The Gazette 1974

fearlessly championed by you, nevertheless there is no necessity for you on that account to descend as, alas some do, to ungentlemanly personalities, or vulgar abuse. 1 Finally honour all your undertakings and ensure that no personal undertaking is given by you unless you are certain of your ability to honour it, even at your own expense and out of your own pocket. Finally maintain friendly relations and understanding with all your colleagues because on their co-operation and help will depend your success in business and the avoidance of many pitfalls of which you may be un- aware and which your loyal colleagues will bring to your notice in a spirit of co-operation in the interests of yourself and of your client. ESTABLISHING A PRACTICE You will have to ask yourself the question as to the amount of capital required to establish a practice either alone or in conjunction with some of your col- leagues and your ability to generate an adequate in- come to meet the repayments on borrowed capital and pay overhead charges. Alternatively you may decide to seek an assistant- ship in an established practice for the purpose of gaining experience either in conveyancing, litigation, probate or company law. This procedure will enable you to make a better assessment of your future plans and it will also give you time to seek out other partnerships arrangements or alliances enabling you to share the burden of establishing a practice or alternatively take over a practice or join with one of your younger col- leagues in sharing the expense of overheads while carry- ing on your independant practice. If you intend to buy a partnership or purchase a practice you will be well advised to exercise consider- able care by seeking a full disclosure of the accounts and have such accounts examined by a professional accountant and if no such accounts or inadequate accounting is not available you will be well advised to discontinue further negotiation as you might find your- self launched into a decadent practice from which it would be too late for escape, for there is no knowing > what catastrophies might befall you. Perhaps the better advice or guidance in this regard would be for you to enter into a probationary period of two or three years in the particular office before a final decision is made. The final suggestion is that you as a member of the Incorporated Law Society will seek the advice and guidance of the secretariat before you enter upon any partnership or purchase a practice as the Society will be able to give you advice and guidance on matters ( which might vitally affect your decision before irrevoc- able steps were taken. CLIENTS Let us consider your relations with and attitude to- wards your clients. Remember always that politeness goes a long way and costs nothing. Your client must feel that you have his personal interest at heart im- mediately he sets foot in your office and you must also indicate that you are pleased to see him and you are only too ready and willing to help him to the best of your ability. You can adopt a light and humorous attitude as the occasion demands or you may have to be very sym- pathetic and understanding, where bereavements or ' other calamities have befallen the clients family. 28

2(b) provides that any action claiming damages for negligence nuisance or breach of duty where the dam- ages claimed by the plaintiff for the negligence nuisance of breach of duty consists of or includes damages in respect of personal injuries to any person shall not be brought after the expiration of three years from the date on which the cause of action acrued. It is vitally important therefore in all running-down actions or in fact in all claims for damages whether arising out of a contract or other tort liability that the proceedings be instituted within the statutory period of three years, otherwise the solicitor will be liable for negligence and damages consequent on such negligence. Under Section 11 it is further provided that no action claiming damages for slander shall be brought after the expiration of three years from the date on which the cause of action accrued. It is also well to remember that actions for the re- covery of land are statute barred after twelve years as well as actions for the recoveries of amounts due on foot of any mortgage or charge. Ground rents are only recoverable for a period of six years. These are some of the salient features of the pro- visions óf the statute and it is advisable for every solici- tor to acquaint himself fully with these limitations be- cause he is under an absolute duty to his client under his contract of retainer in matters to which the statute is applicable. THE SOLICITORS PROFESSION The solicitor occupies a very trusted and responsible position in our community and his advice and gui- dance is sought on many matters far removed from the realm of the law. The family solicitor is the only person in our community or society who can be approached with confidence when trouble looms on the horizon, and I think it is true to say that no solicitor in prac- tice has shirked the responsibility of endeavouring to resolve family and domestic problems and generally contributing to the increase of human happiness so far as lies in his power. There are about 1,500 solicitors practising in the Republic of Ireland and it is difficult to conceive what other group or profession in our society could in any way supplant the trusted and confidential service ren- dered by the solicitor to those who seek his aid and guidance. You must always be prepared to undertake work and services for which there is little or no reward and you must jealously guard the confidence reposed in you. Above all, as a solicitor, you must maintain high standards and impecable integrity in all your dealings, not alone with your own clients but with your colleagues and in particular you must honour to the letter personal undertakings and assurances given in your capacity as a solicitor to financial and other institutions who rely on you to protect them for facilities afforded by reason of your undertakings and status as a member of an honourable profession. You must always be courteous, considerate and help- ful, not alone to your own clients but to your colleagues on the opposite side and to those with whom you have dealings and contact in the pursuit of your professional activities. Be courteous always in your correspondence and do not be aggressive or offensive and always try to achieve your objective couched in language which though firm is nevertheless polite. The fact that your clients have quarrels between themselves which must be