The Gazette 1978

SEPTEMBER 1978,

GAZETTE

Book Reviews LEGAL SERVICES FOR THE COMMUNITY by Michael Zander London: Temple Smith, 1978.

discussion on each issue is very fairly and fully presented and that is the most that can be expected from the author of a book of this nature. In terms of Irish development the book could not have been published at a more opportune time. Based as it is on the British legal system it discusses at length the operation and effectiveness of the British legal aid schemes and the necessity for Law Centres. This may not be familiar to the Irish reader but has become very relevant since the publication of the Pringle Report earlier this year. Michael Zander's book gives the Irish reader an insight into a development, which when introduced in the not too distant future, will fundamentally alter the delivery of legal services in this country. For that reason alone (in addition to many more) it is well worth reading. Mary Griffin. Chairperson, FLAC. GERMANY: PRACTICAL LEGAL GUIDE ON COSTS AND FEES, COURT PROCEDURES AND COMMERCIAL LAW by Ruediger W. Trott, Braunschweig: Hoyer Verlagsgmbh, 1977. £14.90. The Author has succeeded in not only providing the Reader with a practical examination of German Legal procedures, but he has also managed to provide a comprehensive "bird's eye view" of many aspects of German Commercial Law. Thus whilst the forms of legal action available in Germany are clearly described, the same book deals with such wide-ranging topics as Taxation, Agency, Competition and all the general topics which engage the attention of a Commercial Lawyer. It is surprising that there is so little available in English concerning the day to day matters which Lawyers face on the internal systems of Law in the Common Market countries. As trading links between Ireland and the Common Market continue to expand the need for Irish Lawyers to be aware of Continental commercial legal practices will undoubtedly increase. So far as Germany is concerned this Book fills the gap and I believe will be of considerable assistance to any Practitioner who finds that his client has a problem in Germany or when German Law is applicable. For example, it would be more than helpful to have some knowledge of the German Law relating to conditions of sale in instances where one's client is contemplating the purchase of goods from a German Manufacturer. Similarly the Irish client who wishes to bring Proceedings to recover funds due to him in Germany will want to know how much it will cost. This book give a very precise account of the fees one's client would be expected to pay and indeed the moral is to first find out the cost before asking your German Collegaue to proceed. Another example would be that a client may require to obtain a Guarantee in Germany in respect of obligations incurred by a German Debtor. Again it would be helpful to be aware of the distinctions under German Law between a Guarantee and an Indemnity. I, for one, will be glad to know that there is such a reliable and easy reference to Commercial Law in Germany as Her Trott's Book. The Author is to be congratulated for having produced such an excellent book and especially for its clear and straight forward style. John G. Fish

Interest and concern round the world about legal services has probably been greater in the past fifteen years than in the previous 500 years put together. Suddenly the subject seemed to touch a raw nerve which in country after country, sparked criticism, research, reports, reform proposals and innovation through legislation and other means" — the opening lines of Michael Zander's book. In Britain the nerve became so raw that a Royal Commission was set up to examine every conceivable aspect of legal services. Since the Commissions inception it has been flooded with volumes of submissions and a lively public debate has taken birth. Michael Zander offers his book as a contribution to that debate. Michael Zander is well known to the public for his intense interest in the provision of legal services. He is largely responsible for forcing a debate which hitherto was considered the exclusive territory of the legal profession, into the public limelight. Those who have read his writings are left in no doubt as to his personal convictions. In one sense it would not be unfair to expect this book to be no more than a bound copy of the authors opinions. But it is a great deal more. Fundamental to Zander's way of thinking is the view that discussion on legal services can only be fruitful if the layman contributes, for lawyers, despite the best intentions must be clouded by a certain degree of self interest. Strongly motivated by this view he directs his book to the widest possible readership and seeks to equip his reader with sufficient data to draw his own conclusions. Thus, he must of necessity present all the relevant and sometimes embittered and highly charged arguments of the various interest groups. It seems superflous to say that the book is well researched comprehensive and that the author is completely familiar with his subject. The most that can be achieved in this review, in guiding the potential reader to the contents and spirit of the book, is to reiterate some of the questions that Zander himself puts to his reader. How effectively is the legal profession responding to the growing and increasingly complex legal needs of society? Is a legal aid scheme the only necessity in tackling the problem of accessibility to law? Why does the public sector salaried lawyer now play such an essential role in the provision of legal services in Britain? In what direction is the public sector legal service pointing? Can the private profession and the public sector lawyers work alongside one another in harmony. Can lawyers talk to their clients in their own language? In the lawyer/client relationship who instructs who? Do the public benefit from the lawyers monopoly and from the prohibition in lawyers advertising their services. Without advertising how can a client know in what area of law a firm specialises? What is meant by the 'unmet legal need' and how can that need be met? The book is loaded with such questions, questions that point in the one direction — i.e. whether the present structure of legal services is adequate to cope with the demands of all sectors of the community. Whether you agree with Zander's conclusions will largely depend on your personal opinions. Opinions apart, the

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