The Gazette 1978

GAZETTE

APRIL 1978

the universities . We are willing to consider any reason- able response but cannot be expected to pay any heed to unsupported opinion. The planning and implementation of our new eduation programme, has occupied the time and talents of both Council members and staff of the Society, over the last few years, to such an extent, that of necessity we have been prevented from giving detailed consideration to questions associated with continuing legal education. However, I am hopeful that, in the very near future, it will be possible to devote more attention to this very important aspect of our work. That the demand for con- tinuing legal education among a significant section of the profession exists, is perfectly obvious, to anyone who has participated in the seminars and discussion organised by the Society of Young Solicitors, and by the Law Society in relation, particularly to taxation matters over the last few years. The limiting factors, as far as the Law Society has been concerned, in the past, has been the availability of suitable accommodation and personnel. No sensible legal practitioner claims to have mastered his subject, and particularly, in a time of rapid change, needs constantly, to bring himself up to date. Even those of us who have the time or the inclination to sit down, after a hard day's work, and read law books or law journals, probably derive comparatively little benefit from them, and the universal experience is that lectures, work- shops and group discussions have a far mor beneficial effect, so far as bringing legal knowledge up to date, is concerned. I earnestly hope that the Society will be in a position over the next few years, to meet the demand, which undoubtedly exists for continuing legal education. Allied to this, is the question of participation of members of the profession in both the education of students and in continuing legal education. In the very near future, we will be seeking to engage as part-time con-sultants, a sub- stantial number of practising solicitors. This, I think, is á very important and exciting development, so far as the profession as a whole, in concerned. Anyone who has attempted to organise his thoughts, with a view to conveying them to a group of people, realises the bene- ficial discipline that this imposes and that in most cases, he learns from the process at least as much as anyone who listens to him. Moreover, many of those practitioners, who devote themselves most assiduously, to their practice, would benefit greatly from taking some time off to engage in the teaching programme and would return to their practice feeling more vigorous and alert and better able to cope with pressures of their own practice. Reflecting on this aspect of practice, leads me to suggest that it would be beneficial, not just in our profession, but to many other professional groups, to provide some incentive for the taking of periodic leave, at intervals of, say, five years, for an extended period, of three to six months, which might be devoted, for instance, to participation in continuing education, cither as an educator or as a student, and partly to an extended holiday. The kind of incentive I have in mind would be a cumulative tax allowance which could be accumulated over a period of five years, but would cease to be available if claimed at the end of that five-year period, and that the allowance would be granted on production of evidence that the tax payer had par- ticipated in one of the activities to which I have referred, " for a minimum period. I .appreciate that, such an arrangement would be of greater utility to solicitors practising in partnership, but it

The criticisms of the system, centre principally, on two aspects, (a) the suggested limitation of numbers, and (b) the cost. In regard to the former, the calculation of the numbers who might reasonably be expected to require to enter the Law School, based as it was on the best available information at the time, indicated a maximum intake of some 120 per annum, and on this basis, pro- jections were made, assuming an upward limit of demand of 150 per annum. However, over the planning period, the picture of the anticipated demands has changed so rapidly, as to make the task of the planners virtually impossible. To illustrate this, the statistics produced by the Higher Education Authority in relation to student numbers for the whole country, indicate that whereas, the total student population grew, between 1971 and 1975 by less than 10%, the Law Faculty population grew by 84%. Apart from the question of maintaining reasonable stafT/student ratios within the Society's Law School, the other aspect of the matter, which we simply cannot ignore, is that there is clearly a limit to the demand for solicitors in the Irish economy, and that neither the public, the profession, nor those members of the pro- fession who find difficulty in obtaining employment, will be served by qualifying for practice a number of solicitors greatly in excess of the demand. With the greatest respect to those economists who have argued that an excess of supply of any particular talent would result in a reduction in the cost of the service which they provide, this can only be achieved at the expense, ultimately, of lower standards, both of service and of professional conduct. Wc should not forget that there are also existing apprentices who are likely to qualify under the present system at the rate of 200 per annum over the next three or four years. With regard to the cost of providing legal education, the profession have given very generously, from their own resources towards providing the physical facilities for the Law School fend the Society, through their Education Committee, have ensured that, loan facilities will be available to apprentices, to assist them with the payment of fees. I am convinced, when compared with other forms of tuition, it offers very good value for money. I would like specificially to refer to the criticism con- tained in the statement made by the University Law Faculties to the Press. I have already referred to the enormous increase in the size of these Faculties over the past seven years and I wish to point out that this Society has no function in determining the numbers which the Universities admit to their faculties. It would appear that little thought has been given by the Faculties collectively to the opportunities for professional qualifications, which might exist either in our Law School or in other areas, for those whom they choose to admit. For our part we have taken the greatest care to keep each of the faculties informed as to our plans and the progress of our plans since we first embarked on the changes which have now been implemented. Furthermore, while we would prefer not to have to hold any entrance examination, if that were possible, I fail to see how a law graduate who had studied the subjects in which we examine at degree level, can feel discriminated against when competing against others who have not had the opportunity of studying those subjects at a university. With regard to demand for qualified personnel, the Society has gone to considerable trouble, even to the extent of obtaining expert opinion, to research the future demand and have submitted the results of that research to

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