The Gazette 1984

INCORPORATED LAW SOCIETY OF IRELAND GAZETTE Vol. 78 No. 5

I n t h i s i s s u e

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C o m m e n t

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T HE announcement by the President of the Society at the recent Annual General Meeting of the Mayo Bar Association that he was in the process of establishing a panel of solicitors who would undertake negligence actions against colleagues practising outside their own immediate areas is timely. As the President said in the same speech, there is no doubt that solicitors as a profession are under siege by the media and the consumer interest in Irish society. One criticism often levelled against solicitors (and other professions) is that it is difficult to get one professional to become involved in an action for alleged negligence against a colleague. The "dog doesn't eat dog" attitude while perfectly understandable, may, at times be professionally unsafe; it includes, however, acts of generosity such as not charging a colleague full fees in respect of his own personal transac- tions as well as refusing to take instructions against him in a negligence action. More often than not, a reluctance to act in such matters is motivated by local considerations and by an attitude of "there but for the Grace of Go d . . . ". The above attitude is, however, of no consolation to the layman who feels that he has suffered unfairly at the hands of his solicitor and who wishes to seek legal redress. Nor is it even relevant in most cases, because, as the President pointed out, over 80 per cent of solicitors have got Professional Indemnity Insurance. The panel to be formed by the President will, hopefully, be a first step in ensuring that persons with a genuine legal grievance against a solicitor are neither denied a remedy nor compelled to attempt to represent themselves in seeking one. The notion that a solicitor should not be asked to act against a colleague in the same immediate geographical area will also do away with one of the principal objections to solicitors taking on such cases. At a time when the administration of all professions is under public scrutiny it is essential that solicitors, more than any other profession, can face that scrutiny with confidence. •

Comment

123

Litigation in the U.S. — An Overview

125

Practice Notes

131

For Your Diary

131

Minutes of Half-yearly Meeting

133

A Forum for New Firms

135

The Unconstitutionality of the County Rate on land

137

Book Review

141

Correspondence

144

Professional Information

146

Executive Editor: Mary Buckley Editorial Board:

William Earley, Chairman John F. Buckley Gary Byrne Charles R. M. Meredith Michael V. O'Mahony Maxwell Sweeney

Advertising:

Liam O hOisin, Telephone 305236

Printing: Turner's Printing Co. Ltd., Longford The views expressed in this publication, save where other-wise indicated, are the views of the contributors and not necessarily the views of the Council of the Society. The appearance of an advertisement in this publication does not necessarily indicate approval by the Society for the product or service advertised. Published at Blackhall Place, Dublin 7.

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