The Gazette 1984

GAZETTE

SEPTEMBER 1984 Prospects for the Young Solicitor in the Profession

by Daire M. Murphy, Solicitor

T HAT there is, in today's recessionary times, substantial unemployment among the younger members of the profession appears to be generally assumed by, individual practitioners and students alike. The research carried out by the Law Society in the past twelve months and which indicated that there was not any substantial level of unemployment, appears to have done nothing to dispel this general assumption. Low salaries to newly qualified Solicitors appear to be the order of the day and are, in general, justified on the basis of this widely held belief. The belief itself, of a high unemployment ratio among newly qualified Solicitors, appears to be based on everything bar empirical evidence but remains 'obvious' to all concerned. It is obvious either because, a. the numbers in the profession are growing; b. times are generally recessionary and there is a high level of general unemployment in the community; c. the fee-earning areas of solicitors' work are being encroached upon; d. the low salaries on offer to newly qualified solicitors speak for themselves. Discussions on all the above areas take place openly and are, justifiably, contentious. What is clear however, is that they are all inter-related matters which require to be dealt with in a positive, consistent and unified fashion. Generalisations based on rumour are destructive to the stability and self-confidence of the profession. Further, any action taken while the exact objectives are in doubt is more likely to do more harm than good. It therefore appears to me that the first and foremost objective in dealing with this whole area is the gathering of empirical evidence to back a detailed analysis of the true current position and to forecast future trends. The emotive arguments as to reducing numbers of students entering the profession, curtailing the advent of Solicitors setting up their own practices in their early post-qualification years and the salaries to be paid to young assistant Solicitors may well become less contentious in the light of empirically backed practical requirements. The Younger Members Committee has, in the past, concerned itself largely with the issue of salaries to young assistant Solicitors. It appears clear from the above outline that any minimum wage recommendations are unlikely to have any great effect in the market place so long as the belief of low employment prospects is held by both the potential employer and employee. When reciting the truism that the market finds its own level it must always be femembered that this level is based on the information available to the market at any given point in time.

It is therefore clear that the Younger Members Committee, in concerning itself with the level and quality of employment for younger members of the profession, must concern itself with the wide range of issues that govern the market place. The headings with which the Committee could concern itself, in any such undertaking might include some or all of the following; a. Unemployment as against Under-employment A pure statistical analysis of numbers unemployed cannot give the true and complete picture. Any individual earning less than a full economic salary is under-employed to the extent that that salary is less than that which he/she might expect in circumstances of equal supply and demand. It might indeed be said the employer who pays less than an economic salary, as outlined in the above, will under-employ the assistant in terms of maximising his returns from that employee. By this I mean that he may not consider it necessary to supply the new assistant Solicitor with his own Secretary and full office facilities. This point might best be emphasised by stating that nobody wastes or under-utilises the time of an expensive asset. Under this heading might be included issues such as Legal Aid and the attitude of the fee paying client in the ever-growing welfare state. c. The broad areas of sources of employment and services It is often said that the Solicitors have allowed their areas of employment to be encroached upon, particularly by accountants. The usually cited areas are Tax Law and Company Law matters. The Profession and the Committee should consider what efforts can be made to re-associate the Solicitor's profession with these areas of Law. In addition we should be actively considering what new areas are arising, e.g., divorce. Also under this heading can be considered the alternative sources of employment which are or might be open to Solicitors. The ex-President of the Law Society, Mr. Houlihan, apparently instituted discussions with the Garda Siochanna as to their possible employment of Solicitors. In addition Solicitors are now being employed regularly by the larger Accountancy offices and there would appear to be no reason why Solicitors should not enter into general industry in executive capacities. Other professionals such as Accountants and Engineers have for many years had large numbers of members absorbed in employment in this fashion. To advance this issue it may well be necessary to consider the education of Solicitors !193 b. The pressures imposed on the profession by changing economic and social philosophies