The Gazette 1985

GAZETTE

JULY/AUGUST 1985

President's Address Presentation of Parchments, 4 July, 1985

T HIS momentous day is the culmination of many years of effort and work. In nearly every case however, it is not just your own effort and work. The help, support and personal sacrifice, both in time and money from parents, relatives and friends is a major factor in your success to-day. I would like to pay tribute to all those who have helped in this way. Your years of being a student are over, and a lifetime of work is beginning. You are entering a profession with a spirit and tradition of service to the people of this country. Being a Solicitor is something in the nature of a vocation, but for your own sake and the sake of your clients, you must run it as an efficient business. I would like to mention some matters to bear in mind when in practice:— 1. The solicitors' profession has fiercely guarded its independence for years and indeed centuries. This independence means that when we are advising a client, we are thinking only of that client's interests. It is essential to make sure that this will continue to be so. Situations of conflict of interest, or potential conflict of interest, arise on different occasions. D o not let any such situation develop. The fundamental principle is that no man can serve two masters. Losing a job by declining to act in a particular matter because of a conflict of interest is a small price to pay for the service that you are doing the client, and for the peace of mind that you will retain. 2. Sensitivity. You may be surprised at my using this word. The average commercial client will certainly not associate that word with his or her Solicitor, because the emphasis in commercial transactions is that good advice is given and the work done efficiently and quickly. For the personal client, however, the situation is different. Very often, the only time a personal client comes to see a Solicitor is at a time of considerable stress. For example; (i) To buy a house. In many cases, a person will only buy one house in his or her lifetime, and it may well be the biggest financial transaction of his life. (ii) After a traumatic road accident, a person, or the relatives of that person will come to a Solicitor for the purpose of taking an action against the other party involved in the accident. (iii) When a parent or relative has died, a person will come to see a Solicitor so that the Solicitor can deal with the administration of the Estate. (iv) In the case of a break-down of a marriage, or difficulties in a marriage.

In all the above cases, and many more, it is important that the Solicitor dealing with these matters is sensitive enough to realise just how upset the client is, as well as providing a competent and efficient service. I believe that a vast number of clients find their Solicitors extremely understanding and helpful, and I trust that you will continue that tradition. 3. Integrity. It is impossible to stress too much or too often the importance of maintaining the very highest standard of integrity. It is essential, from both the client's point of view and your own, that the client trusts you, and that you are worthy of that trust. You have only one life and one reputation. D o not risk that reputation to please a client who is trying to put pressure on you to do something which you know you should not do. 4. Courtesy to your colleagues. I have noticed in the last few years that a very small minority of Solicitors seem to think courtesy with their colleagues may imply that they are not acting fully in the interests of, or aggresively enought on behalf of, their clients. This is patent nonsense. It is very important, as I mentioned before, to act fully in your client's interest, but there is never any need, in so doing, to be discourteous to your colleague. For example, in the matter of agreeing to an adjournment, it is the client's decision as to whether or not an adjournment is or is not to be agreed to. 5. I would also like to refer to the matter of communication with your client. This is an age of communication, and people expect not only that a job will be done, but that they will be informed as to how it is progressing. Make sure that you explain to your client what is involved in the job, and how it is progressing. Here in the Society, we receive a number of complaints about delays by Solicitors. Some of these are justified, but in quite a number of cases, the delay is caused by some factor or Government agency which is totally outside the Solicitor's control but this fact has not been fully communicated to the client. Not only is it important to do the work for the client, but it is very important to explain to the client exactly what complications and time delays are involved. We live in exciting but difficult times. The Law Society, which as of to-day is your Law Society, is very active in trying to help its members to adjust to changes which have happened and which will happen. I urge you to keep closely in touch with the Law Society, which is here to help and also to listen to suggestions, whether of a broad philosophical nature, or whether relating to specific

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