The Gazette 1985

SEPTEMBER1985

GAZETTE

Wide ranging discussions at Society's AGM P ROFESSIONAL indemnity insurance . . . the Com- pensation Fund . . . problems in the Companies office and other Government Offices . . . entry into the pro- fession, and the remuneration of solicitors were among the topics reviewed when the Annual General Meeting of the Incorporated Law Society of Ireland was held at Blackhall Place, Dublin, on 14 November 1985 under the Presidency of Mr. Anthony E. Collins.

positive in its comments to the public, Mr. John Harte commented on the Government proposal to appoint County Sheriffs to collect debts due to the Government. This, he considered, would mean the public was being dealt with in an inferior manner; the Law Society should make public representations on the subject. As matters stood, the Law Society was being criticised for failure to administer a totally outdated debt collecting system. Following-up the point, Mr. Desmond Moran said the situation would be greatly improved if sheriffs were appointed to each county or a group of counties, since the sheriff was not a Civil Servant and would appoint whatever staff he considered necessary. Mr. John Reidy said he took the point regarding the situation of the public in the event of developments as outlined and rep- resentations on the subject had already been made in the strongest possible way to the Department of Justice by the Parliamentary Committee. Mr. Harte said his point was that the Society should be making representations to the public since the public was utterly dissatisfied with the approach of Government. Companies Office Problems: Problems arose not only in the debt collecting area, but in every area of the administration, said Mr. Quentin Crivon who cited the Probate Office and the Companies Office as examples. The system for administering files in the Companies Office was so loose that they could be taken out in a briefcase. The President said that while the Companies Office had been in a total shambles for some time, computer- isation was now proceeding rapidly and the indications were that on completion of the computerisation prog- ramme, a satisfactory service would be available. Mr. Crivon said that the Society should make repre- sentations to the Government to staff offices adequately, particularly in view of the fees being charged. At the same time, it should initiate a series of articles in the media. The President commented that in the case of the Land Registry, he had made public representations on three occasions during his term of office. In addition, he had, for the first time ever on any topic, approached every member of the Oireachtas. The indications were that improvements were being made but so far the embargo as to increased staff was being retained. Too Many Solicitors? The current over-supply of solicitors was raised by Mr. Crivon when Legal Education was being discussed. He urged that steps should be taken to limit numbers. The President replied that approximately 44,000 people sat the Leaving Certificate Examination each year and the Society's limit for entry to the Law School was 150 places. In his view, it would be politically impos- sible to make any reduction on that number. Mr. Laurence Shields pointed out that whereas in previous years the numbers were greater due to the operation of two entry systems at the one time, and the rights given to students who were in the transitional stage, the situation had now been reached where the number being admitted in any year was in or about the 150. 339

The Minutes of the half-yearly meeting, held in Ken- mare on 27 April, 1985 were signed. The audited accounts for the year ended 31 December, 1984, and the Balance Sheet as at that date were adopted on the proposal of Mr. Walter Beatty, seconded by Mr. Michael Houlihan. Messrs Cooper & Lybrand were appointed auditors to the Society on the proposal of the President, seconded by Mr. Tom Shaw. When the President invited discussion on the annual report, Mr. Desmond Moran asked if it was reasonable, or practicable, to impose the requirements of profes- sional indemnity insurance on a compulsory basis. The market was very limited and it was conceivable that in the forseeable future the premiums would rise to the extent of the profession not being able to pay them. Mr. Moran quoted speakers at seminars in Ireland and in the United Kingdom in support of his argument and urged that a decision on the matter be deferred for a few years. Mr. Walter Beatty said that he was concerned over the situation. It was one where the profession was damned if it did take action and equally damned if it did not. The total membership in the country was small and as a result the premium pool was not attractive to any carrier. At the same time, the profession had a concern to ensure that the public was not at risk. The President said that he appreciated the comments made and the reason for making them. Two years ago, a policy decision had been taken to introduce professional indemnity insurance on a compulsory basis. The Society was trying to reach a workable solution in light of that decision and the three carriers operating in Ireland, as a consortium, were advising the Society. In the meantime, the claims experience and market situation had changed dramatically. If, at the end of the Society's investigations, it transpired that the terms of the Master Policy were totally unsatisfactory then the Society might have to look again at the decision to introduce professional indemnity insurance on a compulsory basis. Compensation Fund: Mr. Gerard Doyle congratulated the Compensation Fund Committee on the reduction in the fee for the Compensation Fund in the coming year. A reduction, while attractive, was also controversial since it was so difficult for the Committee to forecast the trend of demand in the coming year. He raised queries on the Society's administration charge to the Compensation Fund and the legal and professional fees. These queries were dealt with by Mr. Tom Shaw, Chairman of the Finance Committee. Appointment of Sheriffs: After remarking that the Law Society should be