The Gazette 1990

GAZETTE

' APRIL

1 9 90

in the next 18 months, there would be competition from both increased numbers of new solicitors and from lawyers in other areas. He agreed with speakers who had emphas- ised that the whole system of training was dependent on solicitors participating. Up to 400 were already helping as both tutors and consultants, but certainly for the next two years the training system would have a serious prob- lem and the Education Committee would be dependent on the support of the Profession. Council's Strong Support The President commented that, notwithstanding what had been said from the floor, he had to make it clear that there was a very large majority in the Council in favour of the change in the Education system. COMPENSAT I ON FUND Mr. Laurence Shields, dealing with the Compensation Fund, said that the outlook was bleak in view of the number of claims which the Society had received in the year in question and the number of further claims which had been received during the current year. One issue which the Society would have to consider was the question of undertakings being given by a solicitor in respect of himself as a client. The Compensation Fund Committee was considering a proposal to employ a solicitor to push the matter of obtaining in- junctions to prevent solicitors from practising where they were in arrears with their Accountants' Certificates. AUD I T ED A C COUN TS Introducing the accounts, Mr. F. Daly, Chairman, Finance Com- mittee, indicated that they were as presented in the Annual Report. In response to Mr. Galvin, he indicated that, to date, £59,000 had been spent in legal fees in respect of actions taken by Law Students against the Society. A final figure was not available in that one case was still before the Supreme Court. Adoption of the accounts was pro- posed by Mr. A. Ensor, seconded by Mr. B. McMahon, and approved unanimously. E L E C T I ON OF AUD I TORS The meeting accepted the proposit- ion, by Mr. F. Daly, seconded by

right of exit into the profession, remarked Mr. Adrian Bourke. Mr. John Buckley, who added his support to the views expressed by Mr. O'Donnell and Mr. Greene, said that the problem of the future was widening the automatic right of entry to all graduates. This would create an impossible situation in ^the finding of Masters for Apprentices - by 1991 there would be up to 1,000 apprentices. As a member of the Education Advisory Committee, he had known how lucky the Society was to find Masters for Apprentices in recent years. One problem which the Society would now face was that of giving entry to people who had failed spectacularly in the examination since 1982. He ex- pressed concern that the Society had opened the door too wide. U.S./Australian Solution The President said that some firms were good on apprenticeships, whereas others did not take any. At the moment the Society had less than 500 apprentices in the system and there were 1,400/1,600 firms. It was the ethos of a Profession that it trained its own members. If the Society could not do this, then it would have to face the possibility of the abolition of apprenticeship and accept a system such as that which obtained in Australia and jn the U.S.A. where solicitors on entry to the Profession from College were given a limited Practising Certificate. Mr. Donal Binchy said that he had opposed the decision, but the decision had been taken. In the future it might be open to the Council to change its position if the Universities did not co-operate. Replying to the discussion the Chairman of the Education Com- mittee, Mr. Ray Monahan, said that the Profession was losing control over numbers, but it was not losing control over standards. It was pro- posed to introduce a complete new system of assessment. With more coming in for training, there would be more resources which would have to be used to produce the best possible system. The Committee was under obligation to have a system of control of standards and to ensure that those going out into the Profession had achieved a satisfactory standard. With the implementation of the E.C. Directive

Law Association and in his view - and the view of others - it was nonsense to say that the Society maintained control. If an intending solicitor got a Law degree he got into the profession. From this it could be said that the Universities had absolute control. He was not satisfied with the quality of many recently qualified solicitors. Mr. Galvin added that there was a general feeling that a number of decisions were being made without adequate consult- ation and rushed through the Council. He did not accept that it was not the business of the Profession and the Council of the Law Society to protect the well-being of solicitors and of family practice. Mr. Rory O'Donnell agreed with Mr. Galvin that the Council had lost control. There was agreement also from Mr. Frank O'Donnell who said that he felt that unwittingly those present at the AGM may have got the impression that the Education issue was fully debated at both the July and October Council meetings. This was not the case. The matter first came up before the Education Committee on the morning of the Council meeting in October. He did not agree that the radical new policy of the Law Society, as stated by the President, was generally well received. Pressure on the Law School The Education Committee had come under very great pressure and the decisions it made were made in good faith, said Mr. Michael Greene. He was not worried about the numbers seeking jobs; as far as he was concerned, the best ones survive. What really worried him was the pending situation in the Law School. How would it cope with the numbers? At the moment it was producing very high quality apprentices and he wondered if that quality would be affected. There should have been soundings from the people who were giving their time to training. Remuneration was not the issue, it was the time out of the office. He personally would find it impossible to double his commitment. How many not involved in teaching would come forward to meet the new demands? Automatic right of entry to the Law School was not an automatic

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