The Gazette 1991

JULY/AUGUST 1991

GAZETTE

MDPs can be summarised as follows:- (i) The " one - s t op - s hop" is better equipped to meet client demands especially large commerical clients. An MDP will facilitate speed and allow greater cost reduction for clients. (ii) Solicitors and other profes- sionals are able to share overheads and thereby cut costs. (iii) A greater area of expertise is available to the solicitor and to other professionals practising in an MDP. (iv)The process of encroach- ment on traditional areas of solicitors' practice is greatly reduced. 5. Principal Arguments in favour of the Single Professional Practice and against the MDP (i) General While it is accepted that a strong profession is one which thrives in a competitive marketplace it is equally Clear that the primary objective of a profession is the provision of independent, trust- worthy and competent services to its clients. The pre-requisites of independence and trust- worthiness and the furtherance of the clients' best interests are hallmarks which distinguish a profession from a trade or from commerce and industry. There is a conflict in practice between the provision of high quality professional services and fierce client-driven, government en- couraged, price competition. This is particularly so for solicitors who owe legal and moral obligations not only to their clients but also to the courts and the law as officers of the court in the administration of justice. Solicitors also owe obligations to their fellow solicitors, because what, in the public interest, aids the settlement of many trans- actions is not just the mutual confidence and trust which a lawyer must establish wi th his client, but also the mutual confidence and trust between fellow legal professionals who know that their colleagues will abide by and honour accepted professional rules and practices. There is a point beyond which

2.1.2 This independence is necessary in non-con- tentious rhatters as well as in litigation. Advice given by a lawyer to his clients has no value if it is given only to ingratiate himself, to serve his personal interests or in response to outside pressure." Despite the probable restrict- ion of admission to an MDP to members of recognised pro- fessions, nonetheless, the potential loss of independence is "[In an MDP] . . . the potential loss of independ- ence is the principal threat to the protection and safeguard of the client." the principal threat to the protection and safeguards of the client. Independence is perhaps an ephemeral concept easily understood but more difficult to express succinctly. Adherence to independence in the provision of professional legal advice requires a solicitor to pursue without fear or favour his duties to his client, subject only to his duties as an officer of the court and as a member of the legal profession. In particular, the solicitor's duty to give best advice to the client must be pursued free from alien pressure In the context of MDPs an alien pressure would undoubtedly be that if a consumer consults a solicitor within a MDP, and thereafter needs advice and service from another profes- sional e.g. an accountant or surveyor, the solicitor will be under commercial pressure to direct that consumer to the accountant or the surveyor within the MDP. The solicitor's independence of advice may be compromised and the con- sumer's freedom of choice will be restricted. Furthermore, in the event of the consumer seeking legal advice in connection with the possible negligence of a partner in the MDP in a different profession, the solicitor would be prohibited from acting on account of the conflict of interests involved and his 219

the provision of high quality trustworthy independent pro- fessional services and cut-throat market competition designed to reduce the costs to the con- sumer are irreconcilable. Soli- citors cannot be expected to compete in the marketplace with others at the same price level, if they are required, on the one hand, to provide such services coupled with the total spectrum of consumer protection, while, on the other hand, their competitors are not required to observe such standards of practice, ethics or consumer protections. (ii) Independence of the Legal Profession In connection with the principle of the lawyer's independence it is appropriate to refer to the current draft Code of Conduct for all lawyers in the EEC:- "2.1.1 The many duties to which

a lawyer is subject require his absolute independ- ence, free from all other influence, especially such as may arise from his personal interests or external pressure. Such independence is as necessary to trust in the process of justice as the impartiality of the judge. A lawyer must therefore be careful not to com- promise his professional standards in order to please his client, the court or third parties.

TURKS AND CAICOS ISLANDS AND THE ISLE OF MAN Samuel McCleery Attorney - at - Law and Solicitor of PO Box 127 in Grand Turk.Turks and Caicos Islands, British West Indies and at 1 Castle Street, Castletown, Isle of Man will be pleased to accept instructions generally from Irish Solicitors in the formation and administration of Exempt Turks and Caicos Island Companies and Non - Resident Isle of Man Companies as well as Trust Administration G.T Office:-

Tel: 809 946 2818 Fax: 809 946 2819 I.O.M.Office:- Tel: 0624 822210 Telex : 628285 SamdanG Fax: 0624 823799