The Gazette 1992

GAZETTE

JULY/AUGUST 1992

was such, according to Stuart-Smith LJ, that the appellants owed her a duty of care including a duty not to require her to work excessive hours so that her health did not suffer. The actual tort of negligence was not made out as there was no evidence that her health did in fact suffer. But on the facts found by the trial judge there were breaches of those duties. There were implied terms in the contract that the respondent should not be required to work excessive hours, should be provided with adequate food and clothing and should have reasonable opportunities for social development, including the study of domestic science. In addition to the actual physical assaults, which were not serious but must have been painful and humiliating (according to Stuart- Smith LJ), the respondent was treated as a drudge and skivvy, inadequately fed and clothed and required to sleep on the floor. She was deprived of normal social intercourse and effectively through fear confined to the house and garden for two and a half years. The Court of Appeal reduced damages for breach of contract, assault and intimidation from £25,000 to £20,000 but ordered the appellant to pay the costs of the appeal from the County Court.

into a microphone instead of typing at the keyboard.

speaking. You don't have to speak "RTE English" to use the system. It was said that one DragonDictate user was a lawyer with cerebral

The question was asked - what if I say a word that the system doesn't know - like unusual names, rare words and invented words. The system apparently would think you said something else, so one has to type in the correct word and the system, i.e. DragonDictate, adds it to its vocabulary. The next time one says the word, it will be there. If you do not want it typed, you spell the new word by voice. A question often posed is what if the speaker has a strong accent. The answer was that as long as you speak consistently, the system will learn your accent and manner of I do not set down these thoughts today to merely catalogue a litany of gloom. Hopefully, you do not suffer my dilemma. And it is not my purpose to say that lawyers should sacrifice personal goals of financial success or that there is even something unworthy about such goals. There is not. For it is financial success which can give each of us the freedom and time to address the public dimension of our profession, and the needs of our communities. But a new balance must be struck; a renewal of the centrality of some of our profession's traditional values must be awakened. So I do ask you to ever remember to instill and recall always within yourselves those high standards of our precious craft and the endemic vitality of the public trust impressed upon lawyers of all free nations which for centuries have ennobled our ancient calling and which will be remembered long after our word processors and time sheets are relegated to history's junk pile. (Cont'd from page 220)

palsy. Previously he had been dependent on secretaries to

transcribe his dictation. Now he uses DragonDictate. For the first time in over fifteen years of practice he is able to work on his own, to complete work from start to finish. Other persons can use the system. Each speaker has a personal speech file. When you identify yourself to the computer, it knows who is talking. Lawbrief cannot vouch for this latest system of technology: we live in exciting technological times. • contentiousness; we must build for usefulness and public service, not triviality or mean pettiness; we must maintain a proportion and balance between means and ends, and between the service we render and the fee we charge. During your successes you must be vigilant to the uncertain morality triggered by advertising and solicitation (if you don't now have it, be vigilant against it); to the cost of litigation to client and society; to speedy and fair alternatives to dispute resolution; to the access to lawyers' services by all components of your community; and, pivotal to all else, to personal ethics and self discipline. Lawyers belong to a select group. In a sense, because your art requires confidence and unquestioned trust, your calling is close to being a holy one. People rely on you; cities, institutions, sometimes nations rely on you. That is what makes lawyers different.

A profession . . . if we can keep it

Steyn LJ agreed.

The Voice Typewriter

At the ninth annual Solicitors' and Legal Office Exhibition held recently in London, ASA-VoiceWriter Limited (Knightsbridge, London), introduced its system called DragonDictate which turns a personal computer into a voice-driven word-processor. Personal computer users who cannot or do not want to type can create letters, memoranda, reports, documents and free text by speaking instead of typing.

But you must earn that responsibility and the right to discharge it well.

How does one go about achieveing this awesome goal? With ideals. •

Lawyers must reach for decision, not delay; we must strive for comity, not

The system is operated by speaking

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