The Gazette 1992

GAZETTE

MARCH 1992

the recent Competition Act, the provisions in the Solicitors Bill which will effectively prevent the Society from prohibiting a solicitor from charging less than the statutory scale for any particular service and the provision which would allow fee advertising, there is no longer any justification for the existing framework of legislation which controls solicitors' remuneration. according to the submission. Noting that the vast majority of solicitors, who provide a good service at reasonable cost have no interest in engaging in fee advertising, the Society concludes that this measure would only encourage that small minority of members who resort to cutting corners and who are more concerned with earning money than the quality of the service they provide. Section 55 - Fee Sharing by Solicitors The submision says that, following debate, the Council of the Law Society decided that on balance it was opposed to the introduction of multi-disciplinary practices (MDPs) and the submission therefore requests that the paragraph of Section 65 which would permit the establishment of MDPs should be deleted. Section 6 9 - Restriction on the Withdrawal of a Solicitor From a Case The submission notes that both the profession as a whole and the Council of the Law Society reacted strongly to this particular section and seeks its removal from the Bill. It is a provision that reflects badly on the profession as a whole and is totally unwarranted. The existing rules of professional conduct of the profession do not permit a solicitor to withdraw from a case when a client is in custody without making adequate arrangements to ensure that the client's interests are fully protected. Section 63 - Fee Advertising The provision permitting solicitors to advertise fees has been widely condemned in the profession

Practising Certificates The submission seeks a provision that will put an end to the present rule that where the Society has refused to issue a practising certificate, once an appeal has been lodged the Society must issue the Certificate pending the outcome of the appeal. This has been criticised by some members of the profession. Section 62 - Costs There is serious concern in the profession that Section 62 as drafted is unworkable, according to the submission. There is a lack of clarity in relation to the requirement to furnish a client in advance with particulars in writing of the basis on which charges are to be made for work. Moreover, the Society believes that this particular obligation should not arise where the work in question is not likely to cost more than a specified amount, for example, £100. The Society is strongly opposed to The submission notes that as a general principle, there is nothing inherently wrong with the charging of percentage fees. It is a practice widely engaged in by other professions. There are many cases, the Society argues, where the charging of a percentage fee, on top of the party and party costs, is entirely justified having regard to the work performed for the client, the importance of the case and its outcome. the general prohibition on the charging of percentage fees by solicitors in contentious business and argues strongly for the dropping of this provision.

Section 73 - Probate by Banks and Ttust Corporations The submission sets out in detail the strong opposition of the profession to this section and likewise to Section 74 that permits conveyancing services to be provided by banks, as articulated in earlier statements. Abolition of Compulsory Irish The submission suggests that the provisions in the Solicitors Act, 1954 which make it mandatory for intending solicitors to pass two examinations in the Irish language should be repealed. The Society is prepared to accept, in its place, a provision in the Bill which will impose upon it an obligation to maintain a panel of solicitors who are competent in the language and willing to provide legal services through the medium of Irish. Data Protection Act The Submission also deals with the implications of the Data Protection Act for the confidentiality of the solicitor/client relationship and requests the Minister to include a provision in the Bill which will remove the solicitor's profession from scope of the Data Protection Act, 1988. The above is merely an outline summary of the contents of the submission which was discussed and approved by the Council of the Law Society at its meetings on 17 January and 14 February. Considerable work has been done on preparing detailed drafting amendments. These amendments have also been submitted to the envisaged. A copy of the full text of the submission is available to any member of the profession on request to the Law Society. The Solicitor's Amendment Bill is currently at Second Stage in Dáil Eireann and it is expected to go to Committee Stage at the time of going to press. Department of Justice and discussions on these and the terms of the submission are

End Legal Controls on Fees The submission urges the

introduction of an amendment to the Bill which would have the effect of removing all legal controls on solicitors' remuneration. The Society makes the point that given the general philosophy underpinning

•

54