The Gazette 1993

GAZETTE

R

Editor 's Note: The then President of the Law Society, Ernest Margetson, was one of the members of the Legal Aid Board who i resigned in January, 1990 in protest at the inadequacy of the Scheme of Civil Legal | Aid and Advice. Since then, the Society has made repeated public calls for the | introduction of a comprehensive scheme. BC I Dear Editor, j May I refer to the Practice Notes in the June, 1993 edition? There is a section headed Life Policy Proceeds not paid to Solicitors. | Understandably the directive specified that a solicitor should ensure that life assurance proceeds cheques drawn in favour of the personal representative or beneficiary (as the case may be) should be sent directly to him. That he should not give an undertak- j ing unless he has had sight of the claim j form and is certain that the cheque for the life assurance proceeds will be "sent to | him." May I suggest the following, if possible, j and appropriate, that the solicitor should endeavour to copperfasten the situation by requesting the executor/beneficiary to | authorise the company to make the cheque directly payable to her/his firm so the he/she has total control of the situation? I Yours etc., | Diarmuid Teevan, Solicitor. ; Life Proceeds not paid to Solicitor

defects in the proposals which should be thought through such as the fact that payment of a fee for court work may create an over-emphasis on this remedy. Í It is difficult to understand why there is | no provision for a fee for advice, negotiation and agreement between the spouses which is without a doubt the best way to deal with family disputes. Despite the inadequacies it is my view that the proposals should be accepted for the limited period and as a pilot project. Those who decide to go on the panel will be unlikely to do so for financial reasons but hopefully they will have an interest and an expertise in family law work and in improving the level of service to the public in these cases. I believe that there is a need in the profession to re-focus on an non- adversarial approach, to improve our knowledge of recent legislation and case law, to encourage better use of mediation services and to acquaint ourselves with the excellent Family Lawyers Code of Conduct. If private practitioners can demonstrate the value S and efficiency of the service which they j offer and its cost effectiveness, they will I be in a stronger position to make a case ! at the end of the pilot project for ! adequate remuneration and an expansion of the Civil Legal Aid private practitioner scheme.

Pilot Project - Civil Legal Aid

Dear Editor, The Society's response to the Minister's

proposals in relation to private practitioner Civil Legal Aid has

prompted me to offer some comments which arise out of my experience as a family lawyer. Apart from the Law Society report on Civil Legal Aid in November 1991, the formation of the Family Law Committee and a recent address from the President, I would not have been aware of any great interest by the Society or the profession as a whole in the absence of a proper Civil Legal Aid structure. Organisations such as FLAC and AIM Group were more vocal in highlighting the inadequacies and suggesting reforms in the provision of Legal Aid and the whole area of family law. The resignation of Niall Fennelly and other members of the Legal Aid Board in January, 1990 failed to evoke any notable response from the Society. The obvious injustices suffered by citizens unable to gain access to Civil Legal Aid has produced only a handful | of practitioners interested enough and willing to take the risks inherent in running test cases (with some recent notable successes). We now have, for the first time since the recommendations in the Pringle report of 1977, concrete proposals for private practitioner legal aid. The fee per case is glaringly inadequate. There are other

i

Yours etc Phil Armstrong Solicitor.

Doyle Court Reporters Principal: Áine O'Farrell

Court and Conference Verbatim Reporting Specialists in Overnight Transcription Personal Injury Judgements -Trinity and Michaelmas Terms 1992 - Now Ready Consultation Room Available 2, Arran Quay, Dublin 7. Tel: 8722833 or 2862097 (After Hours) Fax: 8724486 'Excellence in Sporting since 1954 321