The Gazette 1994

GAZETTE

JULY 1994

firm which on the bank's behalf called in the loan. The Judge did note that the solicitors had a dual role but attached too little importance to it. If a firm is later to call in the debt can it truly be said that its advice to the debtor's surety was independent? While it was not the bank's fault that the Hogans employed the same solicitors, should it not have recommended that the wife go to another firm? It might have been hoped that the Consumer Credit Bill, 1994 would clear up some of the difficulties. The Bill does in fact make some effort to ensure that customers and their sureties have some understanding of what they are agreeing to. However, it seems to have a major weakness: there is no requirement that a creditor recommend a debtor or a surety to The difficult client is the bane of most solicitors' lives and in our daily work we all develop ways of dealing with such clients. However, Professor Lewis M. Browne decided in 1962 in the United States to turn this difficult task into an art form and set up an International Client Counselling Competition. This year, for the first time, two apprentices from Ireland, Andrew Coonan and Phil O'Hehir, participated and came third in the competition against teams from all over the world including the United States, Canada and Australia. The object of the competition is to show how to deal with a client who comes into your office with a problem. One must make him feel at ease, obtain as much information as possible from him so that he leaves feeling that he has been well looked after by a friendly and professional solicitor. The team which does this best wins. The competition itself - which was held this year in April in the beautiful grounds of Glasgow University - com- prises two heats and a final. Each team is adjudicated by a panel of five inter- national judges. When the client (played Conclusion

take independent legal advice. It is therefore unlikely that the Bill will greatly assist the solution of any claim of undue influence by wife against a bank. If neither statute nor judge law provides a remedy, banks must rely on their own common sense. In O'Brien the House of Lords approved the Code of Banking Practice adopted in the UK in March 1992 which provides:- "Banks and building societies will advise private individuals proposing to give them a

(2) he or she should seek

independent legal advice before entering into the guarantee or third party security. Guarantees or other third party security forms will contain a clear and prominent notice to the above effect."

Irish banks should adopt an equally scrupulous approach.

References 1. [1985] AC 686.

2. [ 1 9 9 3 ]4 AER 416. 3. [1993] 4 AER 433. 4. [1993] 2 IR 102. 5. Keane J, unreported, 21 December 1992. 6. See the judgment of Lord Browne- Wilkinson [1993] 4 AER 4 16 at 422. 7. [1909] 2 KB 390. * Christopher Doyle is a practising barrister.

guarantee or other security for another person's liabilities that:

(1) by giving a guarantee or third party security he or she might become liable for, instead of, or as well as, that other person;

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I r i sh A p p r e n t i c es w i t h t h i r d p l a c e i n C l i e n t C o u n s e l l i ng C o m p e t i t i on

half an hour. They then discuss the client among themselves for fifteen minutes, highlighting the most obvious points they have gleaned from the client. They discuss how they should proceed and what action is necessary. After this the judges discuss with the solicitors their strong points and weak points. The Irish team which was narrowly beaten into third place was highly commended by the judges. The International Client Counselling Competition has developed steadily opportunity to compete at the highest standard in the world and to see a whole new range of legal systems. For the Law Society itself, it provides an excellent opportunity to bring our own legal system from the outskirts of Europe onto the international stage. For my colleague, Phil O'Hehir, and I this was an experience that should undoubtedly benefit our future careers. The competit- ion is both prestigious and beneficial and I hope that this is the first of many years' involvement in client counselling competitions for the Law Society. Andrew Coonan • since its inception in 1962. To apprentices it offers an excellent

Phil O 'Hehir and Andrew

Coonan

by an actor) is introduced to the two apprentices in an office scenario, the apprentices' function is to make the client feel at ease, discover his problem and, if possible, offer some form of solution. The client is instructed to be difficult, nervous and even obstructive at times. The panel of judges adjudicates on how the solicitor deals with the client. Not only is the standard of competition very high, but also the judging. The competitors interview each client for

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