The Gazette 1994

GAZETTE

AUGUST/SEPTEMBER 1994

N E W S

N e w P r a c t i c e M a n a g e m e n t G u i d e l i n e s t o A s s i s t F i r ms Practice Management Guidelines, intended as 'a practical management tool' to benefit solicitors and their clients, have been drafted by the Practice Management Committee of the Society and circulated to Council members of the Society. The Guidelines provide a basis by which solicitors, irrespective of the size of their practice, may measure the way they currently manage their practices and set out checklists for planning improvements and development of their practices.

P r o t o c o l o n C r o s s - B o r d er P r a c t i c e A p p r o v e d

The Council of the Society has approved the adoption of a Protocol on Cross-Border Practice agreed between the Law Societies of Ireland, England and Wales, Scotland and Northern Ireland. Noting that the requirements imposed on solicitors qualified in one jurisdiction who wish to qualify in another jurisdiction have been greatly simplified in recent years and that the number of solicitors who would be qualified to practise in more than one of the four jurisdictions is growing, the Protocol sets out agreed principles which each of the four Law Societies will follow in regard to certain aspects of practice in relation to solicitors holding practising certificates in more than one jurisdiction. The Protocol covers co-operation between the four Societies concerning the requirements to obtain professional indemnity cover, compliance with accounts regulations, contributions to the Compensation Funds of the respective jurisdictions, complaints and discipline. The Protocol provides that a solicitor must adhere to the particular requirements of each jurisdiction in which he wishes to hold a practising certificate and allows for an exchange of appropriate information between relevant Law Societies concerning regulation of solicitors who hold a practising certificate in more than one of the four jurisdictions. While the Council approved the Protocol, some doubts were expressed concerning its provisions relating to Guarantee/Compensation Funds. Each of the four Societies operates a Fund. The Protocol, recognising that problems may arise in identifying which Fund would be liable in the case of dishonesty by a solicitor holding a practising in more than one jurisdiction, provides for arbitration in Doubts about Compensation Fund Provisions

the event that, following investigation, the Societies involved cannot reach agreement on whose Fund should meet the claim. Some Council members were of the view that the Protocol did not take account of a provision in the Solicitors (Amendment) Bill, 1994 which would permit the Society to provide that no contribution to the Compensation Fund would be payable by a solicitor who resided outside the State and was engaged in the provision of legal services outside the State. The President of the Society assured the Council that this aspect of the Protocol would be discussed with the other Law Societies in the light of the provision in the Bill. • S o c i e t y ' s S o l i c i t o r s s h o u l d A d v o c a t e If the Society did not use its own solicitors in actions before the courts, it would be failing in its duty to prove the assertion that solicitors were sufficiently capable and experienced to be appointed as judges in the higher courts, according to Past-President, Donal Binchy, who made the remark in the course of a discussion at the Council meeting on 22 July last about the legal costs incurred by the Society. He noted that the President of the High Court was on record as stating that solicitors were equally welcome before the Court as barristers. Many Council members supported Mr Binchy's view, adding that the Society's solicitors were more than capable of prosecuting cases before the High Court and, indeed, had done so in the recent past. The view was taken by the Council that, from now on, the use of counsel would be assessed on a case by case basis with a view to keeping the Society's legal costs to a minimum. •

The Guidelines cover five broad areas of management:

• services and forward planning

• case management

• office administration and management structure

• financial management

• managing people.

The Practice Management Committee believes that adherence to the Guidelines will assist solicitors in their dealings with clients and in ensuring compliance with the Solicitors Accounts and Advertising Regulations and the Guide to Professional Conduct. The Guidelines will also assist firms which wish to gain 'Q Mark' accreditation. Council members have been asked to forward their views on the draft Guidelines to the Practice Management Committee and it is intended that the final draft of the Guidelines will be put before the Council for formal approval at its next meeting on 16 September.

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