The Gazette 1994

GAZETTE

OCTOBER 1994

September 1993 joint Law Society/Bar Council submission to Government on the Courts Service. We are not, however, alone. Although the UK, USA and Canada clearly spend, in relative terms, far more than we do on court facilities, personnel and management, it is some consolation to learn that those jurisdictions still have, in varying ways, major delay problems to contend with. Personally, what was most encouraging and thought- provoking was the very open and frank way senior members of the American and Canadian judiciaries addressed these issues. They did not appear to feel any threat to their independence in the exercise of their judicial functions when debating publicly case management and delay issues with lay court administrators, litigation lawyers and fellow judges. I believe a similar public debate on these issues could beneficially take place here. This problem appears to be even more acute in the USA and Canada than in Ireland, but it is nonetheless of growing concern here. The most realistic panacea being currently considered in North America is what we have also being considering here - how best should the breadth of knowledge and skills of the young lawyer be extended to make him or her more attractive in the wider employment market as well as more attractive in competing and equipped for the diminishing number of ! openings in the private practice area. What about lawyers as business executives and managers, as civil servants, as computer specialists, as educators, as people whose knowledge and training can beneficially be applied anywhere. My message of optimism to young solicitors is - keep expanding your range of knowledge and skills, do not close your mind to career opportunities outside private practice or outside law entirely, and be justifiably confident in the value of your training as a solicitor, wherever you are and whatever you might choose to do. Unemployment Among New Entrants

day-out. The fact that good news does not tend to make headlines does not lessen that reality.

, Maintenance of Standards and Image of the Profession

Despite our many concerns in this context, we are better off than our USA counterparts. In discussing the issue with US judges I get the sense that what they like about the Anglo- Irish justice system is (topically) that OJ Simpson would have been seen to i get a fair trial here whereas, irrespective of its outcome, he will not be perceived to have got a fair trial in California. The OJ Simpson pre-trial publicity and histrionics may be the consequence of the essentially unrestricted First Amendment right to free press but, in a more general way, there seems to be a serious concern within the leadership of the ABA about the increasing 'win-at-all-costs' approach of US lawyers, both criminal and civil. The vast majority of Irish lawyers still see very clearly the I inherent value of their responsibility not to mislead deliberately a court, a jury, or a colleague, even if a perceived advantage might be gained by doing so. I believe it would be a loss of inestimable value if the economic pressures brought about by the growth of our profession ever gave I rise to a decrease in our high I standards in that regard. Equally in terms of the public image, I we may be better off than our US colleagues, but is that any comfort if Sean Citizen still feels negatively towards us? I reiterate the perhaps self-serving observation that Irish ' clients do get a good service from ' their own solicitor. The recently I published poll conducted by the Small Firms Association showed 90% of those polled as being either "satisfied" or "very satisfied" with the service they received from their own solicitor. What members of the public tend to be negative about are lawyers in general, for a variety of reasons, some objectively valid and some based on perceptions not objectively valid. ! Clearly all incidents of bad publicity involving an individual solicitor can become generalised in the public perception. Our only constant response must be that the vast j majority of solicitors are satisfying the vast majority of clients, day-in-

Michael V. O'Mahony

International Consortium on Access to Law

Terms of Reference for a Protocol of Co-operation ("Protocol")

The International Consortium on Access to Law, hereinafter (ICAL), is founded on the common interest of its members to ensure that their legal and judicial systems are efficient, accessible and cost-effective. The ICAL will advance these objectives by sharing knowledge about improvements to the judicial system and the delivery of legal services. The ICAL recognises that lawyers and the legal profession have a key role in achieving these objectives. This Protocol provides the framework for future cooperation on these vital issues. 1. Mandate: A. The signatories will identify issues, coordinate efforts and exchange information on ideas, initiatives, programmes, and proposals with the view to achieving the following goals: i. accessible, comprehensible and efficient systems of justice; ii. efficient and cost effective modes of provision of legal services, including the international standardisation of legal rules and procedures for commonplace legal transactions.

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The types of issues and mechanisms which will be addressed include:

(a) Improving accessibility and efficiency of the justice

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system:

• developing and promoting cost-effective delivery of legal services

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