The Gazette 1995

M

W

H

GAZETTE

AUGUST/SEPTEMBER 1995

Sol icitors Advert ising and the 'Negl igence Cul ture'

Small Firms Association and Law Society Clash on Injury Claims

the new regulation may require additional text to provide clarification when use is made of terms equivalent to 'no foal no fee'. He did insist, however, that the Society viewed taking cases on a 'no foal no fee' basis as both perfectly legitimate and necessary in the context of a country which does not have civil legal aid which would give access to justice to people with plaintiff personal injury actions. The interviewer, John Murray, asked "isn't the 'no foal no fee' system anyway encouraging the whole compensation culture that applies here?" Ken Murphy replied "We think that in fact what we have in this country is a negligence culture rather than a compensation culture and that the real issue to be addressed is the level of accidents that take place and the severity of injuries. It really is blaming the messenger if people are going to attack solicitors for simply doing their j ob of ensuring that people who have been injured through the negligence of others got adequately compensated". ** We think that, in fact, what we have in this country is a negligence culture rather than a compensation culture and that the real issue to be addressed is the level of accidents that take place and the severity of injuries. It really is blaming the messenger if people are going to attack solicitors for simply doing their job. "

being examined by a committee under the Chairmanship of Cork State Solicitor, Barry Galvin and that the new guidelines are being considered which would prevent solicitors actually seeking out personal injury victims and encouraging them to sue. It was now time for review of the 1988 regulations. As a result of the article in the Irish Independent on the 15 August R T E Television requested an interview with Ken Murphy, Director General of the Law Society. In preparation for this, a short statement was issued to R T E clarifying the issue of solicitors and advertising. It was stated by the Society that there is a review currently being conducted by the Society of its' advertising regulations, and that it is being undertaken in the light both of seven years experience of the existing advertising regulations and the recent Solicitor's Act. In addition, there has been some concern about so-called 'ambulance chasing' type advertising undertaken by a small minority of solicitors. The Society said that the question is one of striking a balance between making the public aware of the services provided by solicitors on the one hand and on the other hand protecting the public from advertising which maybe a misleading or in bad taste. A televised interview with Ken Murphy was featured on the R T E 'Six- One' News and the 9.00pm News. Ken Murphy was interviewed on Morning Ireland on 16 August, 1995. He confirmed that a review of the advertising regulations by the Law Society was taking place. He pointed out that the current advertising rules which have been in existence for seven years and needed to be reviewed in the light of experience. He said "we intend to have stronger rules to deal with the forms of advertising that we already consider to be objectionable". He pointed out that 'Morning Ireland'

An article with the above headline was published in the Irish Independent on the 28 July, 1995. The Small Firms Association ( S . F . A .) had issued a statement claiming that the so called 'no foal no fee' service offered by solicitors was responsible for engendering a compensation culture in the economy and calling for a Government inquiry into solicitors activities. However, the Law Society hit back stating that the problem was not a 'compo-culture' but a 'negligence culture'. Instead of attacking solicitors who bring claims for injured clients, the Law Society said that the S . F . A. should address its attention to the cause of the problem which is the unacceptably high level of accidents at work in this country. The Society pointed out that no less than 11,70Q people were reported by the Department of Society Welfare of having been awarded injury benefit 1993 and that fatal injury in the work place in Ireland that year was three times higher than in the U . K. These figures were taken from the Law Society press release which was issued on the 27 July, 1995. The article quoted the Director General of the Law Society, Ken Murphy saying that criticism of the 'no foal no fee' system was misplaced because without a proper civil aid system, it is the only way 'impecunious' clients can have access to justice. The 15 August, 1995 issue of the Irish Independent carried an article headed "Solicitors Face Clamp Down On Chasing Clients". This article resulted from an interview with Pat O'Connor, member of the Law Society Council. It stated that curbs on advertising by solicitors are being considered as a means of applying the 'brakes on ambulance chasers' within the profession. It recorded that the issue is Solicitors and Advertising

- Ken Murphy, Morning Ireland, 16 August 1995.

'Negligence Culture'

In the Irish Independent on the 17 August, 1995 I B EC hit back at claims by the Law Society that there is a 'negligence culture' in Ireland. The article stated that " L aw Society head Ken Murphy last night stood by his claim that there is a negligence culture here". Employers would not settle 223