The Gazette 1995

GAZETTE

JANUARY/FEBRUARY 1995

N E W S

AGM Agrees to Review Structures of Law Society

The Annual General Meeting of the Law Society of Ireland was held on 24 November, 1994 at Blackhall Place. The meeting commenced with an address by the outgoing President, Michael V. O'Mahony.

i create the same level of injustice in ! our society."

Referring to the public image of the profession as a whole, the President felt that "the image of the profession will only improve when we ourselves have fully and finally put our own houses in order and when relations with our clients, particularly where problems arise, are on a more clear footing then they are at present". He recommended developing a regulatory code of practice which would deal with all aspects of solicitor's practices, including relationships with clients and third parties. He felt that such a code should have a strong 'client care' complaints procedure as in the U.K. "We must ensure that we retain public confidence in what we do as a profession," he said. In conclusion, the President recorded the fact that the Director General, Noel C. Ryan, was leaving the Society at the end of December and in thanking him for his four years of service he paid tribute to the work and commitment given by him to the profession. An item of special business was notified pursuant to Bye-law 4(3)(a) of the Bye-laws of the Society, as follows: "To discuss whether the present structure and operation of the Law Society is fitted to meet the serious challenges which the profession will encounter in the future and to take a vote on any resolution that might be put to the meeting in relation to same." The following resolutions (proposed : by Leo Mangan and seconded by Peter ' O'Boyle) were considered: dimension, including perhaps providing for an internal office Special Business

Address By Outgoing President

The President briefly reflected on the year during which he held office. He referred to the Solicitors (Amendment) Act 1994 (enacted on 4 November, 1994). He welcomed the fact that there had been removed from the Bill the provisions that would have allowed banks, insurance companies and building societies to engage in will making and probate work, as well as allowing banks and other financial institutions to engage in conveyancing work. In relation to the proposal to 'cap' the level of claims for general damages for personal injuries, the President reviewed what steps the Society had taken in opposition. He referred to an October 1994 report of the Law Commission in England entitled "Personal Injury Compensation: How much is enough?" (which comprised a study of the compensation experience of a range of victims of personal injury) and to the statement of its Chairman ( Sir Henry Brooke) that there was evidence that in certain classes of personal injury cases compensation levels were not high enough. The President said: "At a time when such serious concern is being expressed about the adequacy of the levels of compensation payable at present in the U.K., the Irish Government is proposing to reduce compensation levels here to bring them into line with those in the U.K. Can there possibly be any justification for this? . . . It is indefensible that, at a time when serious concern is being expressed across channel about the inadequacy of compensation levels there, we should be proposing to

Michael V. O'Mahony addressing the Annual General Meeting of the Law Society.

(a) Examine the structure of the

Council of the Law Society with the objective of better serving the solicitors' profession in modern Ireland. Examine the administration, finances and accounts of the Law Society with the objective of better serving the solicitors' profession in modern Ireland.

(b)

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2. That, as a matter of urgency, the Bye-laws of the Society be amended ! after examination, to suit the S structure and administration of the j Society in modern Ireland. ' 3. That no permanent appointment/ replacement for the position of Director General be made until 2 above has been completed and new Bye-laws are approved at an Extraordinary General Meeting to j be held at Blackhall Place, Dublin 7. At the outset, Leo Mangan, Gerry \ Brady, Oran Ryan and Peter O'Boyle addressed the meeting in support of the resolutions. Leo Mangan expressed concern over the finances of the Society and described them as being I "out of control". It was his opinion

1. That the Law Society do I

immediately set up an enquiry with an independent lay Chairperson to:

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