Law Society Gazette Law blues with a feeling you’re fired Great white hope Was the system of Spelling out the ABCs The new ‘white-collar solicitors’ undertakings of redundancy for crime act’ is a welcome ever a good idea? employers and workers step in the right direction • Vol 105 No 8 • Vol Law Society Law GazetteGazette€3.75 october 2011 october 2011 SpaGhetti juNctioN: Law Society of Getting your teeth into the YEAR BUSINESS TO THE OF i reland Road Traffic Act 2011 BUSINESS MAGAZINE cover october try1.indd 1 27/09/2011 14:49 Law Society Gazette www.gazette.ie October 2011 preSident’S meSSaGe 1 ADAPTINg TO CHANge harles Darwin said: “It is not the strongest of the species maximum efficiency, that survives, nor the most intelligent that survives. It is the reducing the need for Cone that is most adaptable to change.” adjournments. This As I write this message a few days before the publication of the means looking at the Legal Services Bill, I believe we will have to remember the words of hours they work and Darwin in the weeks, months and years ahead. providing for active case A recent survey of the profession by the DSBA reveals the management so that following: lawyers meet deadlines 1) Conveyancing remains the main area of expertise for the in providing documents “Any measures that profession for as many as 83% of those surveyed, and preparing the case 2) Approximately two-thirds of solicitors have taken pay cuts, for hearing.” She also greatly weaken the 3) Nearly 40% of firms have made staff redundant, encouraged mediation independence of the legal 4) Debt collection is the area showing the largest increase in work, and other forms of 5) More than half of small firms (one to two fee earners) are alternative dispute profession are an attack pessimistic about the future, and resolution. on democracy itself” 6) Solicitors are looking at some quality standard and social-media marketing as a way of increasing business. Regulation of the profession The Legal Services Bill will also make major recommendations While there is little that we can do to change the economy, clearly regarding the regulation of the profession. Some members we must support each other and adapt as best we can to a changing have indicated that the Society, in regulating its own members, and hostile environment. I believe the profession should be to the has created a degree of disconnect between the Society and its fore in the development of mediation. members. It is my hope that consideration of the bill by the In this regard, I would like the Law Society to produce a public profession – whatever it may contain – will help to create a unity list of approved mediators, which has been requested by members of purpose within the profession and strengthen the bond between of the judiciary. I would also like the Society to prepare rules for members and the Society. However, if an outside body is appointed mediators, similar to the rules for arbitrators recently produced. to participate in any regulation of the profession, it is essential I am also hopeful the Society will have an active input into the that the Law Society plays a role in this body, because of the huge Mediation and Conciliation Bill, which is promised next year. expertise the Society has in this area. It is also imperative, if the Society has to make a financial contribution to this body, that it has Cost-cutting programme a major role in assessing the correct cost structure of such a body. In addition, in response to the DSBA survey, there were some There will be a special Council meeting on 7 October next demands that the Law Society would review costs in the Society. to consider the Society’s response to the bill. The minister, Alan In this regard, I am pleased to report that the Society has Shatter, has promised to meet with the Society to hear detailed undertaken a very stringent cost-cutting programme over the last comments on the bill around the middle of October. I would three years, resulting in savings to date of the order of €10 million. welcome the comments of any member on the bill after it is These savings continue to accrue to the benefit of the Society. published. However, it is only fair to observe that some of these savings come In relation to PII, I am pleased that the ‘common proposal form’ at great human cost in the form of redundancies. Such action is is now available on the Society’s website, and I earnestly hope that never easy to take, but, regrettably, it has been necessary to do so, the renewal process will be easier this year. and I would like to take this opportunity to extend my sympathies The Chinese symbol for ‘crisis’ is composed of two characters: to all those who have been adversely affected by these measures. one representing danger, and the other opportunity. Our The Legal Services Bill will primarily deal with litigation costs opportunity at this challenging time is to remind Minister Alan and the regulation of both branches of the profession. It is Shatter that it is in the public interest to have a strong, vibrant and ironic, however, that at a time when there has never been greater independent legal profession and Law Society. Any measures that competition between firms in quoting lower fees for new business, greatly weaken the independence of the legal profession are an legal costs will be more regulated. In the event, it appears likely attack on democracy itself. G that one of the main measures of litigation fees in the bill will be hourly rates, and that, to me, is not unreasonable – provided it does not encourage inefficiency – and that, at the same time, the bill allows flexibility to reward work commensurate with responsibility. As Carol Coulter has reported in The Irish Times recently: John Costello “The courts need to be examined to ensure they are working to President 2 contentS Law Society Gazette www.gazette.ie October 2011 Law Society Gazette Volume 105, number 8 Subscriptions: €57 Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle Designer: Nuala Redmond Society Law Editorial secretaries: Catherine Kearney, GazetteGazette Valerie Farrell Commercial advertising: Seán Ó hOisín, tel: 086 811 7116, ReGulaRS email: [email protected] 49 One to watch: Criminal Justice Act 2011 1 President’s message For professional notice rates (wills, title deeds, 50 Regulation: Solicitors Disciplinary employment, miscellaneous), see page 59. Tribunal 5 News 54 Eurlegal: european jurisdiction rules and Published at Blackhall Place, Dublin 7, tel: 01 672 4828, fax: 01 672 4877. 14 Analysis arbitration; recent developments in Email: [email protected] 14 News feature: Frank Daly criticises European law Website: www.gazette.ie the lack of progress in solicitor cases 59 Professional notices Printing: Turner’s Printing Company Ltd, referred to the DPP, and urges the Longford minister to act 16 Human rights watch: Capacity and the 60 Recruitment advertising Editorial board: Michael Kealey (chairman), right to refuse medical treatment Mark McDermott (secretary), Mairéad Cashman, 64 Captain’s blawg Paul Egan, Richard Hammond, Mary Keane, Aisling Kelly, Tracy Lyne, Patrick J McGonagle, 19 Comment Ken Murphy, Andrew Sheridan 19 Letters 21 Viewpoint: Was the system of solicitors’ The Law Society of Ireland can accept undertakings ever a good idea? no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions 42 Obituary expressed are not necessarily those of the Judge Con Murphy Law Society’s Council, save where otherwise indicated. 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To contact the Office of the Press Ombudsman go to: www.pressom- budsman.ie or www.presscouncil.ie. 43 43 Law Society Gazette www.gazette.ie October 2011 contentS 3 26 14 Great white hope ou’re fired The new ‘white-collar y crime act’ is a welcome Spelling out the ABCs Law Society Gazette • Vol 105 No 8 step in the right direction blues with a feeling of redundancy for Was the system of employers and workers solicitors’ undertakings ever a good idea? €3.75 october 2011 Law Society GazetteLaw coveR StoRy 22 Spaghetti junction october 2011 Road traffic law can be something of a spaghetti junction.