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Legal and the Legal Profession Law Society Gazette www.gazette.ie July 2012 PRESIDENT’S MESSAGE 1 SILENCE IS NOT AN OPTION s I write this message, we have just completed our She reported how, in her meeting with the presidents and chief executives of country, they first arrested the Athe law societies of Northern Ireland, Scotland, and political activists, then their England and Wales. These meetings are held biannually and lawyers, and then the lawyers afford all concerned an opportunity to bring each other up representing those lawyers. to date on developments within our respective jurisdictions. Now that there is no one left This, in turn, helps to inform us about potential future to arrest, they are purporting developments in our own jurisdictions. to take over the bar association We updated our sister jurisdictions about the Legal and the legal profession. Her Services Regulation Bill, and received briefings from them on plea to the IBA was for it to alternative business structures recently rolled out in Britain become the voice of attorneys. “Defending (which include entities controlled by non-lawyers providing In her words: “Defending legal services); lender-panel management (by which lenders attorneys is defending the attorneys is control the appointment of solicitors acting on behalf right of the voiceless to have defending the of clients in the purchase of property); accreditation and representation.” quality marks, and; how law societies might best improve The representative from right of the representation of their members. Zimbabwe described how voiceless to have These meetings are an invaluable means of keeping current the state uses every means at with developments; and enable the Society to anticipate and its disposal to intimidate the representation” plan for the future. legal profession, including every organ of the media, physical assaults, repressive laws International independence concerns and exclusion. Chillingly, he described how he could not be I recently represented the Society at an International Bar certain how he might be met when he stepped off the plane Association (IBA) meeting in The Hague. The theme of on his return home. the conference was interference with the independence of While it is obvious that the legal professions in these the profession – but not as a result of developments here countries are suffering because of repressive regimes about in Ireland. It was against the backdrop of developments which we can do little, nonetheless we should do what we in Holland, where the minister for justice in that country can to offer support to our colleagues in these jurisdictions is proposing certain measures that might bring about through the IBA, the Law Society and indeed our own local government involvement in the regulation of the legal bar associations. Silence is not an option. profession. Although those measures are less far-reaching than those Improving communication proposed in the Legal Services Regulation Bill, nonetheless On a more mundane note, the Society is always striving to they are anathema to the Dutch Bar and are a source of great improve its electronic communication with members. Using controversy. the website, eZine and presidential e-bulletins, it continues Any concerns that developed Western democracies might to provide important information and services to support have in this regard, however, pale into insignificance when its members. I am happy to report that the average open compared with the trials and tribulations experienced by rate of 39% for the eZine far exceeds benchmark standards, colleagues in authoritarian regimes, or in countries where while visits to the Society’s website are at an all-time high. Of democracy is not fully developed. course, having the right email address is essential, so please The presentations from delegates from Malaysia, Iran and ensure that the Society’s webmaster (webmaster@lawsociety. Zimbabwe were shocking. You could have heard a pin drop ie) has your current direct email address so you can receive as these representatives gave an account of the difficulties updates directly to your desktop. With the proven benefit of experienced by lawyers in their jurisdictions in representing these and alternative communication channels, we intend to their clients. build on, and further strengthen, the connection between the The representative from Iran is now effectively in exile. Society and its members. G Donald Binchy President 2 CONTENTS Law Society Gazette www.gazette.ie July 2012 Law Society Gazette Volume 106, number 6 Subscriptions: €60/€90 Editor: Mark McDermott FIIC Deputy editor: Dr Garrett O’Boyle Art director: Nuala Redmond SOCIETY LAW Editorial secretaries: Catherine Kearney, GAZETTEGAZETTE Valerie Farrell Commercial advertising: Seán Ó hOisín, tel: 086 811 7116, REGULARS email: [email protected] 4 News 53 One to watch: Protection of Employees For professional notice rates (wills, title deeds, (Temporary Agency Work) Act 2012 employment, miscellaneous), see page 61. 54 Regulation 12 Analysis 56 Justis update Published at Blackhall Place, Dublin 7, 12 News feature: Justice Media Awards tel: 01 672 4828, fax: 01 672 4877. 2012 yield a vintage crop 58 Eurlegal: Recent developments in Email: [email protected] 14 News feature: Acquiring new skills European law Website: www.gazette.ie can kickstart your career 61 Professional notices Printing: Turner’s Printing Company Ltd, 16 Human rights watch: The relationship Longford between the judiciary, the executive and the legislature in Northern Ireland since 63 Recruitment advertising Editorial board: Michael Kealey (chairman), the ECHR Mark McDermott (secretary), Mairéad Cashman, 64 Captain’s blawg Paul Egan, Richard Hammond, Mary Keane, Aisling Kelly, Tracy Lyne, Patrick J McGonagle, 18 Comment Ken Murphy, Andrew Sheridan 18 Viewpoint: Examining the science behind litigation in personal injuries The Law Society of Ireland can accept no responsibility for the accuracy of 40 People and places contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the 43 Parchment ceremonies Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress 48 Books occasioned to any person acting or refraining 48 Book reviews: Judicial Review of Criminal from acting as a result of the material in Proceedings; Laughing at the Gods: Great this publication can be accepted by the Judges and How They Made the Common authors, contributors, editor or publishers. The editor reserves the right to make publishing Law, and The Law of Credit and Security decisions on any advertisement or editorial 49 Reading room: Updates from the article submitted to this magazine, and to Law Society Library refuse publication or to edit any editorial material as seems appropriate to him. 50 Briefing Professional legal advice should always be 50 Council report: 11 May 2012 sought in relation to any specific matter. 51 Practice notes 52 Legislation update: 9 May – 8 June 2012 64 FSC independently certified wood and paper products used by the Law Society Gazette come from ecologically managed forests. Visit: www.fsc.org PEFC certifies that wood and paper products used by the Law Society Gazette are sourced by suppliers from sustainable, managed forests. Visit: www.pefc.org The Law Society Gazette is a full participating member of the Press Council of Ireland and supports the Office of the Press Ombudsman. This scheme, in addition to defending the free- dom of the press, offers readers a quick, fair and free method of dealing with complaints that they may have in relation to articles that appear on our pages. To contact the Office of the Press Ombudsman go to: www.pressom- budsman.ie or www.presscouncil.ie. 40 42 Law Society Gazette www.gazette.ie July 2012 CONTENTS 3 28 24 COVER STORY 20 Let the games begin London’s litigators are lying in the long grass, ready to pounce on any unsuspecting marketing quarry that happens to flout the law applying to advertising and marketing at the 2012 Olympic Games. Larry Fenelon goes for gold 32 FEATURES 24 Change of direction? 32 Get off my cloud In the second part of the Gazette’s It’s all about ‘cloud computing’ these days, exclusive interview, DPP Claire Loftus but solicitors using online storage providers speaks to Mark McDermott about what need to take reasonable care to protect she hopes to achieve confidential information. Réamonn Smith rocks the firewall 28 The elephant in the room Just like elephants, the internet never 36 Children of the revolution forgets, and someone’s online postings E-discovery has proven to be an expeditious can impact upon their life in the real method of reviewing documents during world. What is said online may have the litigation process. Richard Greene and a substantial effect on an individual’s Dan Fox look at its development since the reputation. Denis Kelleher logs on introduction of new rules in 2009 36 HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. Get more at lawsociety.ie Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] Gazette readers can access back issues of the magazine as far back as Jan/Feb 1997, right up PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette to the current issue at lawsociety.ie. Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. You can also check out: All cheques should be made payable to: Law Society of Ireland. • Current news • Forthcoming events, including
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