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A Pungent Pdoblem Fod Pdactitioneds? L AW SOCIETY GAZETTE AW BUILDING BOOM PIP PIP, OLD BOY TOP OF HER GAME Homeowners will now be The personal insolvency The Gazette speaks with subject to the construction law aims to help both Myra Garrett, William health-and-safety scheme debtors and creditors Fry’s managing partner • Vol 107 No 4 • Vol LAW SOCIETY LAW GAZETTEGAZETTE€4.00 May 2013 MAY 2013 A PUNGENT PROBLEM Law Society of Ireland FOR PRACTITIONERS? How the Revenue always gets its cut IN ASSOCIATION WITH Practice Management Masterclass TUESDAY 11Th JUNE, DUBLIN One-day practice management workshop for legal professionals* PRESENTED BY Andrew Otterburn, Otterburn Legal Consulting and Caroline Murphy, Legalwise CPD: 2.5/5hrs Management & Professional Development Skills COST: €195 per session, €350 full day VENUE: Residence Club, St. Stephens Green, Dublin 2 Morning 10.00 – 12.30 Afternoon 14.00 – 16.30 Registration 09.30 Registration 13.30 *Places strictly limited to 15 workshop participants, aimed at partners, prospective partners and practice managers MASTERCLASS CONTENT MORNING: AFTERNOON: MANAGEMENT, PLANNING & CLIENTS ECONOMICS, LEADERShIP & ChANGE Management & Success Financial Awareness • Admin, management and leadership • Key profitability drivers • Characteristics of successful firms • Improving team profitability • A professional business culture • Financial reporting & KPIs Strategic Planning Leadership & Motivation • Target market position • Different styles of leadership • Values and staff engagement • People management and motivation • Sector focus and differentiation • Roles of partners & professional managers Clients Achieving Change • Client expectations • Influencing senior people • Achieving uniform service standards • Overcoming resistance to change • Pricing strategies • Making time to manage Otterburn Legal Consulting is a specialist law firm management consultancy that advises firms in the UK and Ireland on how to develop and strengthen their management, formulate future strategy and improve long-term profitability. We have advised over 300 firms, together with Government and professional bodies. Legalwise is a Dublin based niche management consultancy dedicated to improving performance and quality in legal services. It specialises in advising corporate buyers of legal services around legal supplier strategy, management and remuneration in both the public and private sector, with particular expertise in the insurance industry. Both Andrew and Caroline are Accredited Consultants for Lexcel, the international Practice Management Standard for Solicitors. Andrew is also a founder member and Caroline an Associate Member of the Law Consultancy Network. To reserve a place: mail [email protected], or [email protected] or download an application form from www.otterburn.co.uk or www.legalwise.ie Law Society Gazette www.gazette.ie May 2013 PRESIDENT’S MESSAGE 1 CONSTRUCTIVE ENGAGEMENT WINS n a month in which a dangerous and damaging public Future of the Law Society row broke out between the judicial and executive I very much want to point you Ibranches of government – hopefully now on the way to towards the excellent report of resolution in the type of private forum that it should never the Future of the Law Society have left – I am happy to point to an example of speedy Task Force. Sterling work and successful dispute resolution. It is also an illustration was undertaken by the task of how the Society effectively represents the profession, force, which was well steered “The Society’s in a way that we already do constantly – and which we by its chairman, John P Shaw. hope to be able to do even more of in the future, with the A survey was undertaken, concerns at this implementation of the recommendations of the Future of together with a lengthy unprecedented, the Law Society Task Force. and detailed consultation The issue I am referring to was this. In recent weeks, process with solicitors around objectionable colleagues reported to the Society that AIB Bank was the country, as well as bar and unnecessary proposing to require solicitors to sign ‘non-disclosure associations. The task force agreements’ – in addition to those sought from the also liaised with the Law proposal in relation solicitors’ clients – in advance of negotiations under the Society of England and Wales, to solicitors were Personal Insolvency Act relating to the clients’ debts. The the Law Society of Northern Society’s Business Law Committee and the Council, at its Ireland and the Law Society of speedily considered meeting on 5 April, viewed this as unprecedented, legally Scotland. The report has now and addressed unnecessary, and objectionable in principle. been circulated by e-bulletin On foot of this, I sought a meeting with senior figures to all solicitors and I would satisfactorily by of the legal department of AIB, and I was gratified to encourage you to read it. AIB” be granted one very quickly. I was accompanied at the meeting in Bankcentre by the chairman of the Business Unheralded work Law Committee, Paul Keane, and by director general It is a sad fact of our lives that much of the good work carried Ken Murphy. The Society’s arguments, both of law and out by solicitors goes unremarked or unreported. I said last principle, were listened to with open minds and, having month that the Calcutta Run was worthy of support. Given been thoroughly tested, I am pleased to say they prevailed. the huge benefits that accrue to the Peter McVerry Trust and AIB agreed to drop the heavy-handed requirement for to GOAL, it is perhaps surprising that the event has not been non-disclosure agreements to be signed by solicitors the subject of greater media support. You may not know, for in such cases, in return for the Society bringing to the example, that by the time the Calcutta Run has finished this attention of the profession in this Gazette the obligations of year, it is hoped that the total sum contributed over the lifetime confidentiality that solicitors have in such cases anyway. of the event will be close to €3 million. It is, in the view of the Law Society, perfectly reasonable I am also aware that law firms throughout the country for the bank to remind every practitioner of the need to involve themselves in pro bono work and charitable work keep confidential all matters discussed in such discreet that largely go unheralded. Indeed, our biggest and leading negotiations. I want to thank our colleague Paul Keane law firms show the way, and the smaller firms contribute for his and his committee’s hard work in immediately handsomely as well. Again, these initiatives are commendable, addressing the issues. His most helpful article on the topic but they usually go unnoticed and unreported. appears on page 9 of this Gazette, and I commend it to you. It is the duty of all of us to promote our profession and I want to place on record my appreciation for the very ourselves in the right way through our words and our deeds. constructive and professional approach taken by the AIB We should not apologise for being leaders in our local legal department in engaging with the Society to produce a communities, if that is the case. Neither should we apologise speedy and satisfactory resolution to this issue. for a job well done and for insisting on a fair reward for that. G James McCourt President 2 CONTENTS Law Society Gazette www.gazette.ie May 2013 Law Society Gazette Volume 107, number 4 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 51 Briefing For professional notice rates (wills, title deeds, 51 Council report: 22 February and employment, miscellaneous), see page 62. 12 Analysis 5 April 2013 Published at Blackhall Place, Dublin 7, 12 News feature: Carol Coulter 52 Practice notes tel: 01 672 4828, fax: 01 672 4877. describes the Child Care Law 55 Regulation: Solicitors Disciplinary Email: [email protected] Reporting Project Tribunal Website: www.gazette.ie 14 News feature: New construction 56 Legislation update: Printing: Turner’s Printing Company Ltd, regulations are set to impose a greater 12 March – 8 April 2013 Longford financial burden on homeowners 57 One to watch: National Vetting Bureau 16 Human rights watch: Making (Children and Vulnerable Persons) Act 2012 Editorial board: Michael Kealey (chairman), fundamental rights more accessible 58 Brief cases Mark McDermott (secretary), Mairéad Cashman, 60 Eurlegal: the EU’s clean fuel strategy Paul Egan, Richard Hammond, Mary Keane, Aisling Kelly, Tracy Lyne, Patrick J McGonagle, 19 Comment for the future; recent developments in Ken Murphy, Andrew Sheridan 19 Letters European law 20 Viewpoint: Changes to the monetary The Law Society of Ireland can accept jurisdiction limits of the Circuit and 62 Professional notices no responsibility for the accuracy of District Courts in civil proceedings contributed articles or statements appearing in this magazine, and any views or opinions 64 Captain’s blawg expressed are not necessarily those of the 41 People and places Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress 45 Obituaries occasioned to any person acting or refraining Rosemary Fallon from acting as a result of the material in Judge Patrick Keenan Johnson this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing 47 Student spotlight decisions on any advertisement or editorial article submitted to this magazine, and to 48 Books refuse publication or to edit any editorial 48 Book reviews: An Introduction to Irish material as seems appropriate to him. Planning Law (2nd edition) and Professional legal advice should always be Intellectual Property Law sought in relation to any specific matter. 49 Reading room 64 FSC independently certified wood and paper products used by the Law Society Gazette come from ecologically managed forests.
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