Contents GazetteLawSociety Regulars Cover story Lords and masters News 2 10 One aspect of Irish court procedure that non-lawyers find surprising is the mode of address used towards judges in the superior courts. Letters 8 Brian Conroy tugs his forelock and makes the case for reform Tech trends 28 Book reviews 31 There’s something about Mary When someone as volatile as Michael McDowell Briefing 33 16 describes you as ‘fiery’, you’ve got to be doing Practice notes 33 something right. Straight-talking deputy Legislation director general Mary Keane tells Conal update 35 O’Boyle about her career and the challenges facing the profession FirstLaw update 37 Eurlegal 41 People and Contract law: an places 46 20 opportunity for reform Irish contract law is a mess, and EU Professional intervention in the area is not much better. information 49 Now the EU has decided to embark on a process Recruitment of reform, and the scope and ambition of what it contemplates is advertising 55 breathtaking. Paul Keane reports COVER PIC: www.edeandravenscroft.co.uk Scotch on the rocks 24 Like its counterparts in this country, the Scottish legal profession is coming under scrutiny from consumer and competition bodies. Paul Rogerson brings us up to speed on what’s been going on Editor: Conal O’Boyle MA. Deputy editor: Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, lost land title deeds, employment, miscellaneous), see page 49. Advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9, tel: 837 5018, fax: 884 4626, mobile: 086 811 7116, e-mail: [email protected]. Printing: Turners Printing Company Ltd, Longford. Editorial board: Keith Walsh (chairman), Conal O’Boyle (secretary), William Aylmer, Tom Courtney, Stuart Gilhooly, Eamonn Hall, Pat Igoe, Philip Joyce, Mary Keane, Ken Murphy, Michael V O’Mahony, Alma Sheehan The Law Society of Ireland can accept no responsibility for the accuracy of contributed articles or statements appearing in this magazine, and any views or opinions expressed are not necessarily those of the Law Society’s Council, save where otherwise indicated. No responsibility for loss or distress occasioned to any person acting or refraining from acting as a result of the material in this publication can be accepted by the authors, contributors, editor or publishers. The editor reserves the right to make publishing decisions on any advertisement or editorial article submitted to this magazine, and to refuse publication or to edit any editorial material as seems appropriate to him. Professional legal advice should always be sought in relation to any specific matter. Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4877. Volume 99, number 6 E-mail: [email protected] Law Society website: www.lawsociety.ie Subscriptions: €57.15 1 Law Society Gazette July 2005 News NATIONWIDE News from around the country DUBLIN The numbers get higher and higher There are now almost 3,000 solicitors in the Dublin Solicitors’ Bar Association, which is a record number, according to its president Orla Coyne. The DSBA says that its membership is currently 2,800 and believes that this recognition that the association is well regarded and plays a useful role for solicitors. In an unprecedented move, the Legal Aid Board has arranged for all of Leave a Tip its solicitors to be members of Director general Ken Murphy and president Owen Binchy pictured at the recent AGM of the Tipperary the DSBA. Solicitors’ Bar Association in Thurles Residential Tenancies Act action, because of the appalling progress on facilities here in such CPD on-line The Residential Tenancies Act conditions that we had to work matters as seating arrangements, The DSBA continues with its could have the unintended in at Mohill’, noted Gabriel basic comforts in court and court plans for on-line continuing consequence of applying to long Toolan, secretary of the Leitrim security’, she said. It was professional development leases of the type used in Bar Association. The court had important that the Courts courses for members, at a venue apartments, according to the to function in an old bingo hall Service, which is now charged and time to suit the individual DSBA. This was confirmed by in Mohill. The library had now with the administration of court solicitor. The initiative is a senior counsel, and the drafting moved from the court building buildings, was aware of problems reaction to what president Orla error in the legislation has been in Ballinamore and they were at practitioner level around the Coyne has been hearing from brought to the attention of the talking to the Courts Service country. her meetings with firms and the parliamentary draughtsman’s about now improving the huge pressures on time that office. The Private Residential facilities in Ballinamore Hello there many solicitors working in Tenancies Board has given Courthouse. Local solicitors’ associations are offices have in trying to fulfil assurances that it would never be ‘Judge McBride has made a organising get-togethers for their CPD obligations. their intention that landlords good impression since coming to solicitors who, in earlier times, ‘The fact that users will be register apartment-type leases, Leitrim, and his pragmatic would have already known each able to pick and choose when, and solicitors can be assured that approach to issues before him is other socially. where and what they want to no consequences will flow from welcomed’, said Toolan. Judge ‘We had a “social day” on 18 participate in, and from the the non-registration. We are McBride replaced Judge David June for solicitors and their comfort and convenience of their advised that amending legislation Maughan, who has been assigned partners and children in New own office, is recognised by to close off what the government to Dublin. Ross, which was attended by many to be hugely attractive’, department regards as no more almost 100 people’, noted Helen says Coyne. It is planned to than a theoretical possibility will Doyle. The association felt that inaugurate this project in the WEXFORD be introduced as soon as it now had a role to play in autumn and full details will be Speak up possible. introducing solicitors to each announced shortly. The Courts Service is reaching other. ‘Because of the numbers out and trying to remedy the of solicitors and new Out and about LEITRIM shortcomings in facilities for practitioners and sheer time The DSBA recently met Enough is enough solicitors and other court users, pressure, we do not get to meet colleagues in the Tallaght area. In a dramatic statement about according to the president of each other as we should’, she ‘We were grateful for the facilities, District Court Judge the Wexford Solicitors’ added. The barbecue talk was attendance of the president of Sean McBride, newly-appointed Association Helen Doyle. The over sausages and wine, a the Law Society, Owen Binchy, to Co Leitrim, has refused to sit over-burdened Circuit Court winning combination in and the director general, Ken in Mohill Courthouse and has has now been given extra anyone’s book. G Murphy, who briefed colleagues transferred the lists to sittings, which are reducing the in relation to current issues Ballinamore Courthouse. congestion. affecting the profession’, ‘People would usually protest ‘We had a recent meeting in Nationwide is compiled by Pat according to association at having to travel. But there has Enniscorthy with Courts Service Igoe, principal of the Dublin law secretary Kevin O’Higgins. been widespread support for the representatives, and we made firm Patrick Igoe & Co. 2 Law Society Gazette July 2005 News Society slams equity release schemes he Law Society has hit out the executors to those wills. The society is so concerned Tat equity release schemes ‘Apart from the basic that it has refused to allow targeted at the elderly and has principle that an executor has certificates of title to be used singled out the Bank of Ireland no legal status until the in connection with the Life (BoI) for criticism. The society testator’s death, this loan product. Dorgan added is particularly annoyed at the requirement involves the that the society had been BoI’s Life loan equity release borrower in a waiver of lobbying the Bank of Ireland scheme. confidentiality that seems quite to change the scheme’s According to Pat Dorgan, unnecessary’, says Dorgan. He conditions for two years but chair of the society’s added that the bank’s with little success. Conveyancing Committee: requirement that named ‘We have fundamental concerns executors must agree to co- about all these products, but we operate with the bank after the have particular difficulties with testator’s death was Teaching the Bank of Ireland one’. The Equity release schemes targeted ‘draconian’. opportunities BoI scheme allows its at the elderly ‘The Conveyancing customers to borrow a lump Committee is aware of a in the Law sum based on the value of their than similar equity release number of cases where elderly property. The loan is paid after schemes in Britain. It has taken people’s twilight years were School the borrower dies or moves out particular exception to the blighted by arguments between he Law Society plans to of the house. requirement that borrowers members of their family who Trun two separate The Law Society believes make a will and appoint had become aware of the professional practice courses that the bank is imposing more executors. It is also worried provisions of a will’, said in 2005, writes TP Kennedy. rigorous conditions on lenders about the requirement to name Dorgan. The first of these will begin on 26 September and run between 9.30am and 4pm.