In her shoes Constructive argument Gender fenders Kilrush-based solicitor Does the construction industry Diversity is important in ADR, and wheelchair-user Aisling need a voluntary costs-limitation but we are approaching gender Glynn talks to the Gazette scheme in arbitration? parity only at a glacial pace gaLAW SOCIETY ette€4.00 JULY 2021 07 EXAMINERSHIP REFORMATION: 9 771393 695029 ISSN 1393−6956 The proposed Summary Rescue Process gaLAW SOCIETY ette IMPORTANT NOTICE FOR ONLINE READERS In order to enhance your enjoyment of the online, interactive version of the Gazette, readers are strongly advised to download the magazine first to their computer or device. Prior to downloading the Gazette, make sure that you are using the most up-to-date versions of your favourite browser, for example, Internet Explorer, Safari, Firefox or Chrome. IMPORTANT NOTE ON PAGE VIEW If you are reading the downloaded PDF in two-page view, ensure that you uncheck the ‘Show cover in two page view’ option. This can be found in the ‘Page display’ option under the ‘View’ tab. You should be seeing this page right beside the cover in the correct two-page view. Managing everything at your law firm = overwhelming? See how Clio makes it easy. Clio—cloud-based case management made easier. Schedule your free demonstration at clio.com/ie/gazette or call our Irish team at +353 1 902 7571 gazette.ie Law Society Gazette July 2021 1 PRESIDENT’S MESSAGE TRUSTING INSTITUTIONS ransparency International rates from solicitors whose clients’ accounts exceed Ireland in 20th place out of 180 €1 million. It appears that banks believe that countries in its Corruption Per- solicitors are high-net-worth individuals when ceptions Index (2020) – a measure they hold someone else’s money in trust! of public-sector corruption globally. I attended with one brave solicitor, Michael Ireland’s score was 72 out of 100 – Collins from Portumna in Co Galway, who got down two points from the previous year. It is our a Circuit Court injunction on this issue and lowest mark since 2014. Britain came in at 11th place a refund from the Bank of Ireland. The Law Twith a mark of 77. New Zealand was ranked in first Society has issued directions to our members place, with 88 marks. in an effort to soften the impact of solicitors There is no reason why Ireland cannot occupy breaching the Solicitors Accounts Regulations, yet first place in international transparency with all solicitors must ensure that a debit appearing as little corruption as possible, and I believe on the client account due to these charges is that lawyers have a very important part to play balanced up immediately. in achieving that goal. We must insist that institutions are honest, and call on the power Anti-trust preliminary ruling of truth when encountering dishonesty – and The European Commission, in a recent particularly perjury. The public is expected to be ‘anti-trust’ preliminary ruling, has found that truthful, as emphasised by the proliferation of certain motor insurers restricted competition statutory declarations. in the Irish market by preventing proposed Many solicitors who have taken actions against newcomers from accessing their Insurance Link an arm of the State have had the experience of platform – a data-sharing system administered receiving affidavits that can be far from truthful. by Insurance Ireland. We know that the spin Hopefully the Criminal Justice (Perjury and Related Offences) Bill 2018 (when enacted) will ensure that we can, once more, begin to rely on affidavits, including those sworn on behalf of institutions, WE MUST CALL ON as being truthful. THE POWER OF TRUTH To the ends of the earth Lawyers are expected to be truthful – their WHEN ENCOUNTERING obligation to be honest “extending to the ends of the earth” (as stated by former President of the DISHONESTY High Court Mr Justice Peter Kelly) – so institutions themselves, and their staff, must be completely from these insurance companies is selective, honest. A properly functioning country must be and that they take advantage of their dominant free from corruption. position to disempower claimants and consumer The Garda Síochána (Powers) Bill, in its current alike when it suits them. form, would allow for easier arrests, and would Motions coming before Council of the make it illegal, for example, for a person to refuse to Law Society in July include a recognition and disclose their telephone passcode, without the need affirmation that the standard of proof in all for a search warrant. To gain acceptability by the regulatory matters is the criminal standard, public, our police force must be truthful at all levels. and that the burden of proof lies with the As you know, banks have introduced negative complainant. This will bring the Law Society interest charges for high-net-worth individuals. into line with all other prominent regulatory JAMES CAHILL, By September 2021, they will collect their charges bodies. PRESIDENT 2 CONTENTS??????? ?????? July 2021 Law Society Gazette gazette.ie PIC: ALAMY LAW SOCIETY GAZETTE LAW In her shoes Constructive argument Gender fenders Volume 115, Kilrush-based solicitor Does the construction industry Diversity is important in ADR, and wheelchair-user Aisling need a voluntary costs-limitation but we are approaching gender Glynn talks to the Gazette scheme in arbitration? parity only at a glacial pace number 6 • Vol 115 No 6 • Vol gaLAW SOCIETY ette€4.00 JULY 2021 July 2021 Subscriptions: €65 (€95 overseas) Blackhall Place, Dublin 7 07 Law Society of Ireland EXAMINERSHIP tel: 01 672 4828 REFORMATION: fax: 01 672 4801 9 771393 695029 ISSN 1393−6956 The proposed Summary Rescue Process email: [email protected] PROFESSIONAL NOTICES: see the ‘Rates’ panel in the professional notices section of this Gazette 28 COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9; mobile: 086 811 7116, tel: 01 837 5018, email: sean@ lawsociety.ie. 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You can obtain a copy of the Code, or contact the Council, at www.presscouncil.ie, tel: 01 648 9130, lo-call 1890 208 080, or email: [email protected] A MAGAZINE FOR A HEALTHIER PLANET CBP003337 CBP003337 Your Gazette uses carbon-balancedCBP003337 and FSC certified paper from sustainable, CBP003337 ecologically managed forests. Visit www.carbonbalancedpaper.com and www.fsg. org. The packaging is 100% compostable and the magazine is 100% recyclable so, if disposing of it, place it in your green bin. 54 gazette.ie Law Society Gazette July 2021 CONTENTS 3 FEATURES 22 Renaissance and reformation 34 Building power With so many good businesses shut, the cash-flow drain The new All-Ireland Arbitration Rules 2020 were designed to caused by COVID closures has focused attention on the take account of the UNCITRAL Model Law on Arbitration. effectiveness of examinership and its usefulness across However, the lack of a costs-limitation scheme is a missed business sectors. Barry Lyons hammers it out opportunity. Tom Wren uses the Force 28 Walk in my shadow 38 Scales of justice Disability is often the forgotten frontier when it comes We are no longer debating whether diversity is good for to diversity and inclusion, Aisling Glynn tells the the legal profession and for ADR. Susan Ahern and Alison Gazette’s Mary Hallissey. But at her solicitor’s desk, she Walker analyse the numbers of women arbitrators and feels independent, self-reliant, and free mediators that have been appointed in recent years 42 Pay it forward New York lawyer Domenic Cervoni talks to the Gazette about the challenges he faced when his wife Barbie was diagnosed in 2016 with a very rare cancer 6 38 50 REGULARS 4 The big picture 50 News in depth: The pandemic has effected large-scale Standout photo of the month digital transformation, this year’s In-House and Public Sector Committee panel discussion heard 6 54 News in depth: Celebrating 86 years of the Dublin