DECEMBER 1998 CONTENTS 16 Cover Story E-mail as evidence: will it stand up in court? REGULARS Advances in new technology mean that fewer and fewer documents are being produced on paper. Kieron Wood discusses the evidential problems associated with computerisation and asks: can you make it stand up in court? President’s message 3 20 Irish lawyers and the Gazette Reader Survey 4 Great War The First World War ravaged Europe for four years and every Viewpoint 5 section of society suffered its effects. The legal profession in Ireland was no exception. Daire Hogan looks at the contribution of Irish lawyers in Letters 8 the ‘war to end all wars’ News 11 22 Freedom of Information Act: News analysis who’s using it, and why? Expert witness Over 1,000 people have so far made requests under the Freedom of conference 15 Information Act, 1997 to gain access to official records. David Meehan searches for early trends in the figures Briefing 32 Committee reports 32 25 PII and the Legislation update 32 Millennium Practice notes 33 Timebomb Disciplinary Tribunal 34 The insurance industry may refuse professional indemnity cover to ILT digest 37 solicitors who haven’t taken adequate Eurlegal 40 steps to ensure that their systems are Y2K-compliant, as Cefyn James People and explains places 45 Book reviews 51 28 Face to face with the future Webwatch 53 Turn on, tune in and drop all that long-distance travelling associated with business meetings. Professional Video conferencing allows you to link up with information 54 colleagues or clients anywhere in the world, whenever you need a one-to-one. Grainne Rothery reports COVER PIC: ROSLYN BYRNE Editor: Conal O’Boyle MA The Law Society of Ireland can accept no responsibility for the accuracy of contributed Reporter: Barry O’Halloran 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 other- Designer: Nuala Redmond wise indicated. No responsibility for loss or distress occasioned to any person acting Editorial Secretaries: or refraining from acting as a result of the material in this publication can be accept- Andrea MacDermott, Catherine Kearney ed by the authors, contributors, editor or publishers. Professional legal Advertising: Seán Ó hOisín, tel/fax: 837 5018, mobile: 086 8117116, advice should always be sought in relation to any specific matter. E-mail: [email protected]. 10 Arran Road, Dublin 9 Editorial Board: Dr Eamonn Hall (Chairman), Conal O’Boyle Printing: Turners Printing Company Ltd, Longford (Secretary), Mary Keane, Ken Murphy, Michael V O’Mahony Published at Blackhall Place, Dublin 7, tel: 01 672 4800, fax: 01 672 4801. E-mail: [email protected] Subscriptions: £45 Volume 92, number 10 DECEMBER 1998 LAW SOCIETY GAZETTE 1 Rochford Brady Legal Services Ltd OWNERSHIP/TITLEINQUIRYSPECIALISTS TOWN AGENTSLAWSEARCHERSSUMMONSSERVERS COMPANYFORMATION AGENTS Emmett and Deirdre Brady and all the staff of Rochford Brady wish all of our clients a relaxing Christmas and a booming New Year Phone: 1850 529732 (20 lines) Fax: 1850 762436 (5 lines) ISO 9002 PRESIDENT’S MESSAGE Leadership with vision n this, my first message as President ii) Independence from clients, and PIC: ROSLYN BYRNE PIC: ROSLYN of the Law Society, I take the opportu- iii) Independence from other lawyers. nity of thanking my colleagues on the Council for electing me to the highest In order that we can carry out our duty to office in the solicitors’ profession and protect our clients and achieve justice, we Ialso of expressing my gratitude to all of you must be independent of all improper influ- who have supported me since I was first ences from third parties, including the pow- elected to the Council of the Society in ers of government. Our profession is self- November 1978. My thanks also to all of regulated and can therefore, boldly and my friends and acquaintances in the profes- without fear, when necessary in the public sion who have advised and counselled me interest, oppose the powers of government. through the years. I am humbled by the The solicitor’s independence from his client great honour that has been bestowed upon is often misunderstood by government. A me. lawyer does not act merely as a mouthpiece As we approach the new millennium, we for his client, but is charged with the pro- need to be more conscious of the rapid fessional responsibility of using his legal changes that are occurring daily in the way expertise and skill to act in his client’s prop- our lives are directed and lived. In 1974, er legal interests. A solicitor is bound by a when I was admitted to the roll of solicitors, there were fewer than 1,500 duty to work, to a certain extent, independently of his client to protect his members in the profession. In 1999, the numbers on the roll will increase client’s interest. to around 6,700. Some 7,000 will be on the roll by the year 2000. Confidentiality is the cornerstone of the relationship between a lawyer The increase in the number of lawyers in this country is not untypical and his client. This guarantee of confidentiality and privilege to a client of other jurisdictions in the developed world. As society becomes more is based on the fact that it is essential for the lawyer to be able to provide complex, a greater number of laws, rules and regulations are enacted. his client with the guarantees that are indispensable in order to gain his Can we in Ireland – and particularly in the Law Society – cope with confidence. Any attempt to breach professional confidentiality or inter- the changes that are occurring? The challenge facing all of us, and par- fere with the sacrosanct privilege will be resisted by the profession. Any ticularly for the Officers and Council of the Society, is to plan for the interference with these cornerstones of the relationship of the lawyer and inevitable changes. Leadership with vision and understanding, preceded his client are signs of a breakdown in democracy and the Law Society by consultation, is required. cannot, and will not, ignore key principles underlying the administration The Council of the Law Society is determined to see that the profes- of justice and the rule of law. sion is properly served, now and for the years to come. This cannot be done without properly structured planning and management with the Use of the facilities at Blackhall Place assistance of modern technological tools. Many solicitors do not make use of the facilities available at the Law It is awesome to think that 85% of all technology used today will be Society’s headquarters at Blackhall Place. I do hope that during the next obsolete and redundant within ten years. In the past, the Society has not 12 months every solicitor will put a visit to Blackhall Place on their ‘must sufficiently addressed its own technological requirements to ensure that do’ list. To encourage those of you who might be shy of visiting your own every member of the profession has access to the most modern and up- headquarters, I hope that whenever you receive an invitation to visit it, to-date facilities available. A significant leap forward will be taken by the whether social, educational or otherwise, you will accept it. Society this year. A web site will be launched within a few months, while The establishment of a modern education centre with all of the facili- a state-of-the-art communication system involving telephones, voice- ties necessary for teaching and learning will be advanced during the next mail, computers and e-mail will be fully operational. 12 months. The recommendations of the independent Education Policy Review Group were overwhelmingly endorsed by the solicitors’ profes- Long tradition of legal independence sion in a poll conducted last month. It is now the challenge of myself and Never before has there been such a need for a strong solicitors’ profes- the Council to ensure that what the profession voted for and approved of sion, bonded together with a sense of purpose, idealism and vision to is put in place. The control and direction of pre and post-admission edu- ensure its development. Despite the diverse nature of many of the firms cation for solicitors is a cornerstone of the Society, and it has been fought of solicitors in Ireland, we all share a common bond and objective as for at great cost and with very considerable effort over the past few years. independent lawyers serving the ever-changing needs of our increasingly I pledge to work diligently for the Society and the profession to sophisticated and highly-educated clients. In that togetherness, the pro- attempt to repay the great trust and honour bestowed upon me for the next fession will find strength. 12 months as President. We have a long constitutional, legal and noble tradition in this country Finally, may you all have a happy, peaceful and relaxed Christmas, which recognises the independence of lawyers. There are three aspects to with happiness and prosperity throughout 1999. this independence: i) Independence from third parties such as government and interest Patrick O’Connor groups President DECEMBER 1998 LAW SOCIETY GAZETTE 3 READER SURVEY Law Society Gazette Reader Survey 1998 It’s been two years since we relaunched the Law Society Gazette – now it’s your turn to tell us what you think! You can help us make the magazine even better by participating in this short reader survey. In return for your help, we’ll enter your name in our prize draw where you could win a weekend for two in London, including flights and accommodation at a top hotel.