LAW SOCIETY GazetteGazette€3.75 November 2009 TIMETIME TUNNEL:TUNNEL: 11 TheThe rightsrights andand risksrisks ofof cuttingcutting workers’workers’ hourshours 9 771393 695012 INSIDE: PII CHANGES • MANAGING CASH FLOW • THE VALUE OF PR • THIRD-PARTY LITIGATION • LETTERS AON SOL_IRISHLAW.QXD:Layout 1 28/10/09 17:02 Page 1 Exclusive. ...without a PI quote from Aon you’re missing something. An exclusive deal that you will not find anywhere else. For your quotation, please contact us on +353 (0)1 266 6400 or [email protected] Aon – the name you can trust. www.solicitors.aon.ie MacDonagh Boland Crotty MacRedmond Ltd. t/a Aon MacDonagh Boland is regulated by the Financial Regulator. president’s MESSAGE LAW SOCIETY GAZETTE NOVEMBER 2009 A year of upheaval s I write this, I have only a few days left to go until the end of my term and, as you might expect, I have mixed emotions. It has been a great honour to Abe your president but, equally, I will not pretend that it has been an easy ride. In the Society’s annual report, I have expressed some personal views on the challenges facing the profession going forward, but, in the past year, it has been the upheaval in the professional indemnity insurance market that has commanded our undivided attention in Blackhall Place. I have written to you separately to inform you of the changes during the year we got to meet, talk and listen to colleagues to the regulations that we have made at the behest of the in Cavan, Clare, Donegal, Dublin, Galway, Kildare, Leitrim, insurers. There is no easy solution and our best path lies in Louth (and Drogheda), Meath, the Midland Bar, Sligo, sticking together and working through the problem. It is all Waterford, Wexford and Wicklow. By the time you read this, the more difficult, as some factors are beyond our control and we will also have been in West Cork and Cork at the SLA the Council has had to make some big decisions AGM. We have been treated with great courtesy to try and ensure that cover is available and and hospitality, and it is great to see so many affordable to as many as possible. “We are vibrant bar associations. Obtaining stability well used to ‘Meet your colleagues day’ Unless there is a dramatic decrease in claims, employing our Don’t forget that Thursday 12 November, we are facing similar problems next year and has been designated as ‘Meet your colleagues we may have to make further substantial problem-solving day’. Everybody is in the same boat, and your changes in order to obtain some stability. skills for our colleagues can be a great source of support and However, we are well used to employing our assistance to you. problem-solving skills for our clients – now clients – now Nothing endures but change – do not we have to be just as creative for ourselves. we have to be underestimate your ability to adapt and change. In this regard it has been a great comfort Remember the theory of evolution – the to me that the individual members of the just as creative survival of the fittest does not necessarily favour Council have engaged so positively. I take for ourselves” the strongest or the biggest, but the one who the opportunity to thank them, one and all, can adapt to the changing environment. especially the members of the Professional Finally, I also take this opportunity to wish Indemnity Insurance Task Force, led by my successor, Gerard Doherty, all the best as he Niall Farrell. I am also greatly encouraged by the takes over the role as president. It has been a privilege to have constructive attitude of colleagues all across the country served you and I am very grateful to you all. who understand that unprecedented times require Thank you. unprecedented measures. Both the director general, Ken Murphy, and I have been John D Shaw made very welcome at every bar association we attended – and President www.lawsocietygazette.ie 1 LAW SOCIETY GAZETTE NOVEMBER 2009 CONTENTS On the cover LAW SOCIETY Reduced hours and lay-offs are part and parcel of many businesses’ attempts to save costs in a recession. But both employers and employees need to be aware of their respective Gazette obligations and rights November 2009 PIC: GETTY IMAGES Volume 103, number 9 Subscriptions: €57 REGULARS 1 President’s message 4 News Analysis 10 10 News feature: new PII guidelines 12 News feature: biggest-ever gathering of law society CEOs 14 News feature: Career Support, six months on Comment 6 17 17 Letters 44 People and places 46 Student spotlight Book reviews 47 Law and Practice: Essays on Reform, Corporate Governance and Regulation and Trade Marks Law Briefing 50 50 Council report – 25 September 2009 51 Practice notes 12 52 Solicitors Disciplinary Tribunal 53 Legislation update: 12 September – 12 October 2009 54 Firstlaw update 57 Eurlegal: anticompetitive information exchanges 61 Professional notices Editor: Mark McDermott. Deputy editor: Dr Garrett O’Boyle. Designer: Nuala Redmond. Editorial secretaries: Catherine Kearney, Valerie Farrell. For professional notice rates (lost land certificates, wills, title deeds, employment, miscellaneous), see page 61. Commercial advertising: Seán Ó hOisín, 10 Arran Road, Dublin 9; tel: 01 837 5018, fax: 01 884 4626, mobile: 086 811 7116, email: [email protected]. Printing: Turner’s Printing Company Ltd, Longford. Editorial board: Stuart Gilhooly (chairman), Mark McDermott (secretary), Paul Egan, Richard Hammond, Simon Hannigan, Michael Kealey, Mary Keane, 44 Aisling Kelly, Patrick J McGonagle, Ken Murphy. 2 www.lawsocietygazette.ie CONTENTS LAW SOCIETY GAZETTE NOVEMBER 2009 Get more at lawsociety.ie PROFESSIONAL NOTICES: send small advert details, with payment, to: Gazette Office, Blackhall Place, Dublin 7, tel: 01 672 4828, or email: [email protected]. Gazette readers can access back issues of the ALL CHEQUES SHOULD BE MADE PAYABLE TO: LAW SOCIETY OF IRELAND. magazine as far back as Jan/Feb 1997, right up COMMERCIAL ADVERTISING: contact Seán Ó hOisín, 10 Arran Road, Dublin 9, to the current issue at lawsociety.ie. tel: 01 837 5018, fax: 884 4626, mobile: 086 811 7116, email: [email protected] You can also check out: • Current news HAVE YOU MOVED? Members of the profession should send change-of-address • Forthcoming events, including details of FLAC’s details to: IT Section, Blackhall Place, Dublin 7, or to: [email protected] third annual Dave Ellis Memorial Lecture on HOW TO REACH US: Law Society Gazette, Blackhall Place, Dublin 7. Tuesday 1 December at 6pm at Blackhall Place Tel: 01 672 4828, fax: 01 672 4877, email: [email protected] • Employment opportunities • The latest CPD courses FSC independently-certified wood and paper products used by the Law Society Gazette come from ecologically-managed forests. Visit: www.fsc.org … as well as lots of other useful information 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 FEATURES Nine to five? 18 In straitened times, employers may consider cutting their workers’ hours – but it’s essential that they examine their current obligations to their workforce. Sinead Morgan totes that bale Another slice of the PII 22 The Law Society has made further changes to the professional indemnity insurance regulations, in order to do what it can to encourage a viable stable market. John Elliot offers this article as a practical guide Cash is king 28 Given the current economic climate and regulatory requirements, all firms need to focus on taking control of the office and client ledgers. Make your funds work efficiently for you, say Yvonne McCormack and Damian McCarthy Artful dodgers 32 The Finance (No 2) Act 2008 introduces significant 32 changes to the civil penalty regime that applies to tax defaulters. How has the regime changed and how relevant are these changes to your legal practice? Gráinne Duggan explains Other people’s money 36 Third-party litigation funding allows someone unconnected with the litigant to provide funds to pursue a lawsuit. The practice is well established elsewhere, but not in Ireland. Aileen Murtagh gets out her cheque book The media is the message 40 Marketing your practice is vital, especially in a recession, say Emily Maher and Donal Cronin 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. Email: [email protected] Website: www.lawsocietygazette.ie 40 www.lawsocietygazette.ie 3 LAW SOCIETY GAZETTE NOVEMBER 2009 NEWS nationwide Send your news to: Law Society Gazette, Blackhall Place, Dublin 7, or email: [email protected] CORK positive meeting. Since then, President of the Southern Law the situation has been fluid, and Association (SLA) Mortimer a series of Law Society Council Kelleher reports on a very busy meetings have been held. The period since the beginning of best news emanating from the September. The SLA was the recent DSBA AGM was when, first bar association to hold by way of an aside, Laurence K a seminar in relation to the Shields indicated that the SMDF vexed question of professional would be rolling out its proposal indemnity insurance (PII).