Will the Citizen have access to the legal profession? Not if the Big Corporations have any say about it!

I qualified as a solicitor in 1980. I had no connections in law at all and if it wasn’t for the endeavours of my late father, I couldn’t have pursued my legal studies. He worked hard to provide me with an education and without him and the support of my mother, I’d never have succeeded.

For the previous couple of years or so before qualifying, I had been influenced by Inge Clissmann and Aedan McGovern, both barristers and now Senior Counsel. Inge had got me involved with FLAC, the Free Legal Advice Centres which was run by law students who represented in Court, members of the public who couldn’t afford access to justice. Inge introduced me to the Ballymun Centre located in the basement of Padraig Pearse Tower, long since demolished. There we mainly dealt with family law issues and quite simply, we were overrun with the work. Overrun and indeed overawed. It has left an indelible impression upon me to this day. With little or nothing, the parents we dealt with, raised their families in the most trying of circumstances. At the end of the night, after seeing all those needing help, Inge would insist we retired to the Towers Pub to have a drink, one drink, so as to encourage those we had met to see that we were no different from them and could empathise with them. She was all too aware that lawyers were thought of as elitist and she was doing her part in showing everyone that we were not. She also was teaching us students about our social responsibilities and would not tolerate any bullshit from us. She encouraged talk and discussion and left her mark on us. I subsequently took over as Director of FLAC in Ballymun some time later. They were hard times but certainly gave us law students a social conscience which remains with us to this day. All this happened before our Government were forced to bring in Civil Legal Aid. During my career I have had the pleasure to act for those who ‘couldn’t afford a lawyer’. Pro bono work as it is now referred to.

 

The other influence on my career was my late father. While he was one of the ‘bosses’ in British Railways he was a solid Trade Unionist. He was also a devoted Roman Catholic with a great social conscience. He worked hard to look after us but instilled in me an outlook where people came first. It’s probably because of his example, that at an early stage after qualifying,  I made a decision to not act for Banks or Insurance Companies because I could not identify with the Profit at the expense of People dictate. I found many of their dealings with people to be disgusting and abhorrent. To this day my attitude has not changed.

 

I was lucky enough to be practising when the Competition Authority actions enabled solicitors to advertise. I took out a full-page in Golden Pages, advertising my Personal Injury Law Firm as well as having regular adverts air on RTE Radio. My firm expanded and I must say, I was delighted with the pro-people stance we took. We were a plaintiff firm, never acting for the defendant Insurance Companies. We were attacking the anti-people establishment and winning. Many other firms followed suit and people were being represented on a no-win no-fee basis. What other way could people access the law? This continued, or should I say was allowed to continue for only a moment in time. The Law Society among other interested groups were unhappy and pressurised the Government into making changes. Subsequently PIAB was formed to be a ‘lawyer free zone’ and were mandated with looking after all the injury cases from now on. Thankfully after come Court cases it is no longer a ‘lawyer-free’ zone but the setting up of The ‘Injuries Board’ has depleted the work carried out by High Street Solicitors, whose clients were people, not corporations. At the same time, the Law Society tightened up their advertising regulations and I was personally instructed to not call Early & Baldwin a Personal Injury Law Firm as this was ‘encouraging’ claims. And we are to this day prohibited from advertising that personal injury law is what we do. All this was done by the State in the interests of injured people we were told. Do not believe a word of it. For once, the lawyers who acted for the working man and woman were bringing their cases to Court and accessing ‘Justice’ for them. The Insurance lobby is very powerful, not unlike the Banks. They have great influence over Government, unlike the citizen who has little or no influence.

 

Currently there is outrage regarding the amounts the Insurance Industry are charging for renewal of motor policies. Us lawyers are of course being blamed by the Industry but many commentators are challenging this assertion. Remember that cases were heard before Juries until Government was lobbied by the Insurers who said that people could not be trusted. Then we had cases heard by Judges alone. This continued until the Insurance Industry said that Judges were awarding too much. Judges were halted and the Injuries Board was put in place to replace them. Now it’s only possible for your case to be heard before a Judge, if you’ve rejected the award made by the Injuries Board. All this change has been lobbied for and achieved by the Insurance Industry for their own benefit, not for the citizen. In fact the changes in the law were designed to deny the citizen access to the law by taking the high street solicitor out of the equation. Meanwhile the Big Law Firms still represent the Insurance Industry is all their guises. All this ‘reform’ of the law should be taken with a grain of salt. What had been achieved by young enthusiastic lawyers in getting access to the law for the ordinary man and woman, has now in effect been severely curtailed. This is quite alarming, but maybe not surprising. With the Corporation Tax obscenities and the control of Government by the Bankers, this is the logical conclusion. In future, they would hope, that access to the law was not for the ordinary citizen but solely the preserve of Big Law for their corporate clientelle.

 

LegalEagleStar Friday , 23rd. September, 2016

 

 

 

 

My Money is safe in the Bank. Of course, sure it’s as safe as houses ! Eh, sorry ?

Banking District (Photo credit: bsterling)

I have been asked to comment on the relationship between Customer and Banker. This arose from several conversations on Twitter where I have been criticised for attacking the morality, or lack thereof, of the Banks and their use of customers monies. I have been asked to point out the crimes which the Bankers have committed. I have struggled with this issue. I am not a Criminal Lawyer, my expertise being in Personal Injuries, Divorce and Real Estate Law. I personally believe that our Government, among others have subjugated the rights of the Citizen to those of the wealthy Elites and their Bankers. In paying off  Bondholders, believed to be other Bankers and their kin, the Irish Government have decimated our economy resulting is terrible austerity imposed upon our  Citizens. There is something wrong here. People are being ripped off, no other way to put it, by Bankers, now referred to as Banksters, because that is what they are, gangsters who have used the money deposited with them in whatever  manner they so wish. They gamble with your money. Now, the Citizen is continually bailing out these same Banks. Our Government has chosen to stand firmly on the side of these banksters against the interests of the Citizen.

OK, so what is the legal position in all this. Sure isn’t our own money safe in the Bank ? Well, not really. Because once you hand your hard-earned money across the counter to the Bank, it is their money, not yours. The relationship is best described in a case brought before the English House of Lords (their highest Appeals Court) in the case of  Foley v Hill. The Appellant in 1829 opened a bank account with the respondents, who were  bankers.  Further deposits were added  in
1830 and in 1831 interest was still added. In 1838 the Appellant brought proceedings against the Respondent Bankers seeking recovery of both the principle and interest.

In his Judgment the Lord Chancellor Cottenham said…

” Money, when paid into a bank, ceases altogether to be the money of the principal; it is by then the money of the banker, who is bound to return an equivalent by paying a similar sum to that deposited with him when he is asked for it. The money paid into a banker’s is money known by the principal to be placed there for the purpose of being under the control of the banker; it is then the banker’s money; he is known to deal with it as his own; he makes what profit of it he can, which profit he retains to himself, paying back only the principal, according to the custom of bankers in some places, or the principal and a small rate of interest, according to the custom of bankers in other places. The money placed in custody of a banker is, to all intents and purposes, the money of the banker, to do with it as he pleases; he is guilty of no breach of trust in employing it; he is not answerable to the principal if he puts it into jeopardy, if he engages in a hazardous speculation; he is not bound to keep it or deal with it as the property of his principal; but he is, of course, answerable for the amount, because he has contracted, having received that money, to repay to the principal, when demanded, a sum equivalent to that paid into his hands.

That has been the subject of discussion in various cases, and that has been established to be the relative situation of banker and customer. That being established to be the relative situations of banker and customer, the banker is not an agent or factor, but he is a debtor. ”

So legally, when you deposit your money in a Bank, the Bank becomes the legal owner of your money and you become a Creditor of the Bank. In the event of the Bank becoming insolvent you take your place at the end of the queue after Secured Creditors. Should any monies be left after such payments have been made you will most likely receive maybe a cent in the Euro…if you’re lucky.

Surely the Government will secure my money for me? What about the Bank Guarantee? Well, in Ireland the State at present, will guarantee your money up to the tune of Euro 100,000. No doubt they can change this on a whim. As can be seen from the attempted confiscation of money from people’s accounts in Cyprus recently, any funds over 100,000 could be lost. Don’t be fooled by the amount of the guarantee. In many cases Citizens have received compensation for their injuries and have deposited the money in Banks to look after their disability for the many years to come. Some old people have saved up their whole lives so they would not be a burden on their families. People sell their homes and place the funds in a Bank while searching for somewhere else. In business, transactions take place where funds are obtained to secure a deal, purchase items etc. At any time those funds are not regarded as yours by the Bank but are being used by the Bank as they please. As we’ve seen so many times, The Banks are treated as too Big to Fail and as a result our National Sovereignty has been lost and it seems we are eternally indebted to them. Of course when Debt Forgiveness is mentioned for the Citizen this is dismissed out of hand. Divide and Conquer is deployed as a tactic. Sure I paid off my debt so why can’t he? Please, wake up before we’re all securely lodged in a debtors prison with no means of escape.

LegaleagleStar , Tuesday , 4th. June , 2013

Foley v Hill and Others , 1848 ,  Clerk’s Reports, House of Lords 1847-66 Pages 28 and Pages 36-37.

The IMF, The Legal Profession and Austerity for The Citizen

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Friday  was the Last  Day of  Term.  Us lawyers breath a collective sigh of relief at this stage, as the months of June and July are usually hectic. Trying to settle cases before the Long Vacation is tough, exhausting work. The Courts now are officially closed until October. While litigation lawyers usually take their vacations in August and September, it is also a very busy period in the office while you try to play catch-up with work and prepare your cases which should be coming on for hearing next term.

After the invariable merriment following last Friday, my mind switched to thinking about, not only next term, but indeed the future of our profession in general. While there has been much talk about the demands of the IMF as regards bringing in their dictatorial sweeping changes to the profession, there’s also been a lot of time spent in the promotion of many ‘Law without a Lawyer’ schemes. Take the much heralded Mediation for example. The Mediator gets an upfront payment and the process is not binding. Well, our clients don’t pay up-front, as most could not afford to do so on the average industrial wage. It is difficult enough to survive with a family in this day and age never mind putting us in funds in advance for our work. Don’t lawyers already mediate? Don’t we settle cases whenever possible? Of course, the Elite have no such problems. But they do live on a different planet from the rest of us mere mortals and have their own unique set of lawyers to act for them.

The Legal Profession not only needs reform but it needs investment in its pursuit of Justice for All. I have no time for the ‘Law without a Lawyer’ Brigade both from within our profession and outside of it. We must as lawyers, use our expertise for the betterment of the Citizen and not allow our clients be charged for a service which is second-rate and run by Insurance Companies, Developers, Bankers etc. who have their own vested interests to protect. In the United States it is common place for property buyers to deal with their Realtors directly and let them handle all conveyancing matters regardless of whether any conflict of interest occurs. They then satisfy themselves with the purchase of  Title Insurance – from their friendly Insurance Company –  which they will rely on should disputes arise at a later stage. This is not the way forward if the purpose is to keep the best interests of the client foremost. It will enrich those who act for the Developers and their Insurance cousins. In England you have licensed conveyancers. They are no substitute for a properly qualified and experienced lawyer. You must insist on a professionally qualified lawyer to act for you, you alone, and have no conflict of interests. Your lawyers must read the title and take all steps necessary to ensure that the title properly vests in you and you alone.  Remember it’s not just the bricks and mortar that you are buying. It is in essence the title to the property that you are spending your hard-earned cash on.

We see the Courts being circumvented in regard to the victims of Institutional abuse. Redress Boards being introduced to look after the victims. It is unfair to the victims that they cannot have their cases processed through our Courts to provide them with the necessary compensation that is rightly theirs. Beware of Government interference in the rights of the Citizen. It is my view, that the interests of the Citizen are being compromised, not those of the offenders. In personal injury cases, Juries were abolished following successful lobbying by the Insurance Industry. So, the Citizen was removed from the process as the Insurance Industry asserted that they could not be trusted to sit on Juries. Sure what would they know about injuries and compensation ! It should be noted that awards increased thereafter. Not satisfied with this outcome our Government, again at the behest of the Insurance Industry, abolished the right of the Citizen to bring his/her case before the Court without first having to submit same to PIAB, or should I say, The Injuries Board. Look at what a simple Google search brings up regarding their sterling service…..

”You can avoid solicitor fees by applying directly to the Injuries Board. Our dedicated team are available 8am-8pm Monday to Friday to help you. …”

…Well, how professional is that ? Are they qualified lawyers with years of experience running cases day in, day out, before the Courts ? No, and going by their propaganda it’s quite clear they want to avoid solicitors i.e. the experts, at all costs. So do you want their ‘dedicated team’ or do you want an expert to look after your case? You MUST bring your application before them and unless you do so you will be denied your constitutional right to bring your case before our Courts of Justice. Nice one Ms Harney. You cynically undermined the rights of the Citizen, which I’m told you’re very proud of. Isn’t it really nothing more than a cynical attempt by ex-Minister Mary Harney to undermine solicitors and their clients. It was not the interests of the Citizen that was foremost in Minister Mary Haney’s mind, but to create a ‘Lawyer Free Zone’ which would see her Insurance Company friends decide on what the Citizen was awarded. The continuous compliance with the wishes of the Insurance Industry, at the expense of the Citizen, is nothing short of a disgrace. It is no wonder that now, the same Citizen has been forced by ‘Our’ Government into embracing austerity in order to bail out the Developers and the Banks who enjoyed such a close and cosy relationship with our Government Ministers.

Be under no illusion. Reform of the Legal Profession as proposed by the IMF (Bankers) will be used to further expose the Irish Citizens to more ‘Law without a Lawyer’ schemes. It is the legal profession who stand up for the rights of the Citizen not any Bank, Insurance or other such vested interest Groups. It is the right of every Citizen to have access to our Courts to pursue their rights. Are we to deny you, the Citizen such rights? Are the Courts the sole preserve of the Rich and the Elite in our Society? We need investment in our Courts and the way we do business. The Courts are there to protect us from those who hurt, abuse, neglect and victimize us. Those who try to deny the Citizen the protection of the Courts are being nothing short of immoral.

It will be interesting to see how Minister Shatter, himself a solicitor, with his own high-end Firm, and with an acknowledged dislike of the Bar ( The Barristers ) handles the IMF Brief on reform of the Legal Profession. I’d say some interesting times lie ahead.

LegalEagleStar , Wednesday , 3rd. August , 2011