Posts Tagged ‘Law Society’
Your access to Justice … as prescribed by a Group of Political Elites
In the 1980s a meeting of ‘Elite’ politicians took place with the Insurance Industry. ( I could name this Group but will refrain from so doing.) Many such meetings were already happening concerning the banks but this one was composed essentially of the same participants. At this meeting concerns were raised by the Insurance Industry people regarding the changing face of the legal profession. With pressure on the Government to allow lawyers advertise their firms, concern was expressed that if the American Model was followed that profits would take a severe hit and something had to be done to stop this from happening. The lawyers present, and in particular a leading Law Society member expressed the view that the profession would not be allowed go this route and he would make sure that anyone trying to do so would be severely dealt with. Matters were initially laid to rest but it was not long before the ‘new breed’ of lawyer emerged which challenged those ‘traditional’ types. ( I am not referring to those that didn’t advertise. Just a cynical reference to those that controlled the profession.) Then followed more meetings with the interest group and it was not long before they hatched their own plan to deal with the ‘new breed’.
Juries were removed from Personal Injury Cases in 1988. That of course wasn’t enough as it was decided that Judges could not be trusted to reduce awards. It took them all of fifteen years to appoint Mary Harney to attempt to introduce a ‘Lawyer Free’ Personal Injury Assessment Board which in effect continues to this day. The reasoning behind this was not, as stated to assist and help the Citizen to get justice in their cases, in a speedier fashion, but was to kick lawyers out of the system. Sure, the Government had the interests of the citizens at heart. It was those greedy lawyers who ripped the citizen off. Nonetheless the ones to benefit were the Giant Insurance Companies. Thankfully the Courts subsequently found it unlawful to exclude lawyers from dealing with such cases. Today the Insurance Industry spend Millions of Euros each week in expensive television campaigns which denigrate the integrity of the citizen, suggesting that they are crooks ripping off the system. Strangely enough, no mention of the dreaded greedy lawyers in their current advertising campaign. No doubt though they will be the target of a future, more enhanced campaign.
On the family law front, divorce was being heralded as the new way forward. Having dealt a blow to those personal injury lawyers, it was not long before the mantra changed, slightly. We want Divorce and Now was penned but there was an addition to the narrative. We are entitled to Divorce and as a right, we shouldn’t have to pay for it. These chants didn’t fall on deaf ears. (I am not in any way condemning Legal Aid here, a right myself and many others fought hard for.) Those same politicians targeted ‘Divorce Lawyers’ as the scum of the earth. It would seem that it wasn’t just the ‘new breed’ of Personal Injury Lawyers who would be the target of their venom but now the Family Law Lawyer.
When the dreadful lawyers involved in Family Law became the prime target (I exclude Mr Shatter and other such elitist Firms here), we all started receiving documentation regarding mediation. This was the way of the future we were told. In England there had been a move by some lawyers to become involved in the mediation process and there has been a drive in Ireland in the recent past, to mediate as opposed to litigating family law matters. Let me just comment that the work of the lawyer on a daily basis is not what is widely believed. Yes, we issue proceeding to protect the interests of our clients but then meet with our opposing number to try to see what common ground we may have. Many issues are resolved this way. Other matters that are in dispute will be litigated on. The time of the Court is not wasted on matters that are not in dispute. Mediation is part and parcel of the daily work of the lawyer. Yes, it’s paid for by the client, as is mediation. Now we are told that lawyers should be taken out of the equation and let the mediator do the work. Right, so you pay the mediator instead. Then when the process is complete you attend at the office of your lawyer for advice on what had been agree. Well, in my experience the mediated agreement is far from complete and I’ve yet to see a mediated agreement which I couldn’t have done a better job on and been part of the whole process. Remember you still have to go to Court to get your Divorce, Judicial Separation or suchlike. I know this is controversial but I’m not convinced after my more than 30 years in practice that mediation is the way to go in the majority of family law cases.
So, law without a lawyer is the current trend. Just be careful for what you wish for, because a small group of elite politicians, bankers and Insurance Companies are driving this agenda and it is not for the benefit of the Citizen. The ‘new breed’ of lawyer deserve your support. Remember it is you they act for and your interest alone. And what’s refreshing in this day and age is that they will not be bought off. The political elites are in the ascendancy at the present time and becoming more dangerous by the day. Our current Minister for Justice ,who has a distinct distaste for the current ‘independent’ bar wants to do away with the profession as we know it and have a new legal profession which is answerable to him, as Minister for Justice. While I’m no lover of the current Law Society model which is unrepresentative of me and I have told as much, I do fear that under the direct control of the Minister for Justice that my independence will be lost and I will be unable to represent the interests of my client without the State looking over my shoulder and overseeing all my actions. This is not what an independent legal profession is all about. For too long have the Law Society acted only for the elite within the profession and have been unrepresentative of lawyers who acted, not for the Corporate sector but the citizen. They have allowed the elites among them progress at the expense of the grass root solicitor within the community whose sole concern is protecting the rights of the citizen. The loss to the profession of these excellent, and mainly young members, is an absolute disgrace and in years to come, will be regretted by many, when too late to rescue our dying profession.
LegalEagleStar , Thursday , 6th. September , 2012 .
Solicitors Mutual Defence Fund Debacle
Many years ago when I heard about the formation of the SMDF, I was excited because I felt this was a great idea that my Professional Body was endorsing something by Solicitors for the benefit of Solicitors. Great idea. I immediately joined and remained with the SMDF until I observed practises which I disliked. I aired my views and this resulted in one of their senior Solicitors telling me that if the SMDF didn’t cover me then nobody would. I took exception to these remarks and immediately contacted the late Padraic Smith, Insurance Broker who arranged an Insurance Policy for me, at a fraction of what I was paying in Premiums to the SMDF. Remember it is a Defence Fund, not a Policy of Insurance. At the end of the following January I had a visit from The Law Society. This was not a problem and a very nice gentleman carried out an inspection of my Accounts. Upon completion I asked if this was a random visit or were they looking for something in particular. I was horrified to be told that The Law Society had been advised that I was practising without Insurance and I was told (He said “Don’t quote me”) who had reported me. I was horrified, no I was disgusted.
This year, all solicitors, bar the Elite, have had horrendous problems renewing their Insurance Policies. No help was forthcoming from the Law Society. In fact a colleague told me the Society had referred him to the SMDF as a Fund of last resort but had heard nothing back from them. Thankfully he finally got Insurance. There is talk of a New Policy to cover the profession but now I am told this will not take place this coming year because of one reason or another.
We are now being asked, like the Irish People were by Brian Lenihan to trust in him. That the Banks needed saving and we must Guarantee them. We now as a profession are being asked something similar by those who may well have advised Mr Lenihan on his course of action. Instead of the use of the word ‘collegiality’, Lenihan used the word ‘patriotism’.
We have heard both arguments as to why we should or should not Vote for the present Proposal. To ‘save our colleagues’ or not, some say. That is not my reading of the situation. It would appear to me, from a perusal of the very limited information now to hand that some questionable decisions were made by the SMDF as to investment of Funds etc. Maybe the SMDF Members should be investigating the operation of the fund and demanding to know what questions were put to Counsel and what they received by way of Advice. There are too many unanswered questions. To now ask the profession as a whole to Vote Yea or Nay without a full Brief is, I feel erroneous. A lot of Firms have made a hell of a lot of money in Legal Fees as a result of their acting in many Court actions for the SMDF. To now expect the average solicitor, who has been put to the pin of his/her collar in recent times to pay up is quite extraordinary. A lot of solicitors have lost their jobs and many of those who did succeed in getting Insurance Cover have had to dig deep into their own pockets to pay the premiums as many Banks have refused to fund the cost of this Insurance. Where was the leadership of The Law Society when we all needed help then? From the Memorandum of Vincent Crowley provided to us, it shows clearly that The Law Society want to ensure a Yes Vote at all costs. They cannot afford to lose face. They are telling the profession how to Vote not asking them for a Direction. Don’t get me wrong. I admire the majority of the people working in Blackhall Place. They are good people. My grievance is with the Elite, the politicians who want to control us and these people have great power. The majority should be represented not the powerful minority.
Remember when PIAB was proposed by Dorothea Dowling on the instructions of Mary Harney T.D., there were a lot of Conferences convened to discuss the Proposal. I attended one in Trinity College where Ms Dowling clearly set out the proposals and referred to PIAB as a ‘solicitor free zone’. Ken Murphy attended and spoke at this conference on behalf on the Law Society. He said that the Law Society had reservations about PIAB but were not simply against it. At the luncheon recess I was in the company of Ms Dowling and I spoke with Mr Murphy who responded to me that he and the Law Society didn’t agree with my views on PIAB. My views were to fight for the right of the citizen to bring their case before a Court instead of having to have it first submitted to a Government Agency. The introduction of PIAB has contributed greatly to the loss of jobs in the profession. Clearly, The Law Society showed no concern for them as they were “solicitors who advertised” and suchlike. As regards the change in procedure where Solicitors must now give a Certificate of Title to The Financial Institutions instead of the previous system where you closed the purchase at the Offices of the Solicitor for the said Institution, who will stand up and take credit for that disaster? That decision alone has been detrimental to the legal profession. How many jobs lost to the profession by that stroke of genius ? Hasn’t the Profession been brought into disrepute by the actions of some of its members who used this daft change in procedures to enrich themselves? A lot of us spoke about such a thing being possible many years ago but the Law Society was unconcerned.
Please use your Vote, make up your own mind and don’t be taken in by the argument that there are no other options. We are lawyers and deserve better than being told that we must Vote without full disclosure of all the facts. How would you advise your own clients if they sought your advice on such a Vote?
LegalEagleStar , Tuesday , 7th. June 2011.