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

A Pint of Harp, Smoking a Cigarette while sitting at The Bar… and criticising Gerry Adams !

Image by pwinn via Flickr

Every Tuesday evening, without fail, my pal drove from Terenure to my Office in Fairview,  where we would have a chat, sort out any computer problems, then head across the road to Kavanagh’s Pub or down the road to Meaghers, for a few Pints. Many a time we had to return to the Office to finish off some techie stuff, working through the small hours and, on more than one occasion, we ended up in Jury’s Coffee Dock, Ballsbridge for Breakfast. Those days were in the late 1980’s and come the Drink Driving Laws, we decided it would be safer for him to arrive by Taxi to my house and then we’d walk to my Local. By this stage my pal could not get his favourite beverage, a Pint of Harp, anywhere in Dublin, bar the Airport and used to content himself with whatever lager was on tap that night. He was also a heavy smoker, about 60 plus a day of Non-tipped Players Navy Cut. He said they’d be the death of him. Then the Smoking Ban was brought into law by Michael Martin TD and so he could not have a smoke with his ‘substitute’ Pint. This upset him i.e. the loss of a Pint of Harp and a smoke at the Bar.

On a trip we both took to Texas, he insisted on flying into Houston as there was a Firing Range he wanted to visit. ‘Top Gun’ was the name of the establishment. He was a crack shot and this was clearly in evidence when I observed him in action. The owner of the Range and him struck up a great conversation as they had a lot in common. For my part, I took more interest in their T-shirts and purchased one for my daughter, a bodyguard, to wear on the Firing Range she practises on in Slovenia. We took this trip back when Hurricane Rita was heading towards Texas. The night before, I had explained to him that in Texas they were really proud of their State, so if asked if he’s been there before that the answer was a definite ‘No‘. He’d been to the United States on numerous occasions before but I felt I should warn him. Despite my warning he proceeded to Chat Up the Bar Maid and after her serving me my lovely Pint of Shiner Boch, a good Texan Beer, she asked him what his pleasure was. He hesitated in ordering but continued to chat to her. Then.. ‘Have you been here before’ she asked. He replied  ‘Yes, I had a girlfriend in Santa Barbara (California) for many years’. Upon hearing this she promptly walked away and refused to serve him. I had to order his beer for him for the rest of the night.

The following day, I had a call from a pal who advised me to get the hell out of Houston as The Governor of Texas, Rick Perry was about to order the evacuation of the City. I relayed this to my Pal who insisted on finishing his meal before taking up the challenge of driving us both to San Antonio to be out-of-the-way of the Hurricane. I always enjoyed his company, not his driving so the journey was, well eventful so to speak. But, I move on… Just north of San Antonio is a fantastic Outlet Mall located in San Marcos. After hours of shopping we headed into a Local Bar for a Pint, or two. Imagine his surprise when he saw, that behind the Bar, was a Tap labelled Harp. Well, I decided that I’d be the designated driver while my pal proceeded to drink the keg dry. He was a staunch Irish Republican and did not approve of Gerry Adams at all. He though he sold out Republicans and, whatever my own views, we had many a heated debate and this session was no different. Needless to say he engaged all the locals in this conversation and sang Irish Rebel Songs for hours and we really had a great Night. I though we’d be in trouble though when he called the local American Football Team ‘Pussies’. As he was an avid Rugby fan, he told all that ‘real men didn’t wear all that padding’. To my surprise, we were not ejected or set upon but warmly welcomed by all present. On that trip it became obvious to me that everything wasn’t right with him. He spoke about his ex-girlfriend from California so much so, that I attempted, on more than one occasion, to get him to call her. He wouldn’t and well, he was annoyed that I was trying to bully him into doing so. He was a very private guy and one hell of a friend. The type of friend who would drop all to come to your assistance regardless of how inconvenient it might be for him.

A couple of years ago he phoned me. No, it was not a Tuesday, but a Friday and he asked me if  I’d like a Pint. I was tired after a very long week but said ‘Yeah, I’d love one’. An hour later the taxi dropped him off at my door. He looked great and was in great form. We headed to my local pub where we enjoyed a few pints. He listened to me moaning about the economy; the way that people had changed; that everyone was now a European and had no time for their fellow countrymen; and such like. He was calm and composed and while agreeing with me on most issues, said he didn’t like the way the Country was at all. That times had indeed changed and that he didn’t like living here any more. That the country was a disappointment to him and wondered what those that had died fighting for the country would make of it all. We finished up the night at my house where we had a Pizza delivered; he had the usual chat with my daughters of whom he was very fond and he gave his usual rendition of Republican Songs for the benefit of Lulu, my daughter’s African Grey Parrot, who really loved him. A great night was had by all and the usual Taxi Firm arrived about Three in the morning to drive him home.

Some days later, my cousin, his best pal, telephoned me and asked if I was sitting down. He then told me that our pal was dead, having shot himself through the head. I was numb and still am to a certain extent. My cousin still hasn’t got over this event. I think back and wonder, if there was anything, anything at all, I could have done …

 

 

LegalEagleStar , Wednesday , 22nd. June , 2011.

An Irishman at home with ‘The Spirit of Texas’.

Image by teachandlearn via Flickr

Texas is unlike Ireland, in so many ways. While we speak the same language, well kind of, the whole mentality of the Texan is so unlike us Irish today. I have no doubt that they would not ‘lie down’ as we appear to be doing as regards the Banks and Big Business. The spirit of The Alamo is alive and well in Texas. We Irish fought in the Battle of the Alamo and many people in Ireland are unaware of this fact. Not so in San Antonio, where they remember that we stood shoulder to shoulder with many races in their fight for independence. And yes, Big Business is alive and kicking here with a ruthless efficiency. I for one would be occupied full-time in supporting workers rights and might well not be though of too highly as a result. That said, there is a work ethic present here that would put a lot of us to shame.

When I was young, growing up, I was aware of a sense of National Pride. Unfortunately with the onset of the Celtic Tiger our national attitudes changed and not for the better, as far as I’m concerned. There was also a kind of Tribalism that prevailed between Dublin and the rest of the country. For the average ‘Dub’ we were aware of Dublin playing in Croke Park against, well a Country side. I at least, knew of two other Counties. As my father was a Dundalk man he brought me to see the Mighty Down playing and that got his Northern Blood flowing. I was also aware of the Wee County, Louth but I have no recollection of ever seeing them play. In Texas, yes they are Americans and proud of  it,  but first and foremost they are Texans. When you see the Stars and Stripes flying outside a Company Headquarters, it will invariably be accompanied by the Lone Star i.e. the Flag of Texas. Sometimes the Lone Star stands proudly on its own. Many a proud Texan tells me of its history. The Six Flags of Texas… under Spain, France, Mexico, Independent Texas, Confederacy then United States. To this day, although this is disputed by many, I’m told that Texas has the right to secede from the Union. Whether this is correct or not it doesn’t stop many from displaying this as a car bumper sticker when they are angry with the direction the US is taking if they consider it not in the interests of Texas. Where we display, or did in past years, stickers saying ‘Keep Dublin Tidy’, their campaign states ‘Don’t Mess with Texas’.

Their attitude to crime is very black and white. If a crime is committed they go after the criminal with speed and efficiency. Child and Police killers get no mercy and these are deemed capital crimes to which the death penalty applies. I am very much against the death penalty as I believe violence by the State is obscene and that one person executed in the wrong is one too many. I understand where the Texan mentality comes from though. Life can be very hard. People have to work long hours to provide for their families. But there is a great sense of community which extends into looking after those not provided for by the State. People volunteer and as a result they have great pride in their communities. There is a certain old-fashioned attitude prevailing which I admire i.e. respect for each other. Whatever your status you’ll be address as ‘Sir’ or ‘Mam’. Nice to hear some manners spoken again. I have fallen in love with this  State, or Country, if you take that view, because of its people regardless of its Vast open spaces with its Huge Sky. I would never get a sense of  claustrophobia here, as everything really is Bigger in Texas.

As we plan to head back to Dublin shortly, I look around at the land with its wild deer, snakes (of 999 varieties), wild cats, bobcats, scorpions, and every type of bug you can imagine, and myself and family, including my grandson ‘Toes’ will miss this place. I head back home and I wonder sadly why we Irish have laid down and let our sense of Irishness and pride be taken away from us. I am certain about this, that unless we wake up and soon, we will be living in an anonymous Province of Europe where none of us will feel we belong. Already we have lost too many of our  young people to foreign lands and these were our future. What future can we look forward to now ? What will it take to wake us up again as a Nation and regain our sense of National Pride ?  Until then, I can only hope that I can spend as much time as possible among the Texan people who have made me feel, well at home here among the people of the Great State of Texas. Thank You Guys and Gals for this real sense of  ‘ Home’.

 

LegalEagleStar , Tuesday , 14th. June 2011 .

San Antonio, Texas.