Seanad debates

Tuesday, 3 March 2009

Legal Services Ombudsman Bill 2008: Committee and Remaining Stages

 

4:00 pm

Photo of Denis O'DonovanDenis O'Donovan (Fianna Fail)

——qualified under the Law Society's rules and regulations or those of the Bar Council. A person may present himself as an attorney at law, which is a phrase set aside to cover solicitors in a more American type of jargon. It has happened in this country. An effort to pursue the company involved, which was not some Mickey Mouse operation, failed because the gentleman in question relied on the fact that the members of this company were qualified people, yet they turned out not to be so. This is something I am worried about, and it should be investigated, although not through this legislation. I might give the details, which are well documented, to the Minister of State or his colleague. There is something of a vacuum in this regard and I am concerned that others might be caught in the same trap. The case is less than three years old and has cost a person — I am not sure whether he is a citizen but he is certainly living here — a substantial sum of money. He was led up the garden path. He relied on the skill and judgment of the members of a particular firm who were neither solicitors nor barristers, and his complaint has fallen into a boghole. Unfortunately, it got nowhere. However, sin scéal eile.

On section 9, I will return to the Minister of State's response to the point made earlier about limiting the number of people entering the legal professions. The number of practising solicitors stands at 8,000. I urge the Minister of State to bí cúramach in that regard. In the mid to late 1970s, when I was a young man starting on the road to becoming a solicitor, many people walked away from the Bar or the solicitor's office because they believed the professions were the preserve of the very rich and the landed gentry. As someone who comes from a relatively humble background, I do not wish a return to those days. I was fortunate in being able to enter the system but others decided to follow different avenues. One has to be extremely careful in restricting numbers solely on the basis of academic merit and capacity. I would hate to think people might be prevented from entering their chosen profession merely because they lack the wherewithal to stand their ground.

I welcome the provisions in section 9 for handling complaints fairly and efficiently and assessing the adequacy of admission policies. The numbers studying law were too high at one stage, with the result that the Law Society introduced restrictions which were not in place when I took my degree. I had to complete first, second and third law and entrance examinations were only introduced as I was finishing my studies in Blackhall Place. I put my hands up to say the newer breed of solicitors are better trained than my generation. I completed my law degree without much practical experience but my son, who is an apprentice at present, spends one day every second week observing court proceedings. In my time, one swatted for the examinations and then licked stamps for one's first six months in a solicitor's office. When the younger generation of students have completed their studies, they are already well trained even if they lack experience.

I have read, although perhaps not in section 9——

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