Law Society of Ireland

Law Society of Ireland

Law Society of Ireland building
Headquarters	Blackhall Place
Location	Dublin, Ireland
Membership	12,000+
Staff	207
Website	www.lawsociety.ie

The Law Society of Ireland (in Irish: Dlí-Chumann na hÉireann) is the educational, representative and regulatory body of the solicitors' profession in the Republic of Ireland. As of 2011, the Law Society had over twelve thousand members, all solicitors, a staff of 207 and an annual turnover of €30m.

History

Law Society of Ireland was established on 24 June 1830 with premises at Inns Quay, Dublin. In November 1830, the committee of the Society submitted a memorial to the benchers as to the ‘necessity and propriety’ of erecting chambers for the use of solicitors with the funds that solicitors had been levied to pay to King’s Inns over the years^[1] The committee requested that the hall and chambers for the use of solicitors should be erected away from the King’s Inns, and apartments in the Four Courts were allotted by the King’s Inns to solicitors in May 1841. However, the adequacy of that accommodation at the Four Courts was to be a bone of contention between the Society and the benchers for 30 years.^[2] The first president, Josiah Dunn, was elected in 1842. In accordance with the Supreme Court of Judicature Act (Ireland) 1877, anyone admitted as solicitors or attorneys were, from then on, to be referred to as solicitors of the Court of Judicature (although the title of attorney lives on in the designation of the chief law officer of the State as the Attorney General).^[3]

Incorporation by Royal Charter

The Law Society was incorporated by royal charter obtained from Queen Victoria on 5 April 1852 under the name of "the Incorporated Society of Attorneys and Solicitors of Ireland". The charter referred to founding "an institution for facilitating the acquisition of legal knowledge", and for the better and more convenient discharging of professional duties of attorneys and solicitors.^[4] The principal events with which the Law Society was concerned on behalf of solicitors in the second half of the 19th century were: · The inauguration of a scheme for the education of apprentices, · The independence of the solicitors’ profession from the King’s Inns, · The achievement of an increasing degree of self-government and recognition of its position as the representative and regulatory body for solicitors in Ireland, culminating in the Solicitors (Ireland) Act 1898.

At the end of the 19th century, the legal functions of the Law Society were substantially increased by the Solicitors (Ireland) Act 1898, which repealed the act of 1866 and transferred control of education and important disciplinary functions from the direct supervision of the judges to that of the Society. In 1888, the constitution of the Council of the Society was changed by supplemental charter, which provided that the Northern Law Society and Southern Law Association would each be entitled to appoint members to the Council. This was further changed in 1960, when provision was made for the appointment to the Council of three members of the Dublin Solicitors’ Bar Association Council.^[5] The professions of attorney and solicitor were fused under the Supreme Court of Judicature (Ireland) Act, 1877. As a consequence, the Law Society was granted a supplemental charter, again by Queen Victoria on 14 December 1888 under which the Law Society was styled the "Incorporated Law Society of Ireland". The current statutory basis for the Law Society is set out in the Solicitors Acts 1954 – 2002. In 1994, the Law Society’s name was changed once more, this time the word "Incorporated" (in Irish: "Corpraithe") being omitted from its title.

Acquiring Blackhall Place

By the middle of the 1960s, the solicitors’ buildings at the Four Courts were proving inadequate for the expanding activities of the Society and outside premises were used for lectures for students. A special committee recommended the purchase of the King’s Hospital, Blackhall Place, described by renowned architectural historian, Maurice Craig, as "one of the most beautiful and, in its way, original" of Dublin’s major buildings.^[6] Council member of the Law Society, Peter Prentice, proposed a motion at a special meeting of the Council on 3 July 1968 (seconded by John Jermyn) that the Society purchase the King’s Hospital for the sum of IR£105,000. The motion was carried unanimously and a contract was subsequently executed.^[7] An Taoiseach, Jack Lynch, performed the official opening ceremony of the new headquarters on Wednesday 14 June 1978.^[8]

Solicitors as judges

The Society pressed for many years for a change in the law so as to permit the appointment of solicitors in the Circuit Court and the High Court. The Courts and Court Officers Act 1995 allowed for the appointment of solicitors as judges to the Circuit Court.^[9] In July 1996, the government announced the appointment of solicitors John F Buckley, Frank O’Donnell and Michael White as judges of the Circuit Court – the first such appointments in the history of the State.^[10] The Courts and Court Officers Act 2002 provided that a person shall be qualified for appointment as a judge of the Supreme Court and the High Court if he or she is, for the time being, a practising barrister or practising solicitor of not less than 12 years’ standing.^[11] Shortly after its enactment, Michael Peart became the first practising solicitor to be appointed a judge of the High Court.^[12]

Education

A new Law School, built on premises adjoining the existing Blackhall Place headquarters, was officially opened by President Mary McAleese on 2 October 2000. The new library at Blackhall Place was also opened by President McAleese on the same day.^[13]

In the News

Law Society to send out undercover court agents^[14]

Compensation costs hit €4.7m^[15]

Fugitive solicitor Michael Lynn arrested in Brazil^[16]

Shatter bows to fears over political control of new legal watchdog^[17]

Shatter in talks over ‘specialist’ insolvency judges^[18]

Legal eagles soar around Blackhall for Calcutta Run^[19]

Accountants told not to sign confidentiality agreements with AIB^[20]

Costs will fall in ‘legal revolution’^[21]

Failed professions have ‘lost right to self-regulate’ - expert^[22]

Perrin may be struck off as files released^[23]

Attorney General in talks with senior judges to quell dispute^[24]

Law Society damages fund incurs €2.24m loss^[25]

Structure

The governing body of the Law Society is its Council. It comprises both elected and nominated members, all of whom are solicitors. Over the years the Council has established a range of committees to which it delegates certain of its statutory functions.

The Council may comprise not more than 48 persons. Of its membership, between 21 and 31 must be elected from among the Law Society's members. A delegate from each of the four provinces of Ireland must also be chosen. Up to five extraordinary members may be appointed from each of the Councils of the Southern Law Association and the Law Society of Northern Ireland while three may be appointed from the Council of the Dublin Solicitors' Bar Association.

As of 2009, the Law Society's Council comprised forty-eight members, being the maximum permitted. Annually they select one of their number as president. That term of office runs from early November to early November of the following year.

List of presidents since 1842^[26]

1842–1848 Josias Dunn 1848–1860 William Goddard 1860–1876 Sir Richard J. T. Orpen 1876 Edward Reeves 1876/77 William Roche 1877/78 Sir William Findlater 1878/79 William Read 1879/80 Henry A. Dillon 1880/81 John H. Nunn 1881/82 Henry J. P. West 1882/83 Henry T. Dix 1883/84 William D'Alton 1884/85 John Galloway 1885/86 Henry L. Keily 1886/87 Sir Patrick Maxwell 1887/88 Richard S. Reeves 1888/89 John MacSheehy 1889/90 W. Burroughs Stanley 1890/91 Francis R. M. Crozier 1891/92 Thomas C. Franks 1892/93 Edward Fitgerald 1893/94 John Alexander French 1894/95 Trevor T. L. Overend 1895/96 Sir William Fry 1896/97 Sir William Findlater 1897/98 William Henry Dunne 1898/99 Hugh Stuart Moore 1899/00 Richard S. Reeves 1900/01 James Goff and Sir George Roche 1901/02 Charles A. Stanuell 1902/03 Sir Augustine F. Baker 1903/04 Robert Keating Clay and Edward D. MacLaughlin 1904/05 Edward D. MacLaughlin 1905/06 Sir John P. Lynch 1906/07 William S. Heyes 1907/08 George H. Lyster 1908/09 William J. Shannon 1909/10 Richard A. MacNamara 1910/11 Frederick Walsingham Meredith 1911/12 Gerald Byrne 1912/13 James Henry 1913/14 Henry J. Sinnott 1914/15 Arthur E. Bradley 1915/16 Charles St George Orpen 1916/17 John W. Richards 1917/18 William V. Seddall 1918/19 Richard Blair White 1919/20 Robert G. Warren 1920/21 Charles G. Gamble

1921/22 Patrick J. Brady 1922/23 Joseph E. MacDermott 1923/24 James Moore 1924/25 Arthur H. S. Orpen 1925/26 Thomas G. Quirke 1926/27 William T. Sheridan 1927/28 Basil Thompson 1928/29 Edward H. Burne 1929/30 Peter Seales 1930/31 Alexander D. Orr 1931/32 Laurence J. Ryan 1932/33 W. Gorden Bradley 1933/34 James J. Lynch 1934/35 Charles Laverty 1935/36 Michael E. Knight 1936/37 John J. Duggan 1937/38 Thomas W. Delaney 1938/39 Daniel J. Reilly 1939/40 Henry P. Mayne 1940/41 J. Travers Wolfe 1941/42 G. Acheson Overend 1942/43 John B. Hamill 1943/44 Louis E. O'Dea 1944/45 Parick F. O'Reilly 1945/46 Daniel O'Connell 1946/47 H. St J. Blake 1947/48 Sean O hUadhaigh 1948/49 Patrick R. Boyd 1949/50 William J. Norman 1950/51 Roger Green 1951/52 Arthur Cox 1952/53 James R. Quirke 1953/54 Joseph Barrett 1954/55 Thomas A. O'Reilly 1955/56 Dermot P. Shaw 1956/57 Nial S. Gaffney 1957/58 John Carrigan 1958/59 John R. Halpin 1959/60 John J. Nash 1960/61 Ralph J. Walker 1961/62 George G. Overend 1962/63 Francis J. Lanigan 1963/64 Desmond J. Collins 1964/65 John Maher 1965/66 Robert McD. Taylor 1966/67 Patrick O'Donnell TD 1967/68 Parick Noonan 1968/69 Eunan McCarran 1969/70 James R. C. Green 1970/71 Brendan A. McGrath

1971/72 James W. O'Donovan 1972/73 Thomas V. O'Connor 1973/74 Peter D. M. Prentice 1974/75 William A. Osbourne 1975/76 Patrick G. Moore 1976/77 Bruce St John Blake 1977/78 Josseph L. Dundon 1978/79 Gerald Hickey 1979/80 Walter Beatty 1980/81 Moya Quinlan 1981/82 Brendan W. Allen 1982/83 Michael P. Houlihan 1983/84 Frank O'Donnell 1984/85 Anthony E. Collins 1985/86 Laurence Cullun 1986/87 David R. Pigot 1987/88 Thomas D. Shaw 1988/89 Maurice R. Curran 1989/90 Ernest Margetson 1990/91 Donal G. Binchy 1991/92 Adrian P. Bourke 1992/93 Raymond T. Monahan 1993/94 Michael V. O'Mahony 1994/95 Patrick A. Glynn 1995/96 Andrew F. Smyth 1996/97 Francis D. Daly 1997/98 Laurence K. Shields 1998/99 Patrick O'Connor 1999/00 Anthony H. Ensor 2000/01 Ward McEllin 2001/02 Elma Lynch 2002/03 Geraldine M. Clarke 2003/04 Gerard F. Griffin 2004/05 Owen M. Binchy 2005/06 Michael Irvine 2006/07 Philip M. Joyce 2007/08 James MacGuill 2008/09 John D. Shaw 2009/10 Gerard Doherty 2010/11 John E. Costello 2011/12 Donald Binchy[27] 2012/13 James McCourt 2013/14 John P. Shaw

Functions

The Law Society has a range of statutory and non-statutory functions. Its statutory functions under the Solicitors Acts relate to the education and admission of persons to the profession; regulatory and disciplinary matters and protection of solicitors' clients. The Law Society's non-statutory functions relate to the representation and provision of services to its members and protecting the public interest.

Recent developments

In 2005 a special committee of the Law Society said it was utterly appalled at reports that some solicitors have double-charged for work done for victims of institutional abuse.^[28]

In a lecture given to students in Cork, the Master of the High Court Edmund Honohan SC advocated independent regulation of the profession saying that no spinning by the Society could disguise the systemic failure of self-regulation. He said most solicitors must now realise they had been let down, not just by a few rogue negligent solicitors, but by the Law Society itself.^[29]

A website launched in February 2006 by a number of individuals styling themselves "the Victims of the Legal Profession", www.Rate-Your-Solicitor.com, was used for a time by people to vent their frustrations with solicitors.^[30] The High Court has since made orders requiring that the site be taken down on foot of allegations that it contained defamatory content.^[31]

The Society has investigated a number of solicitors whose actions have damaged both their clients and the reputation of the profession. The most high-profile cases were those of Michael Lynn and Thomas Byrne, who were both struck off by the President of the High Court following investigation by the Society.^[32] The two Dublin solicitors, who were fined €2 million and €1 million respectively, may have cost financial institutions more than €100 million. The Law Society's director general, Ken Murphy, has described as "incomprehensible" the length of time it has taken the Garda to investigate complaints against the two.^[33]

The Law Society's compensation fund was almost halved in value because of the number of claims against solicitors and the Law Society's President John D Shaw said "I'd have to concede that the profession has suffered significant professional damage, but the vast majority of solicitors do their best, and I think they have been very let down by the few".^[34]

The Law Society had to pay the €100,000 costs of a Supreme Court appeal it brought against two Dublin solicitors who admitted operating secret accounts to evade tax in May 2009.^[35]

Michael Murray, the state solicitor for Limerick City and brother of the former Chief Justice, said there was "concern within certain official circles that a tiny minority of solicitors are harvesting information on operational matters and passing them on to the criminal fraternity and effectively acting as criminal intelligence officers for criminal gangs".^[36][37]

The Law Society said solicitors who fail to pay over to the Revenue Commissioners stamp duty that they have received from clients "will be treated very severely". On over 155 occasions in the first five months of 2009 the Law Society had to step in and compensate the Revenue and admitted "the unravelling of the building boom means we are likely to see quite a few more cases" which the Society takes "very seriously".^[38]

The failure by the legal profession to implement proposals for electronic property conveyancing made possible tens of millions of euro in mortgage fraud and one unnamed executive at a specialist lender said that "because of this joke of Law Society self-regulation, conveyancing costs will now increase and hurt consumers".^[39]

In December 2009, the Law Society had to prop up The Solicitors Mutual Defence Fund, which provides the majority of solicitors with insurance cover against negilence claims.^[40]

In March 2011 the National Competitiveness Council said the legal profession in Ireland and the services it provides have come to be seen as overpriced, unaccountable and archaic. However, change is on the way, following the commitment by Ireland under the EU/IMF Memorandum of Understanding to no longer to allow the legal profession to run its own affairs.^[41]

Two months later it was revealed that the Solicitors' Mutual Defence Fund, which is independent of the Law Society, was effectively insolvent after it suffered financial losses because of the '"extremely high level of claims arising from the collapse of the property market and the collapse of a Bond, which wiped out a substantial portion of the Fund's reserves". In June 2011 the members of the Law Society voted in a postal ballot to pay for a €16 million bail-out of the Fund to enable its orderly wind-down, with all claims being paid in full.^[42]

An independent review was launched in January 2013 into the pay of senior executives, following demands by several local solicitors' groups for the pay of top officials to be revealed to members.^[43] The Mayo Solicitors' Bar Association and Southern Law Association asked the society to confirm if the Director General was earning an annual salary of some €400,000, and if its top three senior executives earned combined packages totalling €1.1m.^[44]

References

External links

• Official website

Coordinates: 53°20′56″N 6°16′58″W / 53.348754°N 6.282724°W / 53.348754; -6.282724