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Law Society Gazette | gazette.ie Jan/Feb 2017
BRIEFING | COUNCIL
55
REPORT OF THE LAW SOCIETY COUNCIL MEETING ON 2 DECEMBER 2016
Meeting with the Tánaiste
The president reported on a
meeting with An Tánaiste on 16
November 2016, at which the Society
had raised concerns regarding
the taxation of costs, criminal
legal aid, and vacancies in judicial
appointments. The commencement
of aspects of the Legal Services
Regulation Act was also discussed.
It had been a cordial and
worthwhile meeting, and the Society
had emphasised the need for
additional resources in relation to
the taxation of costs (which was at
crisis point in terms of delays), the
restoration of the swingeing cuts
in criminal legal aid rates, and the
need for greater diversity in the
appointment of judges.
The Society had received a
full and sympathetic hearing on
all of the issues raised and would
continue its engagement with the
Department of Justice and Equality
in relation to each item.
Motor insurance
The Council discussed the draft
recommendations from the
Working Group on the Cost of
Motor Insurance, which had just
been published, and noted that a
key recommendation was the establishment
of a Personal Injuries
Commission, in which the Society
would seek to be involved.
The working group’s statement
that it “did not find that
legal costs were a major contributory
factor in the recent increase
in premiums” was warmly
welcomed. The president and
director general were congratulated
on their presentations to
the Oireachtas committee and in
the media, and their cogent rejection
of the self-serving claims by
the insurance industry that legal
costs were a key element in those
increases.
The Council also noted
that the Society had been invited
to meet the Competition
and Consumer Protection
Commission, in the context of its
examination of the conduct of the
insurance industry in relation to
motor insurance premiums.
FATF evaluation of Ireland
Deputy director general Mary
Keane reported on the FATF
evaluation of Ireland, which culminated
in two meetings with the
FATF evaluation team in November
2016, one with a practising
solicitor and one with representatives
of the Law Society. The purpose
of the evaluation was to report
on Ireland’s compliance with
its obligations to establish and
enforce rules preventing moneylaundering
and terrorist financing.
The final report of the evaluation
team would be considered at
a FATF plenary session scheduled
for June 2017.
Legal Services Regulation Act
The Council considered draft
precedents in relation to legal
costs, which had been prepared
by a subcommittee of the Legal
Services Regulation Act Task
Force, led by Keith Walsh. The
Council noted that section 150
of the act would require solicitors
to provide notices to their clients
providing information in relation
to legal costs.
The draft precedents included
six separate section 150 notices in
relation to six different types of legal
service, together with guidance
and a precedent in relation to the
‘bills of cost’ provisions in section
152. It was agreed to circulate the
draft precedents to the profession
for review and feedback.
eSignatures Working Group
The Council received a presentation
from the Society’s eSignatures
Working Group and
unanimously endorsed its recommendations
for the development
of both a solicitor and client e-
signature.
Practising certificate fees
The Council approved the practising
certificate fees for 2017,
which involved an increase of
€50 over 2016. The Council
noted that this was the first increase
since 2009, except for the
member-approved SMDF levy.
In fact, there was a reduction of
€120 in 2010 and another €100
of the general fee was reallocated
to the compensation fund in
2011-2013. The increase could
not be avoided and was required
in order to avoid an operational
deficit as a result of increased
investment in the Society’s representative
function, essential
investment in IT, and additional
costs associated with the operations
of the LSRA.
Award-winning Gazette editor
The Council congratulated the
editor of the Society’s Gazette,
Mark McDermott, for winning
the ‘Editor of the Year Award’ in
the Business to Business category
of the Irish Magazine Awards.
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