President’s Report

When I began my term as president last November, there were three objectives I wished to focus on: small practices, justice and law reform, and strategy

Law Society President Barry MacCarthyFirstly, I wanted to shine a light on smaller community-based legal practices that are facing challenges. The profession is thriving, and demand is growing for legal services. However, as the legal profession is heavily concentrated in major urban centres, and Dublin in particular, the availability of legal services in many regional communities is at risk, which can have a significant negative impact on access to justice in those affected areas.

The Small Practice Grant offered to practices outside the main urban districts (five in 2024); the access scholarship programme to fund students from socio-economically disadvantaged backgrounds; public legal education programmes for schools; and the PPC Hybrid course, with its greater focus on online learning, are just some of the Law Society initiatives that help encourage wider and more inclusive access to the law. 60% of trainees on the 2023 PPC Hybrid course were located outside Dublin, compared to between 8% and 9% of traineeships for the onsite course, so the availability of this course is making a difference.

Unfortunately, there is still a growing number of counties with no traineeships, which in 2023 included Carlow, Cavan, Clare, Laois, Leitrim, and Roscommon.

The good news is that two of these counties have been awarded a grant to hire a trainee this year. But there is more to be done. Not surprisingly, this issue is not confined to Ireland, as I discovered when I met my counterparts at a meeting with the Law Societies of England and Wales, Northern Ireland, and Scotland earlier this year. Therefore, we agreed to set up a collaborative group for sharing best practice and developments, so that current and future members in smaller practices can be better supported. This work is ongoing.

Justice and law reform

A collage showing Law Society President Barry MacCarthy having discussions with members of the profession and stakeholders on policy and law reformLike many other solicitors, the opportunity to help build a fair and just legal system that works for all was a driving force for me in becoming a solicitor. So, this year, I wanted to put greater emphasis on highlighting areas where the law and legal system in Ireland need reform.

In one of my first speaking engagements as president, I was very pleased to be invited to the launch of the Planning and Environment Division of the High Court last December. This court is a significant milestone in the continued evolution of Ireland’s justice system in the public interest. The Law Society is very active in supporting colleagues working in this area, with a dedicated Environmental and Planning Law Committee available to provide expert knowledge and guidance for the profession.

The Law Society has a leading role in advocating for justice and law reform and in representing the profession to improve our operating environment and tackle issues needing attention in the public interest. In February, I opened the first in a series of justice and law reform events hosted by the Law Society to facilitate discussion and contribute to the national conversation on important matters in the public interest. Over the past 12 months, I have been working closely with the director general, Mark Garrett, and other Law Society representatives and committees to actively and regularly engage with policymakers and key stakeholders, and to resolve some of the more challenging issues facing practitioners now. The Law Society ensures that the expertise and experience of solicitors in many areas – including conveyancing, probate, and family law – is used to contribute to submissions and recommendations for improvements to make these systems work better. Some examples of our engagements throughout the year related to improving efficiencies in probate and conveyancing to cut down on delays, direct input to the Government’s housing policy, changes to registration practices by Tailte Éireann, and recommendations to improve the welcome Family Courts Bill 2022.

Following the Law Society’s contribution to the Housing for All Expert Group on Conveyancing and Probate, and our attendance at the Joint Committee on Justice, I was glad to see that the final report of the expert group contained a series of recommendations that focus on achieving more efficient and consumer-friendly processes, and on reducing delays and associated costs. A new consumer guide published in July by the Law Society, together with the Society of Chartered Surveyors Ireland, clearly outlines all the steps to consider when selling a property – this should be an asset for any practitioner to assist their clients in preparing for the conveyancing process. You and your clients can download this guide from the Law Society website.

Many of you have expressed concerns with the restrictive process put in place for creating an enduring power of attorney. We have been working hard for many months to convince the Decision Support Service (DSS) and the minister to remove the unjustifiable barriers placed in front of the public in the name of ‘digital primacy’. We have also highlighted the need for a solicitors’ portal to be added to the DSS platform so we can, as practitioners, assist our clients if required, especially those most vulnerable. Some measures have been taken by the DSS but, as recent media coverage and low turnaround of applications is proving, the system is not fit for purpose. I know the Law Society will keep working to ensure that these fundamental challenges are addressed.

I also know from consultations and from speaking to solicitors around the country that technology is another area of concern for many, not least the advent of artificial intelligence (AI) and how it might affect legal services. This was the theme of the annual European Presidents’ Conference, which I attended in February and which has a reputation for discussing the current issues related to the rule of law and fundamental rights. The clear message was that, as lawyers, we need to learn to embrace it. This is a topic that the Law Society has been studying closely, and it made a submission in July in response to a Department of Enterprise, Trade and Employment public consultation on the implementation of the EU AI Act in Ireland. The Law Society arranged a few events on AI this year to help keep solicitors informed and will continue to engage with policymakers on AI regulation.

Strategy

A collage showing the Law Society President Barry MacCarthy at a range of events with members of the profession

A third focus for this year has been delivery of the new strategy for the Law Society. As a member of the Law Society’s Strategy Task Force, and seeing firsthand the extent of research and collaboration with solicitors and other stakeholders that went into its development, I was delighted to see the launch of our strategy for the next five years.

Our purpose is to support and shape a just and accessible legal system that works for all as a foundation for a modern, thriving, and progressive society. Our ambition is for the Law Society to be the influential voice on law and justice in Ireland, enabled by a dynamic solicitors’ profession acting in the public interest. And our vision is of a solicitors’ profession of unparalleled excellence, shaping a legal system that is a model of justice, fairness, and accessibility – serving the needs of all.

While we can’t predict the future, this strategy gives the Law Society an informed road map to help enable and prepare a changing profession to handle challenges and take advantage of opportunities that lie ahead, with a goal of elevating the standards of excellence expected in our provision of legal services.

As solicitors, we are working in an increasingly complex and everchanging legal environment. Don’t forget that there are many services provided by the Law Society to support you in your practice and your career. Wherever you work and wherever you are, the Solicitor Services team are at hand to answer any queries: solicitorservices@ lawsociety.ie.

I am very grateful to the Law Society Council, the committees, the executive leadership team, and all the staff of the Law Society for their hard work – and to you, the profession, for your valued support during my term in office. It has been a privilege to serve as President of the Law Society of Ireland and, as I hand over the baton, I look forward to continuing to represent the profession on Council to achieve our shared goals.

 

Barry MacCarthy
President