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Author Archives: Edward McGarr

The New Legal Year 2

It cannot be true, however, that they have little or no confidence in their own lawyer; they hired him or her and would not have done so if they positively had no confidence in him or her. In any event it is probably misleading to use the term “confidence” in this context, something many clients would probably recognize intuitively. The emotion felt is probably closer to hope than anything else, or, in the case of very inexperienced clients, expectation. “Confidence” is something based on past experience; most clients have little experience of the legal system. What of a client accused of the offence of dangerous driving? How can his/her emotional state be said to be one of “confidence”, when the most positive outcome may, to the knowledge of the client, be one where public humiliation is attenuated by the lawyer speaking for the client, rather than snatching an acquittal from the situation?

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The New Legal Year 1

Individual wrongdoing by a solicitor or a barrister implies little about any other lawyer. This is clearly the case where the wrongdoing consists of murder or armed robbery or dangerous driving. Even if it consists of mortgage fraud, it implies nothing about other lawyers. (Mortgage fraud may imply something about human nature, but lawyers, as such, are not accountable on that score). Mortgage fraud may indicate the desirability of having mortgage processing systems that will practically eliminate mortgage fraud.

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Filth

They have meaning only to medical practitioners and health care managers willing to delude themselves that they can avoid shouldering responsibility for such infections in the absence of being confronted with a video or other visual record (and therefore, presumably unchallengeable) of the mechanism of infection.

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Shut Up!

As part of their reply, in rejecting the criticism, they refer to the absolute privilege they were entitled to if they had chosen to make their disclosures in the Dail. They make the point they did not avail of this (on the basis that it might have been an abuse of the privilege).

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A Personal Fighting, Flying, Machine for every Citizen?

Ryanair is not popular. For this writer, it’s enough to remember traveling to Venice and being dropped in Treviso. It was the “arrangementâ€? for the return flight that left everything to be desired.

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In Mussolini’s Garden

One of the most influential ideas in Ireland is the belief that the State is superior to the citizen.

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The Long Vacation

Following a long-standing tradition, the Supreme Court, the High Court and the Circuit courts are on holiday.

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The RIAI Contracts

At the time I made no reference to its terms. I do now. It is badly written. It is a challenge, for instance, to find the provision under which the Main Contractor is obliged to make payment to the sub-contractor (Clause 11).

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The Parliamentary Draftsman (2)

Who will interpret the confused, inarticulate replies? (Some, at least, will be such).

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The Parliamentary Draftsman

The people who draft legislation are unusual. The job is difficult and requires long training, experience and talent. Inevitably, mistakes are sometimes made.

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