A decision by the Law Society of Ireland to ban solicitors from acting for more than one party in the transfer of property has been criticised by one of the country’s main farming organisations.
The Irish Creamery Milk Suppliers Association has said that the measure could double the cost of transferring a farm within families.
However, speaking on RTÉ's News at One, Law Society Director General Ken Murphy said the measure will give legal status to a long-standing recommendation aimed at ensuring the protection of the elderly.
Mr Murphy said the status quo, allowing one solicitor represent two family members, had been widely criticised.
He said: "It will avoid now certain criticisms that have been made by senior judicial figures.
“It was described as highly undesirable by distinguished former president of the High Court Mr Justice Declan Costello, and we were also influenced by a major study ... undertaken by the HSE and UCD.”
He said the report showed that "94% of financial abuse of the elderly is carried out by family members, and that different types of financial abuse of the elderly included being forced or misled to sign over ownership of a home or property against their will".
On the same programme, ICMSA President John Comer described the move as "using a sledgehammer to crack a nut" and said that he did not believe that cases of elder abuse are as prominent as it seems.
He added that there were concerns about the manner in which this ban, which would have such a significant impact on people, was being introduced.
Mr Comer said: "The bigger issue is, is it acceptable that the Law Society is allowed to pass law that could be interpreted as being beneficial to its members without any Dáil debate or anything like that?
“Remember the Incorporated Law Society are bringing this in themselves. We have 106 TDs, we have two houses of the Oireachtas and surely they should have had an opportunity to debate this."
Mr Murphy said that any enhancement in the earning power of solicitors had been greatly exaggerated.
