Results from a recent European Commission survey reveal only 33% of member state lawyers ever use EU law in their practices and two out of three lawyers admit their knowledge of EU law is inadequate.The survey, carried out by EOS Gallup Europe on behalf of the Commission, included interviews with 635 lawyers from all EU member countries.

Philippe Van Amersfoort, administrateur for the Commission's 'Access to justice programme', told the Gazette the findings are 'worrying' because they show lawyers 'do not seem to understand how to use Community law'.

He identified as 'a major problem' lawyers who are not even aware of the fact they are 'meeting Community law' in their practices.However, he says the survey places UK lawyers in the middle of a table of EU law ignorance.

French, Italian and in some cases German lawyers have greater gaps in their knowledge and understanding of how to use EU law.

But lawyers from the Benelux countries, Denmark and, surprisingly, the newest members - Finland and Austria - are much better at making use of EU law.Mr Van Amersfoort says there is now a growing trend in the number of clients suing for professional negligence when lawyers fail to consider EU law to further a client's interest.

He says he is aware of 12 separate professional negligence cases in Scotland alone, but believes the number of similar cases in the rest of the UK is probably higher because Scottish lawyers are more EU aware and have better access to EU law material.The Commission warns that those countries perceived to be unwilling or unable to use EU law properly will find themselves commercially ostracised as more and more EU business is conducted in countries where their lawyers are more EU law aware.

The report is now being considered by a panel of legal experts from all member states meeting in Brussels.

Their findings will be taken into account by the Commission when it draws up a set of recommendations later this year which will address each member state's particular shortcomings in EU law education.Ronnie Fox is a senior partner and employment law specialist with Fox Williams.

His practice frequently brings him in contact with European law.

He says: 'You cannot operate in any field of English law properly unless you are also aware of the relevant European law.' And, because European law is regarded as 'too difficult', he believes there has been a 'great reluctance' among English lawyers to come to terms with it.As long ago as January 1992 Dr Julian Lonbay, director of the Institute of European Law at the University of Birmingham, carried out research, partly sponsored by the Law Society, which looked at the training needs of UK solicitors in relation to the EU.

In his final report he warned the profession of the dangers of ignoring its EU law responsibilities.He concluded: 'From interviews with solicitors it became clear that some of the sample knew nothing about Community law.' His research even uncovered some firms practising in fields of law with a high level of EU law content without recognising the EU law implications.

He concluded: 'This is a highly dangerous situation for a law firm which could be responsible for the consequential losses of its client.'However, the Law Society, now aware of the number of practising solicitors who do not possess the requisite EU law skills, is striving to bridge the education gap.

In July last year the Law Society's training committee approved a framework for the establishment of courses developed by individual educational institutions leading to awards of diplomas in, among other subjects, EU law.Roger Jones, chairman of the Law Society's training committee, says the Law Society has been motivated by 'the growing awareness in this country of the exposure to professional negligence' where there is a lack of understanding of how EU law operates.

Unless solicitors keep up to date, warns Mr Jones, 'there will be a danger of more and more claims upon the Solicitors Indemnity Fund'.Mr Jones acknowledges that the only way newly qualified solicitors can avoid such action and continue to compete with continental lawyers is by making European law a compulsory subject at university level.

This is something the universities are moving towards.

Adds Mr Jones: 'We have introduced changes in the expectations of students coming off law courses that will ensure European law becomes taught and taught far more widely.'At the beginning of the next academic year, says Mr Jones, European law should be a compulsory part of all law courses.

And by around 1997, students who do not have a solid understanding of EU law will be disallowed from starting the legal practice course.He says the results of the Commission's survey: 'heightens the importance of the continuing professional development requirements which the Law Society is imposing'.

From 1998 all solicitors will be required to do continuing professional development.

Mr Jones adds: 'Obviously they will be well advised to undertake a study of European law during that course of study.'However, the legal practice course has no such compulsory European law element although students do encounter certain aspects of European law in other areas.It was the Law Society's international committee which suggested EU law as a subject for priority and led to the European law practice di ploma.

Sue Eccleston, manager of the post admission training section, was a member of the steering group which took the proposals further.Says Ms Eccleston: 'We are looking at ways of encouraging attendance on courses of European law in the future.' One way, she suggests, might be to give the subject enhanced continued professional development credit, which it last had in 1992/93.

This would mean those solicitors attending a full day course in European law would be awarded extra attendance credits towards completion of the course.The Society is now waiting for the institutions' responses to the new diploma course.

If they respond quickly and positively the first courses could be under way before the end of the year.

Mr Van Amersfoort is encouraged by the efforts being made in this country.

'The UK', he says, 'is the only country where this continuing education is an obligation.'