I was interested to note the comment of Derek French in your recent article on referral fees (see [2004] Gazette, 7 October, 1). He claims that 'on a matter of such importance to the profession, the council cannot ignore such a strongly held view'. I do not wish to comment on the result of the ballot, as I contributed by returning my ballot.


However, Mr French should take more interest in the issue's mathematics. If the matter was so important to the profession, why did only 17% respond? Of the 17% who did respond, 73.5% voted to reinstate the ban. This means that only about 13% of those entitled to vote expressed a preference against referral fees. On the usual democratic principles, this must represent a mandate. However, Mr French cannot extrapolate from the figures that the view of the profession, as a whole, was strongly held.



Put simply, five out of six solicitors did not bother to vote.



Jonathan McAreavey, Devine & Co, Ellesmore Port, Cheshire