The Gazette 1910-11

The Gazette of the Incorporated Law Society of Ireland.

[.DECEMBER, 1910

172

at an understanding as to the fees payable on briefs to Irish Counsel appearing in Irish Appeals to the House of Lords. The suggested conference took place in the month of June last, when those representing the General Council of the Bar put forward the view that there should be no departure from the practice that the fees in such Appeals for Irish Counsel should be one hundred guineas on the brief of Senior and fifty guineas on the brief of Junior Counsel. The representatives of the Council of this Society urged that it was not desirable to have a definite practice to govern all cases, as such a sterotyped practice as suggested by those representing the Bar might be injurious to the interests of Irish Counsel, and if followed always by Irish Solicitors might entail considerable loss to them. Subsequent to this conference the following resolution was received and correspondence passed :— RESOLUTION OF GENERAL COUNCIL OF BAR OF IRELAND: 9th June, 1910. The Council of the Bar of Ireland is of opinion that, except in cases originating in inferior Courts (as to which there does not appear to be any settled practice), the practice of the Irish Bar has been, and is, that in Appeals to the House of Lords from the Court of Appeal in Ireland the minimum fees for Counsel are, in the case of Senior Counsel £105, and in the case of Junior Counsel £52 10s. Od. Law Library, 18th June, 1910. DEAR MR. WAKELY.—In enclosing above Resolution, I am directed by the Bar Council to explain that after making exhaustive enquiries they find that the minimum fees paid to Irish Counsel have always been as stated. The Bar Council do not consider that the amount of the fees which may be accepted by Counsel of the English Bar can be deemed to affect the question. The tribunal is an Imperial tribunal, and parties are at liberty to employ English Counsel if they so desire ; but it has not been found in the past that the fees mentioned are in any way excessive or deterrent to the employ ment of Irish Counsel. The fees mentioned

are not in fact particularly remunerative, having regard to the expense incurred and to the delay and loss of time, and the fees cannot be considered solely from the point of view of what English Counsel might be ready to accept, as it will be conceded at once that Counsel practising in Ireland could not in that respect enter into competition with Counsel residing in London. The fees as stated by the Council have been the accepted and recognised fees as far back as the Council have been able to investigate, and they consider that it is in the interest of all parties that the well understood fees should continue, and that in fact it would not be fair to ask Irish Counsel to accept any smaller fees. • Unless there was some rule on the subject pressure would be put on Counsel who had been engaged in a case not to abandon it in the House of Lords although wholly inadequate fees were offered, and the Council consider that the minimum of £105 and £52 10s. Od. is very reasonable. Yours truly, (Signed), HENRY HANNA, Hon. Sec., Council of the Bar of Ireland. W. G. Wakely, Esq., Secretary, Incorporated Law Society, Four Courts. Incorporated Law Society of Ireland, Solicitors' Buildings. Four Courts, 30th June, 1910. DEAR SIR.—The Council of this Society have at present under consideration the matter of the fees payable to Irish Counsel in Appeals from Ireland to the House of Lords. The disallowance on taxation of portion of the fees paid by Irish Solicitors to their Counsel on briefs in such Appeals has given rise to the consideration of this matter. An interview has taken place between representatives of the Bar Council of Ireland and the Council of this Society, and sub sequently the Bar Council passed upon the 9th instant a resolution, o( which I enclose a copy, and that resolution was com municated to me by letter of the Hon. Secretary of the Bar Council of the 18th instant, of which I also enclose a copy. I am directed by the Council of this Society to request you to be so gocd as to inform me