The Gazette 1946-49

Vol. 42 No. 5

November, 1948

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President: 6 HUADHA1GH

Pice-Presidents t JAMES R. QUIRKE, JOHN J. SMYTH.

Secretary: ERIC A. PLUNKETT

FOR CIRCULATION AMONG MEMBERS

MEETING OF THE COUNCIL OCTOBER 7. The President in the chair: Also present: Mr. James R. Quirke, Vice-President; Messrs. Anthony J. Malone, Francis J. Gearty, William J. Norman, Niall S. Gaffney, Daniel O'Connell, William S. Hayes, Henry P. Mayne, G. Acheson Overend, Patrick R. Boyd, William L. Duggan, Reginald J. Nolan, Roger Greene, Dermot P. Shaw, J. Travers Woulfe, Henry St. J. Blake, Arthur Cox, John P. Corrigan, Joseph P. Tyrrell, Thomas A. O'Reilly. The following was among the business trans acted :— Counsel's Fees THE Council considered a report from a committee on a difference of opinion as to counsel's fees. The facts were as follows :— In November, 1947, Mr. A., solicitor, who acted for a local authority, was instructed to act in con­

nection with the purchase of a property for £10,600, on behalf of the local authority and to employ Mr. B., barrister-at-law, to read the title. Counsel's fee was not discussed. The title was very compli cated, and it was necessary to have the conveyance completed before December ist in order to escape the new stamp duties. Counsel accepted the instructions without naming his fee. When the purchase had been completed he returned the instructions marked with a fee of 50 guineas. The County Manager refused to sanction payment of the sum and instructed Mr. A. to pay a fee of twenty guineas. Mr. B. refused to accept this. On tax ation of Mr. A's costs the fee of 50 guineas was opposed by the solicitor nominated by the County Manager to appear on the taxation of the costs. As a compromise, a fee of 30 guineas was suggested. The County Manager wrote a cheque for this amount which was tendered to counsel, but he refused to accept it. Eventually counsel's fee was withdrawn from the Bill which was taxed without it. Mr. A. requested the guidance of the Council on the follow ing points:—