The Gazette 1952-1955

The following was among the business transacted : Appearance o f counsel at non-judicial tribunals. A t a meeting o f the Joint Committee with the Bar Council, the Society’s representatives had submitted that the Bar should not insist on the briefing 0f junior counsel with senior at hearings by non­ judicial tribunals, such as the Fair Trade Commission, Special Commissioners for Income Tax, etc. The Secretary reported that he had received a letter from the Hon. Sec. o f the Bar Council saying that the General Council o f the Bar had appointed a sub­ committee to consider the revision and clarification o f the rules o f the Bar as to the question o f senior counsel appearing without a junior at such tribunals and that the decision o f the General Council of the Bar on the matter would be communicated in due course. High Court on Circuit. A resolution was passed recommending the altera­ tion o f the present times o f sittings o f the High Court on Circuit, now held in the months o f March and July, to the months o f March and October, or to such other times as will provide equal half-yearly intervals between the sittings. The Society’s repre­ sentatives on the Superior Courts Rules Committee were asked to bring the matter to the notice of the Chief Justice, the President o f the High Court and the Rules Committee. Discretion o f solicitor to employ counsel. T he Council were asked whether a solicitor has discretion without express instructions from the client when acting on a general retainer, to seek the advice o f counsel if he thinks it necessary, and whether counsel’ s fees will be allowed on taxation if employed without the client’s instructions. A Committee to which the matter had been referred reported that in their opinion, except in cases in which the retainer o f counsel is necessary, e.g., a High Court action, a solicitor acting on a general retainer from a client is not entitled without instruc­ tions from the client to seek the advice o f counsel. If counsel is employed in such a case without instructions his fees will probably not be allowed on taxation if opposed. The Council adopted the Committee’ s report. Payment o f medical, hospital and other expenses. T he Council considered a report from a Committee on the following question o f professional practice and-etiquette submitted by a member. Doctors and hospital authorities look to the plaintiff’s solicitor

for payment o f sums due to them in cases in which damages are recovered. Usually a successful plaintiff will allow the solicitor to pay these accounts, but sometimes a plaintiff demands payment o f the entire compensation, and states that he will deal with the hospital and doctors himself. There may be reason to suspect that the plaintiff will not pay the accounts in full, although they have been used for the purpose o f reaching a settlement or obtaining a verdict. I f the accounts are not paid, the creditors will blame the solicitor, and his reputation may suffer as well as the general standing o f the profession. Member asked whether in the opinion o f the Council it would be unprofessional for the solicitor to pay the accounts himself, irrespective o f the wishes o f the client where he is satisfied that they are legally and morally ^he Committee in their report, which was adopted by the Council, stated that in any case in which damages are assessed and paid on the basis o f specific claims for hospital, medical, or other pro­ fessional fees, it is not unprofessional for the solicitor for the successful claimant to pay these expenses at his own risk as to legal liability towards the client, if the validity o f the payment is disputed. The Committee merely expressed an opinion on the question o f professional practice and etiquette and expressed no view on the legal question o f civil liability towards the client. ENTRIES IN DIRECTORIES. I n the opinion of the Council, there is no objection to the insertion o f a solicitor’s name and address in a Directory (including a legal directory) provided that it is open to the whole profession (or as the case may be to all local solicitors) and that the entry has not the form or appearance o f an advertisement for the solicitor. Examples o f entries which in the view o f the Council are objectionable are those which include non-legal appointments, the names o f clients for whom a solicitor acts, the names o f solicitors or firms for whom he acts as professional agent, a description o f the particular type o f work which he is willing to undertake, such as conveyancing or advocacy or the statement “ practising in local Courts,” or languages in which correspondence will be conducted. It is, however, permissible to publish in such an entry the name o f one referee for the solicitor or his firm as the case may be. The year o f admission of a solicitor, or in the case o f a firm o f each partner may also be stated together with the usual postal and telegraphic information.

3.9