The Gazette 1955-58

asked to form a sub-committee to consider reports from Bar Associatioas and draw up a memorandum for the Commission. ORDINARY GENERAL MEETING. A GENERAL MEETING of the Society was held in the Society's Library on Thursday, loth May, 1956. The President Mr. Dermot P. Shaw in the Chair- The following members of the Society signed their names as being present: Ralph J. Walker, Vice. President; George G. Overend, Vice-President; Henry St. J. Blake, Patrick R. Boyd, Francis X. Burke, Desmond J. Collins, Arthur Cox, Charles J. Downing, Niall S. Gaffhey, Francis J. Gearty, John R. Halpin, Desmond J. Mayne, John J. Nash, William J. Norman, Peter E. O'Connell, James J. O'Connor, Scan O hUadhaigh, Patrick F. O'ReiUy, Thomas A. O'ReiUy, James R. Quirke, John J. Shell, Robert Mc.D. Taylor, Joseph P. Tyrrell, Terence de Vere White, Derrick M. Martin, Reginald J. Nolan, Christopher E. Callan, John B. Jermyn. T. Desmond McLaughlin, Richard J. McDonnell, Brendan J. Wallace, John Maher, Kevin Burke, David R. Pigot, James J. Hickey, David R. Pigot (Junr.), Desmond Moran, Hyman Tarlo, John J. Kennedy, Gabriel F. Haughton. The notice convening the meeting was by per mission taken as read. The Minutes of the Ordinary General Meeting held on 24th November, 1955 were read confirmed and signed by the Chairman. The Chairman announced that he nominated the following members of the Society to act as scrutineers of the ballot for election of the council to be held on i5th November, 1956 :—John R. McC. Blakeney, James R. Green, Thomas Jackson, Brendan P. McCormack, Roderick J. Tierney. The President addressing the meeting said :— Obituary. SINCE the last General Meeting of the Society in November, 1955, we have with regret to record the deaths of our members : Robert Hayes (Dublin), Samuel G. Rutherford (Dublin), John L. Keane (Youghal), Mark F. Conroy (Galway), H. V. Bantry White (Dublin), Ignatius J. Rice (Dublin), Jerome J. Ronayne (Midleton), Francis Devine (Dublin), Joseph P. Walsh (former Secretary of the Department of External Affairs, and one time Ambassador to the Holy See), James Harte (Kilkenny), Louis A. Meldon (Dublin), David Fleming (Charleville), John J. Walsh (Drogheda), John L. Kealy (Drogheda). To their relatives and friends, I would express our sincere sympathy. I must also refer to the loss we have sustained by the tragic death of Colonel Blair Mayne, Secretary of the Northern Ireland

covered the question of liability for fees of other experts such as engineers and actuaries. The Council considered the matter from two aspects, vi^. (a) the solicitor's legal liability if any, (b) the solicitor's obligation as a matter of professional conduct and etiquette apart from the question of legal liability. As regards (#) counsel stated that, apart from any expressed or implied undertaking, a solicitor is not legally liable for fees of medical witnesses for treatment, or medical reports or fees for attending court or for fees of other expert witnesses for reports and attending court where the solicitor acts as agent for a disclosed principal—the client. A special case may arise where the money received by the solicitor is paid to him as a result of an agreed settlement of the client's claim. In such case the defendant occasionally requires an undertaking by the solicitor that the statutory liability imposed upon the defendant under Section 174 of the Road Traffic Act, 1933 will be discharged out of the settlement monies, but this is only one instance of the rule that a solicitor must carry out an under taking given expressly or by implication. As regards (b) the Council decided that the solicitor's liability as a matter of professions 1 etiquette should DC co-extensive with his legal liability, although a solicitor may voluntarily accept wider obligations towards witnesses. In this connection reference was made to the Council's statement published in the Society's Gazette for November 1954, page 39, on the question of payment of medical hospital and other expenses. The Council there stated that in any case in which damages are assessed and paid on the basis of specific claims for hospital, medical or other professional fees ;/ is not unprofessional for the solicitor for a successful claimant to pay these expenses at his own risk as to legal liability towards the client if the claim is disputed. The Council in that statement merely expressed an opinion on the question of professional practice and etiquette and expressed no view on the legal question of civil liability towards the client. The question put to Counsel and extracts from his opinion will be issued to members with the Gazette at an early date. Debt Collecting Agencies. Fees payable to solicitors. THE Council expressed the opinion that the minimum fee for enquiries on behalf of a trade protection association should be £i is. It was decided to inform members and also the agencies carrying on business in Ireland. Workmen's Compensation Commission. MESSRS. T. A. O'Reilly and J. J. Nash of the Council with Messrs. C. A. Boyle and E. O. Knapp were