The Gazette 1955-58

by unqualified persons is illegal where there is an expectation of direct or indirect remuneration, e.g., commission on letting property. The Associa tion were informed that the facts of any particular cases submitted would be investigated by the Society. OVEREND AND FINDLATER SCHOLARSHIPS. THE Council propose to make new regulations for the award of the Scholarships having regard to the new system of examinations prescribed by the Solicitors Act 1954 (Apprenticeship and Education) Regulations, 1955 and 1956. A scheme has been drawn up for submission to the Commissioners of Charitable Donations and Bequests. The Overend Scholarship is divided into two parts, one for the preliminary and the other for the final examination. The preliminary scholarship is awarded in Michaelmas Sittings each year to the candidate at the two examinations in each year who shows the best performance. The final exam ination scholarship is paid in each year to the apprentice who shows the greatest proficiency in Real Property and Conveyancing at the Society's Final Examinations in each year. It is proposed to amalgamate the preliminary and final scholarships to form one scholarship which will be awarded to the best candidate at the first law examinations in each year. It is proposed that the first award of the new scholarship will be made in Autumn, 1958. The Findlater Scholarship is at present awarded in each Autumn to the candidate who shows the greatest proficiency in law and practice at the Society's final examinations for the year ending in the previous Trinity Sittings. One scholarship is awarded each year and the winner receives a moiety of the income from the trust fund for a period of two years. It is proposed to alter the scheme by providing that the Scholarship shall be awarded to the apprentice who shows the greatest proficiency in law practice and book keeping at all the Society's examinations (excluding term examinations) throughout his entire course. Under the proposed new scheme the winners of the scholarship will be those who show the best average performance throughout their entire appren ticeship. The competition for the scholarship will be confined to winners of gold or silver medals at the Society's final examination. The date when the new scheme for the Findlater Scholarship will come into operation has not been decided but will be announced in due course. The details of both schemes for the Overend 60

(a) the complexity, importance, difficulty, rarity or urgency of the questions raised. (b) where money or property is involved its amount or value. (c) the importance of the matter to the client. (d) the skill, labour, specialised knowledge and responsibility involved therein on the part of the solicitor. (e) the number and importance of the documents perused. (/) the place where and the circumstances in which the business or any part thereof is transacted. (g) the time expended by the solicitor and his staff and the expenses incidental thereto. It was decided that the necessary memorandum in support of the application should be drawn up for submission to the statutory committee appointed under the Act. Solicitor's fee for attending on High Court proceedings either as solicitor or as witness. MR. WALKER, one of the Society's representatives on the Superior Courts Rules Committee, reported that a solicitor's fee per diem for attending at trial of an action in the High Court will be £7 js., instead of the amount of £5 55., heretofore allowed. The Committee have made a rule providing that .where a solicitor attends court in a professional capacity to give evidence a fee of £7 js. per diem should be allowed both in bankruptcy and in other divisions of the High Court but that in bankruptcy the fee must be in the discretion of the judge having regard to the amount of the assets. The rule has been submitted for the con currence of the Minister for Justice. A BAR ASSOCIATION wrote referring to the practice of certain auctioneers of using printed forms of letting agreement, stated to be inadequate and not affording proper protection to the parties concerned. -The auctioneers in question receive no special fee for drawing the agreements but get commission in letting the property. Members wish to know whether any action could be taken. On a report from a Committee the Council decided to refer the Association to the decided cases Plunkett v. O'Dwyer (Society's Gazette, July 1951), and Plunkett v. Walshe (Society's Gazette, April 1953), in which it was held that the preparation of such documents Letting Agreements drawn by unqualified persons.