The Gazette 1955-58

lord & Tenant Acts. The Council adopted a report from the Committee which stated that the lease

Contractors' bonds with local authorities. COUNSEL'S opinion was taken on the question whether it is illegal for a local authority or an employee of the authority to draw up contractors' bonds. Counsel advised that such a bond is a docu ment relating to personal estate within the meaning of Section 58 of the Solicitors Act, 1954, and that an employee of a local authority is not a public officer within the meaning of the exception in the section. An employee of a local authority commits an offence against the section if he prepares such a document as part of his paid duties. The local authority would also be liable if there was evidence of the receipt of any fee or reward by the authority. As regards the employee, the expectation of fee or reward in the form of his salary would be suffic ient to bring him within the prohibition of the Act. Reversionary Leases Bill, 1956. THE Committee considered a report drawn up by Mr. Overend. The report was adopted with certain amendments for submission to the Depart ment of Justice. " Off the record" conversation with defendant. THE solicitor for a plaintiff was approached by the defendant who at that time had no solicitor, and a conversation followed, expressed to be off the record in which the defendant made certain admissions. Member enquired whether (a) he should continue to act for the plaintiff and (b) whether he may use the admissions. The Council expressed the opinion, that as member consented to receive " off the record " communications from the defendant, he should not act further in the matter. If another solicitor is instructed, he should not attend Court as a witness for the plaintiff unless summoned and if summoned should ask for and follow the directions of the Court. Costs of debt collections. A MEMBER acting for a debt collecting agency asked for a waiver which will enable him to charge direct outlay only with a sum to cover scrivenery and overhead expenses where proceedings have been instituted but the debt is irrecoverable. The matter was considered by the Committee which referred the matter to the Council. The Council decided that no waiver should be issued to enable a solicitor to act for a debt collecting or other agency and to charge less than the statutory Court costs in any case, whether the debt is irrecoverable 68

is a long lease not at a rack rent. Rectification of title. Scale fee.

A MEMBER acted for both parties on a sale and purchase in which the consideration was small and did not serve any notice of election to charge under Schedule 2. During the investigation of the title it was found that the vendor's title which was passed by another solicitor some years ago was defective, and there was considerable work in having the title rectified. Member asked whether in the opinion of the Council, he will be entitled to charge for the work under Schedule 2 apart from and in addition to the commission scale fee for the sale and purchase. Section 2 of the Solicitors Remuneration Act, 1881 authorised the Statutory Committee mentioned in the section to make general orders prescribing solicitors' remuneration in respect of business connected with sales, purchases, leases etc. Clause 2 of S.R.G.O. 1884 prescribes that the remuneration of a solicitor in respect of a business connected with completed sales, pur chases etc., should be a commission scale fee. The question therefore was whether the work of recti fying the title is connected with the sale within the meaning of the rule, or whether it can be regarded as a separate matter. In Re Baylis (1907, 2 Ch. 54) the question was whether the commission scale fee included the work of the lessor's solicitor in investigating the title of the lessee to renew a lease. The Judge said that the cases went to show that the scale fee covers everything in the way of business connected with the lease, but that the investigation of title in that case although con nected with the lease was not connected within the meaning of the Act. Clause 4 S.R.G.O. 1884, provides that the commission scale fee is exclusive of stamps, Counsels' fees and other items including other work occasioned by changes in the course of any business. The Council adopted a report from the Committee stating that in their opinion, on the facts stated, the work of rectifying the title is covered by the commission scale fee. Reciprocity of judgments between Ireland and Great Britain. IT was decided to make representations to the Department of Justice in favour of legislation providing for reciprocity between Ireland and Great Britain as regards money judgments. It was pointed out that reciprocity already exists with respect to the execution of awards under the Arbitration Act, 1954.