The Gazette 1955-58

or not. The Council referred to a Committee the consideration of a fair scale of charges for corres pondence before or after termination of Court proceedings. Circuit Court Rules Committee. MR. JOSEPH P. TYRRELL was reappointed as one of the Society's representatives on the Committee. Workmen's Compensation Commission. A DRAFT memorandum settled by a Committee of the Council was approved. FEBRUARY yra : The President in the Chair. Also present Messrs. Thomas A. O'Reilly, Desmond J. Mayne, James R. Quirke, Reginald J. Nolan, Cornelius J. Daly, Francis J. Lannigan, John R. Halpin, Derrick M. Martin, Arthur Cox, John Carrigan, P. R. Boyd, Henry St. J. Blake, Desmond J. Collins, Peter E. O'Connell, Francis J. Gearty, C. E. Callan, Charles J. Downing, Scan O'hUadhaigh, Joseph P. Tyrrell, Terence De Vere White, George G. Overend, R. McD. Taylor, John J. Sheil. Louis Walsh. The following was among the business transacted. Solicitors' Remuneration General Orders, 1884-1951. A DRAFT submission to the statutory committee appointed under Section 4 of the Solicitors' Re muneration Act 1881 was settled. The submission asks the Committee to make a new general order providing for the new schedule 2 system outlined in the January issue of the Society's Gazette. Overend and Findlater Scholarships. DRAFT Schemes prepared by counsel for submission to the Commissioners of Charitable Donations and Bequests were approved. The general nature of the proposed new schemes was stated in the January issue of the Society's Gazette. The Border. THE Council considered a report from a Committee and the correspondence received from Bar Associa tions and individual members in reply to the state ment published in the Society's Gazette for August 1956. In that statement the Council asked for the views of members and Bar Associations on a sug gestion that mutual practice regulations should be made by the Society and the Incorporated Law Society of Northern Ireland which would prevent solicitors practising in either jurisdiction from

engaging in conveyancing or other business with respect to property in the other jurisdiction, unless covered by a practising certificate therefor. Having considered the replies received and all relevant considerations, the Council decided to make no regulation. SALE AND PURCHASE—ACTING FOR BOTH PARTIES—COSTS—CONFLICT OF INTERESTS. THE Council have considered the position of a solicitor who acts for both vendor and purchaser and publish the following statement for the guidance of the profession :— 1. In general it is undesirable that a solicitor should act for both vendor and purchaser. Special circumstances may require exceptions to the general rule. To act for both parties in any case where there is a conflict of interest is clearly improper. 2. A solicitor who acts for both parties on a sale is legally entitled to charge two commission scale fees if all the work both for vendor and purchaser contemplated by Schedule i, Part i, S.R.G.O. 1884 is substantially performed. (Wilson to Best and Best—1915 i I.R. 58. White v. Boggs —1951 I.L.T.R.I.) 3. If a solicitor acts for both parties and does not perform substantially all the work described in the schedule to the General Order he will lose one and possibly both commission scale fees and in such circumstances will have to charge under Schedule 2 instead of the commission scale fee lost. 4. There is no authority for agreeing to charge less than two separate commission scale fees or more than one, e.g., one and a half times the single fee divided between both parties. An agreement by a solicitor to act for both parties and to charge one and a half times the scale fee divided between both might be an offence against regulation 6 of the Solicitors Act 1954 (Professional Practice Conduct and Discipline) Regulations 1955 (S.I. No. 151 of 1955). A solicitor who acts for both parties and substantially performs for each the work described in the schedule to the General Order is entitled to charge the full commission scale fee to each but should allow to the purchaser the amount of the negotiation fee which is included in the commission scale fee as he could hardly negotiate the sale for each party. 5. Attention is drawn to regulation 5 of the Professional Practice Regulations cited above. The regulation provides that a solicitor shall not permit to be done on his behalf in connection with his practice or by a client for whom h& proposes to act