The Gazette 1955-58

functioning. I hope that this state of affairs will soon change and that the local solicitors concerned will take steps as soon as possible to reconstitute the Associations, or if that is not feasible or possible if their numbers are too small I hope they will join some Association in an adjoining district or county. In the February Number of the GAZETTE of our Society, you will no doubt have read a state ment directed to be published by the Council for the guidance of the profession dealing with the position of a solicitor who acts for both vendor and purchaser in a sale of property. As a general principle, the Council laid it down that in their opinion it is undesirable that any solicitor should act for both vendor and purchaser, and that to act for both parties in any case where there is a conflict of interest is clearly improper. I personally feel very strongly about this matter, but in spite of that I can see the contrary point of view. In my opinion it is wrong for any solicitor to act for both vendor and purchaser. In a sale there is nearly always a conflict of interest between vendor and purchaser, and acting on the principle that " No man can serve two masters " and also having regard to my experience as a solicitor during the past 32 years, I have no hesitation in expressing my personal view in this matter. I realise that following this precept a solicitor may lose a client on occasions, but I have every confidence in stating that for every client he loses he will gain one. As you probably know, there are several bar associations throughout the country whose rules prohibit a solicitor from acting for vendor and purchaser in a sale, except in very small transac tions, where the consideration is in the region of £200 or less, and there is always now the risk since the passing of the Solicitors Act, 1954, that a solicitor in a transaction of this kind acting for more than one party might find himself contraven ing the Professional Practice Regulations. In a recent judgment given in England where an action was taken for negligence against a solicitor who had acted for both vendor and purchaser, the judge who heard the case in the course of his judgment said " It seems to me practically impos sible for a solicitor to do his duty to each client properly when he tries to act for both vendor and purchaser," and in an earlier case a judge when giving judgment stated, inter alia, referring to the action of a solicitor, " It will be his fault for mixing himself up with a transaction in which he has two

entirely inconsistent interests, and solicitors who try to act for both vendor and purchaser must appreciate that they run a very -serious risk of liability to one or the other owing to the duties and obligations which such a curious relation puts upon them." Recently a new Society was formed in Dublin known as The Medico-Legal Society. This Society I understand has been formed for the purpose of promoting medico-legal knowledge which is coming more and more into our daily lives and into the public eye. The annual subscription is £i is. od. and full particulars may be obtained from the Hon. Secretary, Mr. M. Leech, Solicitor, 4 Chancery Place, Dublin. In these times the professions should as much as possible co-operate with each other and this Society gives us an opportunity to advance that co-operation. In my opinion this Society is worthy of the support of our members, and I hope that as many as can possibly do so will join. Incidentally membership is also open to solicitor's apprentices. Like many members of our profession, I am a member of the Solicitors' Benevolent Association, and have been a member for the last 31 years. Recently by virtue of my office as President of your Society, I had the honour and privilege of being asked to attend the annual general meeting of the Association for the purpose of seconding the adoption of the annual report; in consequence of being asked to perform this duty I read the annual report of the Association more carefully than I have ever done previously, and I was rather shocked to observe that there were still a consider able number of the profession, both North and South, who were not members of the Association. There were in fact over 1,000 solicitors who were not members. That figure in effect means that the majority of the profession in the whole of Ireland do not subscribe to the funds of the Association. I think you will agree with me that that is not as it should be. The Association has to depend on the support of the members, and while the directors of the Association do their best to spread the resources of the Association, it is felt that in view of the cost of living to-day the amounts they dispense are inadequate. The amounts of the respective annuities and grants made by the Association must of course be governed by the annual income, and if this was increased such annuities and grants would be much larger. I strongly appeal to all members of the profession to join, so that the funds of the Association will be increased. The annual sub- 5