The Gazette 1955-58

then

The meeting

acclamation.

carried with terminated.

tioned is greatly to be deplored. (2) Both the Society and the Association point out that it is unprofessional and may be illegal for either a solicitor or an auctioneer to split costs or commission in consideration of the introduction of business. The receipt by an agent of any gift or consideration as an inducement or reward for doing or forbearing to do any act in relation to his principal's affairs, or for showing or forbearing to show favour to any person in relation to such business, is a secret profit. Disclosure to the client is a defence but in the absence of disclosure and the client's consent the act is illegal and any commission so received belongs to the client. DUBLIN SOLICITORS BAR ASSOCIATION A MEETING of the Council of the Association was held on Wednesday, the ist of May, 1957. The membership of the Association at that date is 243. Mr. C. G. Vanston, a member of the Council of the Association, has been appointed to the District Court Rules Committee. Mr. P. F. O'Reilly, a former member of the Association, has been appointed a Taxing Master of the High Court. Representations have been made that normally the costs of both a successful defence and a successful counterclaim should be allowed in the Circuit Court, and the result is awaited. The next meeting of the Council of the Association was fixed for the 5th of June, 1957. DECISIONS OF PROFESSIONAL INTEREST Solicitor's authority to receive moneys and give discharge therefor. The plaintiff's motor car had been damaged in a collision with the defendant's tractor, and the defendant admitted liability. The plaintiff con sulted K., who was the solicitor for his insurance company, as such solicitor. K. was not his usual solicitor. K. conducted negotiations by corres pondence with the defendant's insurance company which resulted in a compromise being reached. No proceedings had been instituted and K. was not on record. The compromise provided that the defendant should pay the sum of £185 155. od., comprising £170 os. 5

EXAMINATION RESULTS

AT intending apprentices to solicitors held on April i5th and i6th. The following candidate passed the examination : Thomas Dillon A. Leetch. Two candidates attended. EXAMINATION DATES Examination Date. Intermediate Book-keeping First & Second Irish First Law Final Preliminary RELATIONS BETWEEN SOLICITORS AND AUCTIONEERS FOLLOWING representations received from a pro vincial bar association the Council approached the Irish Auctioneers and Estate Agents Association with a view to joint action by the Society and the Association to discourage certain objectionable practices. The matter falls under two heads (i) Standing arrangements between solicitors and auctioneers whereby each party habitually employs the other for clients' business. It is pointed out that such arrangements are objectionable. A solicitor may be asked by a client to advise as to the standing or competence of a particular auctioneer and it would be within the normal scope of the solicitor's duty to tender such advice if asked, but it is not in accordance with proper professional practice and the duty which a solicitor owes to a client to influence clients in diverting business towards a particular auctioneer. Where there is a reciprocal understanding or arrangement with the auctioneer such conduct on the part of a solicitor may very well fall within the prohibition against unfair attraction of business contained in the Solicitors' Act 1954 (Professional Practice Conduct and Discipline) Regulations, 1955. The Irish Auction eers' and Estate Agents' Association take the view that it forms no part of an auctioneer's duty to 'advise vendors or purchasers of property as to the selection of a particular solicitor and that any arrangement or understanding of the kind men­ the Preliminary Examination for Last day for notice. June nth - i3th May 2ist June 13th May zist September 3rd August I2th June 28th, 29th June yth Sept. 6 th & 7th Aug. nth Sept. 2nd & 3rd Aug. i2th Sept. 2nd to 4th Aug. i2th Sept. 3rd & 4th Aug.