The Gazette 1955-58

THE NEW SCHEDULE II. that an anonymous document has been widely circulated to members of the Dail and Seanad in an endeavour to arouse opposition to the draft Solicitors Remuneration General Order, 1957. The following is a copy of the document with a letter and memorandum in reply which the Council have sent to all deputies and senators. SOLICITORS REMUNERATION ORDER 1957 NEW SYSTEM AND METHODS OF CHARGING COSTS BY SOLICITORS THE Incorporated Law Society of Ireland (the professional Association of all Solicitors in the Republic of Ireland) having made application to the Superior Courts Rules making Committee an Order entitled as above was approved. This Order when it has been laid on the Table of Dail Eireann automatically becomes law on the expiration of one month. The effect of the Order is to remove all limitation on the amount a Solicitor may charge to his client for services rendered to Clients in all matters, other than Costs payable by third parties in proceedings before the Courts, and is in fact assumption of unbridled Control of their own remuneration by Solicitors. Two results inevitable ensue. Firstly, the delivery of the Public into the uncontrolled hands of Sol icitors, and secondly, loss of revenue to the State. Up to the present the system of charging Costs by Solicitors to Clients has been on a basis laid down in 1859 and increased by General Order from time to time—the most recent being one of 5 5 per cent, as from 1/1/52. This Schedule comprised items covering every conceivable task a Solicitor could be called upon to perform and with a stated fee, or charge for each item. Under the present existing system a Solicitor is bound to furnish to a Client a Bill of Costs showing details of the work performed for which the Costs are charged setting out dates, details of work done and charges for each separate piece of work done. So that the Client may be satisfied that the charges are fair and reasonable and that the work charged for was in fact done (as few people could even guess at this aspect of Solicitors work) he has a fundamental right to have the Bill accurately checked and this is done by way of a Taxation and measurement of the Bill by the High Court Taxing Master appointed by Statute for such purpose. On such Taxation the Solicitor must vouch all the items contained in the Bill of Costs by the production of vouching documents, and of evidence that the THE Council have learned

Instructions for will. Privilege. A MEMBER drew a will for a testator since deceased- The will is to be the subject of a probate action but member acts for none of the parties to the proceedings. He has been asked to supply to the solicitor for the next of kin a statement detailing the circumstances under which the will was drawn. He has no objection to supplying the statement but asked for the guidance of the Council on the question of privilege. On a report from a com mittee the Council expressed the opinion that member should not make any statement until proceedings have been commenced. Thereafter member might give a statement to any party inter ested on the understanding that copies will be given to the personal representatives and the other interested parties. Acquisition of practice. Solicitor's duty as to wills. A MEMBER took over the practice of another solicitor in 1944. The office safe contained'a number of wills. Member does not know some of the clients and some of the wills have never been asked for either by the testators or personal representatives. Member asked for the guidance of the Council as to the proper course with reference to these wills. On a report from a Committee the Council expressed the opinion that member should open the envelopes containing the wills and to communicate with the testators, personal representatives, or next of kin as may be necessary if the testators have died for the purpose of notifying them of the existence of the wills in question. Land Folios Registry. Commonage and appurtenant Rights. A COMMITTEE reported on correspondence received from members pointing out that the normal practice in the Land Registry is to omit commonage and appurtenant rights from Land Registry maps. Where the copy map received from the Land Regis try bears the usual certificate that the map is a true copy of the Land Registry map it may be mis leading and the Committee took the matter up with the Registrar of titles. The Registrar stated that the delineation of such rights is seldom required and they are in practice omitted in the interests of expediting the work of the Registry. If a solicitor requires to have such rights delineated they will be included on the maps without extra charge on special request. On the Committee's report it was decided to take no further action except to notify members that the additional particulars will be included •without extra charge when required.