The Gazette 1955-58

less £40 taxed off. If the new system were in opera tion a considerable part of this expense could be saved. If in addition a county manager (who from his experience of dealing with bills from year to year is something of an expert) were authorised in his discretion to settle his solicitor's bill of costs without taxation a further saving could have been effected. Taxation would, of course, be available if neces sary. Generally speaking the present system, out moded as it is and not used by any other profession, results in an undue dependence of the solicitors' profession on a small number of costs drawers in Dublin who are paid by commission. This is not a good thing either for members of the profession, who should be independent, or for their clients. Commission and scrivenery charges are dispro portionate as the above example shows. Delays in having bills drawn and furnished due to the shortage of competent costs drawers may run into many months. The costs drawers' association have recently sought to impose on the profession a scale of charges varying from 5% to 7^% on the gross amount of a solicitor's bill including disbursements paid by the solicitor. This may work out at 20% to 30% of a solicitor's net profit costs after payment of disbursements and overhead office expenses. The result is that a small body of men might receive for their services in preparing solicitors, bills in particular cases approximately one fourth of the amount which the solicitor receives in each case as net profit (and before payment of income tax) for doing all the professional work involved in the bill. 9. It is stated in the anonymous memorandum that the new system would result in a loss of court fees in the Taxing Office. It should be pointed out however, that these fees are added to the bill and paid by the client. In the instance cited in paragraph 8 the fees would amount to £39.0.0. The Council regard these fees as exorbitant and, in so far as they must be first paid by the solicitor and later collected from the client, as an unfair imposition on the profession. It is submitted that even if the new system resulted in some loss of revenue from fee stamps in the Taxing Office it would be in considerable in proportion to all court fees collected. 10. The old system was discarded in England in 1953. It was discarded in Northern Ireland in 1955 as regards the fee for instructions in non-

contentious matters. In the Solicitors Bill 1957 which has passed the first reading in the House of Commons in Northern Ireland there is provision in Section 40 that a solicitor may, in respect of any non-contentious business carried out by him, charge and recover such remuneration as is fair and reasonable having regard to any schedule for the time being published by the Incorporated Law Society of Northern Ireland under Section 41 and the relevant circumstances, which are similar to those enumerated in paragraph 3 of this memoran dum. Section 41 provides that the Law Society of Northern Ireland may from time to time publish schedules prescribing the remuneration which shall be regarded as fair and reasonable and by Section 42 the Taxing master is to have regard to such schedules. If this bill is enacted the position of the profession in Northern Ireland will be more favourable than that sought in the present memoran dum for the profession in the Twenty-six Counties. As far as can be ascertained the system of item charges which it is now sought to abolish never existed outside these islands and certain British possessions. It has been abolished in Great Britain and is in course of abolition in Northern Ireland. 2.(,tb July, 1957. Solicitors Buildings, Four Courts, DUBLIN. DINNER DANCE A DINNER Dance for members and their friends will be held in the Ballroom, Shelbourne Hotel, Dublin on Thursday 2ist November, the date of the Ordinary General Meeting. Further particulars will be published in the August issue of the Society's Gazette. Applications for members will be dealt with in order of receipt. Members may apply for tickets for friends. The price of tickets will not exceed £i 55. per head to include dinner and dance. Applications for tickets should not be made until after the next announcement. PROGRAMME OF LECTURES 1957-.r ° COURSE A. Company Law and Administration of Estates. 50 lectures delivered as follows :— Michaelmas Sittings—18 ; Hilary Sittings—22 ; Easter Sittings—10 ; Minimum attendance for credit is, Michaelmas—14; Hilary—17; Easter —7. Lectures each Monday and Thursday at 2.15 o'clock save where otherwise notified. 28