The Gazette 1955-58

(v) having regard to the fact that counsel his no legal remedy for recovery of fees a solicitor should as a matter of etiquette with counsel furnish his bill of costs and obtain payment of the fees from the client within a reasonable time unless he elects to pay the fees personally before reimbursement by the client. TRUSTEE (AUTHORISED INVEST MENTS) ACT, 1958 THE provisions of this Act will come into force three months after the passing of the Act, i.e., on the ist July, 1958 (Sect. 7 (3) ). The act makes important changes in the law relating to trustee investments and should be studied by members. COSTS OF LEASE URBAN property was held under a lease dated i9th March, 1842, for a, term of 100 years at the yearly adjusted rent of £18 155. od. The lessee was entitled to a new lease under Part 3 of the Landlord and Tenant Act, 1931 as amended, and the lease was negotiated for a term of 99 years at the yearly rent of £125, lessee to pay all rates on R.V. £35, to carry out all repairs and to insure for £4,500. The parties asked the Council to decide on which scale the costs should be charged. The Council on a report from a Committee which considered an auctioneer's valua tion made for the purpose of the negotiations for the lease (in which it was stated that a yearly rent of £180 could have been obtained if Part III of the Act had not applied) stated that on the facts submitted they were of the opinion that the lease is a long lease not at a rack rent. DECISIONS OF PROFESSIONAL INTEREST Instructions for brief where liability admitted late. The case of A v. B (kindly supplied by a member) was an action brought for damages for breach of statutory duty by, and the negligence of, the defendents in their factory in Finglas, when the plaintiff was injured and had to have three fingers of his left had amputated as a result of the user of insecurely- fenced machinery in the factory. The plenary summons was issued in February 1956, the statement of claim was delivered in June 1956, the defence delivered in December 1956, and the action set down for trial in January 1957. The defendants at first pleaded that the plaintiff was guilty of negligence, contributory negligence, breach of statutory duty, common employment, and "violent! non fit injuria " but in February 1957, the defendants withdrew all these issues for trial other than the amount of damages. Meanwhile senior counsel for IOJ

A MEETING of the Council was held on Wednesday znd April 1958. The Law Agent to the Dublin Corporation has suggested that if in cases in which the Corporation is mortgagee, a copy of the Lease were lodged as well as the original, then he can lend out the original when any subsequent transfer is going through. Thus, the difficulty of not being able to obtain the original lease, and the possible delay in having the original lease specially copied, will be obviated. As a result of representations made by the Associa tion, the Legal Diary is now appearing with a smaller and clearer type face, and should be able to contain longer lists, especially those relating to the Dublin Circuit Court. The attention of members is drawn to the re commended standard procedure for house purchase mortgages. Paragraph 6 of that procedure, and paragraph 4 of the hints annexed should be read as though they did not contain any reference to the marking good of cheques. The Council has also considered the upkeep and cleanliness of certain Court Rooms, the operation of the Four Courts Restaurant, and the relative in accessibility of Court Number 9 in Chancery Place. The next meeting was fixed for Wednesday yth May 1958. COUNSEL'S FEES. PROFESSIONAL LIABILITY OF SOLICITORS THE Council have decided to publish the following statement for the guidance of practitioners. The matter falls under two heads (a) the disciplinary rule and (b) the rule of etiquette. As regards (<•/) where a solicitor has received counsel's fees from the client or a third party, failure to pay the fees to counsel when due may amount to mis conduct. As regards (b) (i) the rule of etiquette is an obligation of honour and applies whether or not counsel's fees have been received by the solicitor but it must be construed in the light of the circum stances and of any understandings between counsel and solicitor in the course of practice, (ii) a solicitor is personally responsible to counsel for the proper professional fees. (iii) if on the acceptance of the briefs a fee has been marked on the brief and agreed with counsel that fee is the proper professional fee. (iv) if the fee has not been marked and agreed as aforesaid the proper professional fee means a reasonable fee, and, prima facie, the test is the amount allowed or which would be allowed on taxation of the solicitor's costs.