The Gazette 1955-58

5. A solicitor shall not, directly or indirectly, apply for or seek instructions for professional business or do in connection with his practice any act or thing which can reasonably be regarded as touting or advertising or as calculated unfairly to attract business. A solicitor shall not permit to be done on his behalf in connection with his practice, or by a client for whom he proposes to act, anything which if done by the solicitor himself would be a breach of this regulation, and it shall be the duty of a solicitor to make reasonable enquiry before accepting instructions, either from the client or any person dealing with the client, for the purpose of ascertaining whether the acceptance of such instruc tions would involve a breach of this regulation. 6. A solicitor shall not hold himself out or allow himself to be held out directly or indirectly by name or other wise as being prepared to do professional business in contentious matters at less than the scale fees fixed by rules of Court and in non-contentious matters at less than the scale of charges, if any, fixed by general orders made under the Solicitors' Remuneration Act, 1881, or rules made under the Registration of Title Act, 1891, as amended, in force for the time being, or such lower scale as may be authorised by the Council for any particular class or classes of work. 7. A solicitor shall not agree to share with any person not being either a solicitor qualified to practise or a duly qualified legal agent in another country his profit costs in respect of any business, either conten tious or non-contentious, provided always that— (a) a solicitor carrying on practice on his own account may, with the written permission of the Council (which may be withheld or granted either un conditionally or subject to conditions), agree to pay an annuity or other sum out of the profits to a retired partner or predecessor or the depend ants or legal personal representatives of a deceased partner or predecessor ; (b) a solicitor who is employed full time in consideration of a salary to do the legal work exclusively of an employer who is not a solicitor may agree with such employer to set off profit costs received in respect of contentious business from the opponents of such employer, or the costs paid to him as the solicitor for such employer by third parties in respect of non-contentious business, against, (i) the salary so paid or payable to him and (ii) the reasonable office expenses incurred by such employer in connection with such solicitor (and to the extent of such salary and expenses). 8. A solicitor shall not accept an appointment by or act as solicitor for any client or body other than the, State on the basis that he will be remunerated by a fixed salary irrespective of the amount of work per formed or to be performed by him as solicitor for such client or body unless such solicitor shall hold a whole-time appointment under a contract which provides that he shall act exclusively as solicitor for such client or body. 9. The Council shall have power to waive in writing the application of any of the provisions of these regulations in any particular case. 10. The Committee or Council of a Bar Association on receiving information of facts which would, in their opinion, if proved, constitute a breach by a solicitor of any of these regulations, or misconduct within the meaning of section 14 of the Solicitors Act, 1954,

shall bring such matters to the notice of the Society for investigation. Signed on behalf of the Incorporated Law Society of Ireland this 2ist day of July, 1955. THOMAS A. O'REILLY, President of the Incorporated Law Society of Ireland. CORRESPONDENCE. The following letter has been received from a member relating to solicitor's costs. " I read with interest the article on solicitor's costs for contentious and non-contentious work. There is a matter relating to contentious work which needs the attention of solicitors generally. A solicitor is not entitled to any party and party costs for work done prior to the issue of a summons and is not entitled to charge party and party for a proper investigation of evidence etc., until he serves Notice of Trial. He gets a nominal fee for instruc tions for Summons and if no Notice of Trial is served he may be allowed a maximum of £15 155. for instructions for Statement of Claim although if he had served Notice of Trial he might be entitled to ten times that amount or more for instructions for Briefs. The Taxing Masters claim that a solicitor need not do substantial work for his action until Notice of Trial is served. This appears to be a formalistic view not based on realities as a careful solicitor will not deliver a Statement of Claim without investigating the available evidence and proofs." • RECENT LEGAL LITERATURE. Part II—February to July, 1955. Advertisement for Claims Distribution : " Re Aldhous "— (Law Notes, August, 1955). Aggregation and small estates (Mason)— (The Conveyancer, July-August, 1955). Alterations to licensed Premises— ($•]., 3oth July, - Alumni of Hague International Law Academy— Seventh Congress— (Inf. & Compar. L.()-, July, Annual General Meeting of Bar : Attorney- General's statement— (S-J., i3th July, 1955). Anomalies in the Law of Conversion (Gordon)— (L.Q.K., July, 1955). Appeals on Questions of Fact (Goodhart)— (L.Q.K., July, I955)- Agents Continuing Commission— (The Solicitor May, I955)- Assignment of Hire Purchase Contracts :— " United Dominions Trust v. Parkway Motors " (The Solicitor, August, 1955). 33