The Gazette 1955-58

Vol. 49 No. 8

FEBRUARY, 1956

THE GAZETTE of the INCORPORATED LAW SOCIETY OF IRELAND

President DERMOT P. SHAW

Secretary ERIC A. PLUNKETT

Vice-Presidents RALPH J. WALKER GEORGE G. OVEREND

FOR CIRCULATION AMONG MEMBERS

MEETINGS OF THE COUNCIL. JANUARY i ZTH : The President in the Chair. Also present: Francis J. Gallagher, Thomas O'Reilly, William J. Norman, Terence de Vere White, Cornelius J. Daly, F. X. Burke, H. St. J. Blake, Ralph J. Walker, R. McD. Taylor, Francis J. Lanigan, Desmond J. Collins, Patrick R. Boyd, Joseph P. Tyrrell, Patrick F. O'Reilly, John "R. Halpin, Derrick M. Martin, James R. Quirke, Scan O'hUadhaigh, Peter E. O'Connell, John J. Sheil, Francis J. Gearty, Charles J. Downing, John J. Nash, George A. Nolan, James J. O'Connor, George G. Overend, Dermot P. Shaw, John Carrigan, Arthur Cox, Desmond Mayne, Joseph Barrett, Niall S. Gaffney. The following was among the business transacted : Clients' Privilege. A MEMBER wrote stating that his deceased partner had handled a client's business and received pro fessional communications. Litigation had followed

between the client and a third party and member's firm was no longer acting. He had been summoned as a witness to give evidence as to the conversations between the former client and the deceased partner and enquired whether the communications were privileged. The Council were of opinion that the communications are privileged and the privilege must be claimed. The client is entitled to waive the privilege. If directed by the judge member must testify. In another case member acted for a client on a sale and proceedings have been brought against the client arising out of the matter. Member was not acting in the proceedings. In the client's defence she made allegations of deceit and -Fraud against member who had been summoned by the plaintiff to give evidence. He enquired whether he is entitled to do so or whether the privilege had been waived by the allegations made against him by the former client. The Council were of opinion that the client had probably waived the privilege by implica tion by making allegations against her former solicitor and that member was probably entitled to