The Gazette 1958-61

paring of affidavits and also as to the costs of transmission on intestacy to include preparing deed of release. Reference was made to clause 10 (i) (iii) of the Land Registration Costs Rules 1954. The Council on a report from a Committee express the view that the appropriate charges are as follows :— (1) registration of grant of probate or letters of administration and work incidental thereto, two and one third times the charges prescribed by clause 2 (t) S.R.G.O. 1884 in accordance with clause 10 (2) Land Registration Solicitor Costs Rules 1954. (2) transfer by the personal representatives to a beneficiary the scale charges in the second schedule Land Registration (Solicitors Costs) Rules 1954. (3) deed of release from the beneficiaries to the personal representatives the same charges as in (i) above. Restrictive conditions of sale A Committee of the Council submitted a report on a number of complaints received from members as to the inclusion in agreements for sale or con ditions of sale of clauses in unduly restricting the right of the purchaser to obtain a marketable title. In some cases vendors sought to impose on the purchasers the whole or part of the vendors' costs of deducing title. It was decided to draw the attention of members to the statements already published in the Gazette that agreements which unduly restrict the right of the purchaser to inves tigate the title or throw the whole or part of the vendor's costs on the purchaser are not in the interests either of the profession or the public. Such practices result in criticism of solicitors' charges, and make it difficult to justify the commission scale fee. On a particular question submitted the Council decided that the contract should not deprive the purchaser of the right to a sealed and certified copy of the land registry folio or a certified copy of a superior lease containing restrictive covenants. Both these documents should be furnished by and at the expense of the vendor. Advertisements by builders A Committee reported that a news feature in one of the Dublin evening newspapers relating to the sale of newly built houses in Dublin included statements with reference to the costs which might lead to a contravention of the provisions of the Solicitors' Act 1954 (Professional Practice Conduct and Discipline) Regulations 1955. Article 5 of the Regulations provides that a solicitor shall

not directly or indirectly. ... do in connection with his practice any act or thing which can reason ably be regarded as advertising or as calculated unfairly to attract business and that 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 the regulations, and further provides that it is the duty of a solicitor to make reasonable enquiry before accepting instruct ions, either from the client or any person dealing with the client, for the purpose of ascertaining whether the acceptance of such instructions would involve a breach of the regulations. The news feature and some of the advertisements published in connection with it contained statements calculated to suggest to purchasers that the vendor or lessor would pay the costs of the purchaser—lessee. This was stated not so much directly as by implication. The Council considered that the news feature and advertisements are objectionable and letters were sent to solicitors who are believed to act for the builders in question drawing their attention to the regulations, and in particular to the obligation to make reasonable enquiries under regulation 5 before accepting instructions. None of the solicitors had been con sulted or were parties to the advertisement or news features. Solicitor and insurance broking firm On a report from a Committee the Council stated that it is unprofessional for a solicitor to allow his name and professional description to appear on the business notepaper of a limited company carrying on business as insurance brokers of which he is a director. No reference should be made on the firm's notepaper to the solicitor's professional occupation. Professional undertaking The solicitors for a defendant in an action which was referred to arbitration gave an undertaking to pay the plaintiff's costs of the statement of claim in the following terms. " We wish to advise you that our clients are agreeable to pay the costs. We will give you our undertaking regarding payment of these and would suggest a fee of £X." The fee was not agreed at the time. The arbitrator's award was in favour of the defendants. The arbitrator decreed that each party should bear his own costs and should each be responsible for one half of the arbitrator's fee. The defendant's solicitors paid the whole of the arbitrator's fee, and the Council were asked to state whether they could set off one half of the said fee against the amount of 104