The Gazette 1958-61

Senior Counsel, brief fee increased from 20 guineas to 25 guineas. Refreshers increased from 10 guineas to 15 guineas. Junior Counsel, brief fee increased from 14 guineas to 17 guineas. Refreshers increased from 7 guineas to 10 guineas. Dublin solicitor, assignment fee increased from 10 guineas to 13 guineas. Refreshers increased from 3 guineas to 4 guineas. Country solicitor assignment fee increased from 14 guineas to 18 guineas. Refreshers increased from 4 guineas to 6 guineas. The committee were of the opinion that the fees allowed to solicitors are merely token payments and they reported that proposals should be made to the Attorney General and the Minister for Finance that the basis of the solicitors fees should be changed so that solicitors will obtain some reasonable com pensation for the time spent and direct and indirect expenses incurred in conducting the defence on the capital charge. The Council adopted the committee's report and the President and Mr. James J. O'Connor were appointed as a deputation. Accountant's office High Court A report was received from the Court and Offices Committee stating that the President of the High Court had informed a deputation that all payments out of Court directed down to July 3 ist will be made during the month of August. No orders for payment will be made during the vacation. Hire Purchase (Amendment) Bill 1957 The Costs Committee reported that the Dublin Solicitors Bar Association and the Southern Law Association had been asked to draw up proposals for new scales of costs in the Circuit and District Courts for submission to the rule making bodies consequent upon the increase in the jurisdictions of these Courts proposed under the Bill. State Solicitors On a report from a committee the Council decided to issue the following statement: (a) a State solicitor, his partner or a qualified assistant in his office should not, in the opinion of the Council, appear for a defendant where a summons is issued by the Gardai or the Attorney General, e.g., under the Road Traffic Acts, or the Intoxicating Liquor Acts ; (b) There is no objection where the prosecution is not by the State, to the State Solicitor's acting for a defendant charged with a minor offence, such as abusive language or assault merely by reason of the fact that a member of the Garda Siochana may be

Costs of extraction of grant in Northern Ireland A member instructed a Northern Ireland solicitor to act on his behalf on the usual agency basis in passing a schedule of assets and lodging the papers leading to a grant in the Probate Office, Northern Ireland. The forms were obtained by the Northern Ireland solicitor and compiled by members. The schedule of assets was subsequently passed by the Northern Ireland solicitor with the Estate Duty Office in Belfast and he then lodged the papers and obtained the Northern Ireland grant. The Northern Ireland solicitor subsequently submitted a bill for £53 33. od., being £3 35. od. for work under the Finance Act and £50 os. od., the scale fee under the Supreme Court Rules (N.I.) 1958 for extracting grants of probate, the value of the estate being £29,853 os. od. The Council was asked by member for an opinion as to (a) how the costs should be computed and (&) how the fees should be divided between the Northern Ireland solicitor and member. The Council were of the opinion that as the work related to the extraction of a grant of probate in Northern Ireland the Northern Ireland scale applies and that as the greater part of the work contemplated by the scale fee was performed by member and as the Northern Ireland solicitors merely acted in con nection with the passing of the schedule of assets and the lodgment of the papers in the Probate Office, Northern Ireland a fair division of the fee would be two thirds to member and one third to the Northern Ireland solicitor in the circumstances of the case. Solicitors' operating expenses On a report from the Policy Committee the Council appointed the President with Messrs. Ralph Walker, Eunan McCarron, Brendan A. McGrath and James J. Hickey (Messrs'. Walker and Hickey being the Society's representatives on the Superior Courts Rules committee) as a special committee to formulate proposals for the simplification of the rules and schedules of costs in contentious and non- contentious matters and a review of procedure in Government and Court offices and in solicitors' offices with the object of reducing operating expenses. Legal aid on assignments in murder cases. The Costs Committee reported that a communica tion has been received from the Attorney General's office stating that the Minister for Finance had published the following scale of fees for counsel and solicitors :