The Gazette 1958-61

Part-time legal agencies The council adopted a report from a committee on the subject of the employment by solicitors of legal agencies offering clerical services on a part- time basis. The report is printed at page 54 of this issue. Offer to undertake professional business at less than the commission charges Information submitted by the Secretary to a com mittee were considered and it was decided to refer the matter to the Registrar's Committee for con sideration and any appropriate action. Medical witnesses' fees A committee reported to the council on the following facts : Members acting for the defendant in proceedings in a local Circuit Court asked a medical witness to attend to give evidence and accepted responsibility for his fees. The witness was also summoned to attend Court on subpoena by the plaintiff's solicitor who paid a fee of £15 i;s. od., with the subpoena. He attended and gave evidence and the action was dismissed with costs against the plaintiff. He subsequently sent a bill for 40 guineas to the defendant's solicitor giving credit for £15 155. od. received from the plaintiff's solicitor. The County Registrar allowed a fee of 25 guineas for the witness as sufficient and deducted 15 guineas certifying for the balance. The distance travelled by the witness was 36 miles and the case was finished before the luncheon interval. Member asked for the guidance of the Society as to whether he was personally liable for 25 guineas being the sum of 40 guineas claimed less the amount paid by the plaintiff's solicitor. The council adopted a report from the committee which stated that (a) member was personally liable on his undertaking to pay a reasonable fee and (b) the sum of 25 guineas fixed by the County Registrar was reasonable; (c~) member was liable for 25 guineas with credit for 15 guineas already paid by the plaintiff's solicitor. Change of solicitor A member of a trade union retained the solicitor for the trade union to act for him in common law proceedings for damages. He subsequently decided to instruct other solicitors who asked for the papers. The first solicitor offered to hand them over on receipt of a cheque for £15 155. od., costs to date and was unwilling to accept the personal under taking by the second solicitor instructed. The latter enquired whether there was any professional objec tion to his proceeding with the case without pro viding for the first solicitor's fees. The client is without funds. The council on a report fronj a 48

Employment of press reporter as law clerk On .the question submitted by a committee the Council replied that a solicitor should not employ in his office as a law clerk a person who reports Court cases for the newspapers. Solicitors' Remuneration Order General Order 1960 The Secretary stated that a general order made by the statutory body under the Solicitors' Remunera tion Act 1881 dealing with costs of non-contentious business, other than business to which the com mission scale fee applies, was laid before each house of the Oireachtas and would come into operation on the expiration of a statutory period of one month from the first sitting day of the Dail and Seanad. Costs of High Court proceedings The Secretary stated that a memorandum and draft scale of costs of proceedings in the High Court had been sent to the Superior Courts Rules Com mittee for consideration. One of the chief objects of the memorandum and draft scales of costs is to simplify bills of costs by reducing the number of items. At an adjourned meeting of the Council held on October I3th the report of the Court of Examiners on the results of the second and third law examina tions was adopted and the results were declared. The Council also awarded the Overend and Findlater scholarships. October zyth : The President in the Chair, also present Messrs. Arthur Cox, John Maher, Eunan McCarron, Augustus Cullen, Frank Armstrong, Thomas A. O'Reilly, Reginald J. Nolan, Francis J. Lanigan, Dinnen B. Gilmore, James J. O'Connor, George G. Overend, James R. Green, Peter D. M. Prentice, John J. Shell, Patrick Noonan, Gerald Y. Goldberg, Thomas V. O'Connor, George Nolan, James W. O'Donovan, Niall S. Gaffney, Dermot P. Shaw, John Carrigan, John R. Halpin, Ralph J. Walker, Cornelius J. Daly, Terence De Vere White, John B. Jermyn, Peter E. O'Connell, John Kelly. The following was among the business trans acted : Taxation of costs under the Labourers Acts The Secretary reported that arrangements have been made with the Department of Local Govern ment that county managers will be asked to settle bills of costs without taxation pending the solution of difficulties which have arisen in regard to taxation of such bills.