The Gazette 1958-61

knowledge of the client's intention. An administra tion bond was issued by a private person to guarantee the due administration of the estate. In reply to a request for guidance the Council on a report from the Committee stated that member should insist either (a) that the proceeds of the sale should be paid to him for distribution to the beneficiaries, or, alternatively (b) should notify the administrator that he will refuse to act and will notify the bondsmen and the beneficiaries. If the sale does take place through member, he should notify the bondsmen and the beneficiaries of the price and the circum stances, and the client should be advised thereof in advance. Formation of limited companies by un qualified persons On a report from a Committee, it was decided that particulars of any cases received by the Secretary of-the formation of companies by unqualified persons contrary to section 58 of the Solicitors Act, 1954, should be submitted to the appropriate Committee for action. Lectures by solicitors On a report from a Committee, the Council stated that there was no professional objection to the delivery by a member of a lecture on a legal subject in a Workers College for trade unionists, and the publication of the lecture for members ofthe College in a brochure, giving member's professional qualifi cation. FEBRUARY IOTH : The President in the Chair. Also present, Messrs. Thomas A. O'Reilly, Desmond Moran, Charles Hyland, James B. MacGarry, Desmond J. Collins, George A- Nolan, Niall S. Gaffney, John R. Halpin, George G. Overend, John Maher, James J. O'Connor, Eunan McCarron, Augustus Cullen, Robert McD. Taylor, Terence De Vere White, Francis J. Lanigan, Peter E. O'Connell, James R. C. Green, Dinnen B. Gilmore, Cornelius J. Daly, John Carrigan, Arthur Cox, Peter D. M. Prentice, James W. O'Donovan, John J. Shell, John J. Nash, Reginald J. Nolan, Patrick Noonan. The following was among the business transacted: Practising certificates It was decided to draw the attention of members to the fact that the clients of a solicitor who practises without a certificate are not protected by the Com pensation Fund. Under section 21 of the Solicitors (Amendment) Act, 1960, the Society has a discretion to make or refuse to make a grant in such cases in respect of any losses suffered which would other wise give rise to a claim against the Fund. It was decided that members should be advised to display

Solicitors to bodies corporate The Council considered on a Report from the Court of Examiners applications from two whole- time solicitors to bodies corporate for permission to take apprentices under section 29 of the Solicitors Act. In one case the application was granted in special circumstances disclosed. The other applica tion was refused. Ambulance chasing The Council considered a draft regulation sub mitted by a Committee to be made under section 71 of the Solicitors Act, 1954. After discussion, the matter was referred back to the Committee for further consideration. Solicitors acting for both parties in convey ancing matters The following resolution received from a Bar Association was considered on a report from the Committee. This meeting being satisfied thatitis in the common interests of the general public and solicitors' 'profession that the practice of a solicitor acting for both vendor and purchaser in certain conveyancing transactions, is dangerous and undesirable and should be curtailed or prohibited, resolved that the Council of the Incorporated Law Society of Ireland be and is .hereby requested to consider the matter, and if satisfied that it is desirable practicable to curtail or prohibit such practice, to introduce a rule to implement such decision. It was decided that a circular should be sent to each of the Bar Associations to ascertain their views and that no action will be taken until all com munications received from the Associations have been considered. Contemplated fraud by client. Duty of solicitor A member acted for a client who was registered in 1925 as the owner of certain lands for the purpose of administration of the estate of his father, the previous registered owner. The client now wishes to transfer the lands to his own son and the only method will be to obtain the consent of the next-of- kin to the transfer, or to sell the lands in the course of administration for full value. The client wishes to take the second course. Member is aware that the client will, as a private arrangement, return the amount of the cheque to his son after the latter's title has been registered, thereby committing a fraud on the beneficiaries. Member will have 110 connection with the transaction after the conveyancing business has been finished, but he wishes to be advised as to his professional position, having regard to his