The Gazette 1958-61

possibility of group insurance by members against liability for negligence. Professional Practice Regulation 6 On a report from a committee a waiver was issued to a solicitor for a bank to enable him to act also as solicitor for a wholly owned subsidiary company. Road Traffic Acts. Costs of Defending prosecutions A member wrote drawing attention to the fees paid by insurance companies to solicitors for defend ing traffic prosecutions and submitting that the fees are inadequate. It was decided to issue a circular to the Bar associations asking for information as to the fees paid and for their views. Solicitor-executor. Costs of assent to specific devise A member is sole executor of will which contains a specific devise of certain lands occupied by the devisee. The executor has not yet assented to the devisee and will probably not be in a position to do so for some time. The devisee with the approval of the executor sold a building site on part of the lands and the solicitor executor was asked to execute an assent drawn up by the solicitor acting for the devisee. He enquired whether he would be entitled to charge a fee therefor and whether the fee if payable should be charged against the estate or paid by the devisee. The Council on a report from a committee stated that the assent required appeared to be a special assent dealing only with part of the property devised. Assuming that the will contains the usual clause entitling the solicitor-executor to be paid his costs the committee are of opinion that the costs of approving the assent should be paid by the devisee. LIABILITY TO RATES OF RENTS PAY- ABLE OUT OF PREMISES USED FOR PUBLIC OR CHARITABLE PURPOSES THE Society made representations to the Depart ment of Local Government that legislation should be enacted changing the present law whereby a rent issuing out of property used for charitable or public purposes is assessed for rates at half the standard rate, the property itself being exempt. It was stated by the Department that according to the available information relatively few people are adversely affected through the operation of the law as it stands. The Council would be obliged if members who act for clients who are adversely affected by the present law would supply particulars 74

John Carrigan, Ralph J. Walker, R. McD. Taylor, Dermot P. Shaw, Peter E. O'Connell. The following was among the business transacted : Final Examination and Scholarships. Trans itional Arrangements On a report from the Court of Examiners it was decided that candidates at the present Final Exam ination (which will continue until Summer 1960 when the new Second and Third Law Examinations will be substituted) will be exempted from subjects passed at the First Law Examination (i.e., the law of contract property and tort) but that candidates availing of this exemption will not be eligible for scholarship or medal awards. The exemption is in the theory papers only. It does not apply to the questions on conveyancing, landlaw, company law and applications of the law of property and contract. Application under section 36 (2) On the report from the Court of Examiners permission to take a second apprentice was granted to a solicitor in special circumstances disclosed. Client's privilege against disclosure A member acted for the personal representative (since deceased) of a deceased person and holds monies forming part of the estate in his client's account on the instructions of the personal re presentative. He received a claim on behalf of a public authority to pay over the money in discharge of the maintenance of the original deceased in a public institution. No further representation has been raised and member has no client to instruct him. He inquired whether any question of privilege arose which would prevent him from complying with the request and asked for guidance from the Council. The Council expressed the opinion that no question of privilege appeared to arise and that member should consider paying the money into A committee submitted a report on advertisements appearing in a Dublin evening newspaper on behalf of builders, some of which appeared to suggest that the solicitor for the builder will act also for the purchaser or lessee free of charge. Consideration was postponed and it was decided to send the matter to the Dublin Solicitors' Bar Association for their view. Professional Negligence Indemnity On a report from a committee the Council decided to authorise an insurance broker to investigate the Court under the Trustee Acts. Builders' Advertisements