The Gazette 1961 - 64

examiner law and practice and criminal law in place of Dr. Counahan who has resigned. Mr. O'Connor was admitted in Michaelmas term 1955 and he practises at 72 St. Stephen's Green, Dublin. Solicitor instructed in proceedings in respect of a claim for which there is no proper legal basis A member acted for a statutory body against a member of the public for recoupment of part of the expenses for rendering certain services to dependents of the defendant. The amount sought was stated to be just and reasonable and the defendant would appear to be morally bound to pay it. Owing to what appeared to be a matter of inadvertence in the drafting of the relevant statutes the liability sought to be enforced is not in fact imposed by the statute on the defendant and member had to advise his clients, therefore, that the claim was not legally sound and that the defendant could raise a perfect defence to it. Nevertheless the clients instructed member to issue a civil bill and this was done. No defence was entered and member was instructed to mark judgment. His clients would have to swear an affidavit of debt that the money was " actually due and owing" and assuming that they were prepared to swear this affidavit member enquired if he was justified in filing it in the proper office. Member believed that in so far as the affidavit of debt purported to state that the money was legally due it was in fact false. The Council, on a report from a committee, were of the opinion that the solicitor should not proceed any further in the matter. Member could not be a party to the filing of an affidavit which would use the court machinery to cause an obvious miscarriage of justice. If, however, there was a scintilla of argument in favour of the claim on legal grounds member would not be obliged to act as a judge a.gainst his own client and might file the affidavit. If there is no scintilla of legal argument in favour of the claim he should refuse to act further. Application by a solicitor for a client's Land Certificate in order to exercise a lien for costs A member acted for a defendant in an equity suit in the Circuit Court which related to the title to registered land. The court found in favour of the plaintiff and a decree was given. On his client's instructions member served a notice of appeal to the High Court on circuit and when the time came near for the hearing of the appeal he asked his client to make a payment towards his costs as it was in tort contract commercial

felt that it would be necessary to brief senior counsel. No reply was received by member to his letter and he could not get any further instructions from his client. The client did not appear at all at the sitting of the High Court on circuit and was not represented and as member was on record he appeared and informed the court that he had no further instruc tions. The High Court accordingly on the hearing of the plaintiff's evidence confirmed the order of the Circuit Court. Member has furnished to his client a bill of costs in respect of the Circuit Court pro ceedings and appeal but his request for payment has been ignored. He stated that his retainer was never actually withdrawn and he enquired if he would be within his rights in applying on behalf of his client for the land certificate (which has not yet been issued) in respect of the lands which were the subject matter of the action, presumably to exercise over it his lien for costs. He would apply as solicitor for the registered owner, his client. The Council, on a report from a committee, were of opinion that on the facts given by member his client, although the registered owner, might not be the full owner of the lands. In the circumstances member should not apply for the land certificate. ORDINARY GENERAL MEETING The General Meeting of the Society was held in the Great Southern Hotel, Bundoran, on Saturday, the 18th May, 1963. The President, Mr. Francis J. Lanigan, took the chair. The notice convening the meeting was taken as read and the minutes ot the last meeting held on the 23rd November 1962 were also taken as read. Mr. J. O'Doherty, Chairman of the Bundoran Urban District Council, and Mr. Gallagher, Vice- President of the Donegal Solicitors' Association welcomed the Society to Bundoran. The President, speaking in reply, said :— Mr. O'Doherty, Mr. Gallagher and members of the Incorporated Law Society, I am very glad to rise to reply on behalf of our members to the welcome extended to us by your Mr. O'Doherty on behalf of the people of Bundoran in your capacity as Chairman of the Bundoran Urban District Council and by Mr. Gallagher as Vice-President of the Donegal Solicitors' Association. This is the third time that the half yearly meeting of the Society has been held outside Dublin. As you will recollect four years ago the first departure was to Killarney under the presidency of Mr. John Halpin, two years ago the meeting was held in Galway under the presidency of Mr. Ralph J. Walker. Each of these ventures was an outstanding success and encouraged our Council to leave the Capital again this year. Having been to the south and west it is now only fitting that a visit be paid to the most northern county in Ireland and I am grateful to the members of the Donegal Solicitors' Association who have done so much to ensure the success of this weekend and to see to the comfort and enjoyment of those attending. They have been tireless and painstaking in doing all the hard