The Gazette 1961 - 64

publishers on the one hand and the Society, the Bar Council, the judges and the Departments of Justice and Finance on the other hand was approved by the Council and it was resolved that the Secretary should sign on behalf of the Society the draft memorandum of agreement which was read to the meeting.

that extent the committee thought that the specialist may have been unintentionally misled.

Company nameplates outside solicitor's office A member asked for the opinion of the Council as to whether there would be any objection to his having nameplates of the offices of the various companies for which he acts as registrar at his letterbox. He stated that several companies had their registered office at his office and he pointed out that correspondence addressed to these companies frequently went astray as it was delivered into one or other of the five other offices in the same building. The Council on a report from a committee were of opinion that no objection should be taken to the course suggested. At a ceremony held in the Solicitors' Buildings the President, Mr. Francis J. Lanigan, presented Admission Parchments to newly admitted solicitors. The President, addressing the gathering, said :— I have great pleasure in being here today to present certificates of enrollment to newly admitted solicitors and on behalf of the Council of the Incorporated Law Society of Ireland to welcome them to the profession. You have become Members of an old and honour able profession and one with great traditions of independence, integrity and service to the public. I am glad to have the privilege of addressing you as fellow lawyers and I do not think that in so doing I can pay you any higher compliment. A solicitor of today must be a lot more than an expounder of our law, complex as it may be. In your years of practice you will find that you will tend to be guide, philosopher and friend to your clients who will often be called upon to advise on problems of a social and personal nature. A solicitor today, quite apart from the law, must know something about practically everything and I feel that the knowledge which you gain in general practice will give you a greater insight into human nature and assist you materially in advising clients who seek your assistance. To the layman the law is complex, its procedure difficult and the problems that it raises are hard to solve. We as lawyers recognize this to be so but in a complex modern society it would appear in evitable. This puts a responsibility on our profession greater than it has ever been in the past and one which 12 PRESENTATION OF ADMISSION PARCHMENTS

Solicitor's

liability

for medical

fee

for

report. Implied undertaking A member acted for an injured workman who proposed to bring an application against his former employer under the Workmans' Compensation Acts. Member wrote to a medical specialist stating as follows : "I act for the above in his claim under the Workmans' Compensation Act against X for an injury to his right eye and you operated on him and have been treating him at the Eye and Ear Hospital. In order to file his claim I require a medical report setting out his ailments and his present and future condition. Will you please send me such a report at your convenience with a note of your fee which I hope to provide for you on termination of the proceedings." A report was furnished by the specialist from which it was clear that the application would fail together with an account for £5 55. Member replied stating that he had hoped to base his claim under the Workmans' Compensation Acts but in view of the report he did not propose to do so. He further stated that he had no funds to discharge the account. The specialist replied stating that the report had been sent on the understanding that member would be responsible for his fee and he insisted that the amount be paid. The specialist raised the matter with the Society and asked for a ruling to transmit to his professional association of which he was honorary secretary. Member stated to the Society that he had given no personal undertaking, that he supplied the name and address of the client when writing and stated clearly that he was acting on behalf of the client. The Council on a report from a committee were of the opinion (a) that there was no personal undertaking and (ft) having regard to the particular wording used by member in the cor respondence with the specialist, "will you please send me such a report at your convenience with a note of your fee which I hope to provide for you on termination of the proceedings," member should assume personal responsibility for the fee. The committee reporting on the matter took the view that member ought, unless he intended to accept personal responsibility, to have made it clear that he would not pay the fee except in the event of the successful termination of the proceedings and to