The Gazette 1961 - 64

commission scale fees in respect of the purchase and in respect of the mortgage provided that the work specified in the general orders is substantially carried out, but that it is not unprofessional to make a concession in the charges having regard to the duplication of work provided that it is not done for the purpose of attracting business. Commission on the Courts It was decided that a memorandum would be submitted to the Commission on the Courts on the lines of the general memorandum to various Government Departments some years ago, and that the memorandum should include the following proposals :— 1. It should be possible to file pleadings in the High Court during the vacation periods. 2. The Probate and other offices in the High Court should be open during normal office hours during vacations instead of closing at 2 p.m. as at present. Probate Office free grants The Council on a report from the Committee considered the question of delays in the Probate Office in conjunction with the free grant facilities given to the public without any limit as to the amount of the estate. It was decided that representa tions should be made to the Minister for Justice. Publication of judicial statistics It was decided that the Department of Justice should be requested to resume the publication of the judicial statistics which was discontinued in 1938. Payment of deposit to auctioneers It was reported to the Council that an auctioneer had altered conditions of sale prepared by solicitors to provide that the deposit should be paid to the auctioneer and had the conditions signed in that form. The Society also received reports of difficulties which arise where deposits are received by auction eers and advances are made by the auctioneers to the vendor from the deposit. In some cases auctioneers claimed the right to deduct shop debts from deposits received by them. It was decided that these matters should be taken up with the Irish Auctioneers, and Estates Agents, Association. Advertisements by solicitors The Irish Auctioneers, and Estate Agents, Associa tion drew the attention of the Council to a number

of advertisements to the sale of property published over solicitors' names which they submitted were in contravention of the agreed statement published by the Society in the GAZETTE, February, 1958. It was decided that this matter be included in the agenda for a meeting in the near future with the Auctioneers' Association. Road widening schemes Members drew the attention of the Society to a case in which the owner of land gave permission to a local authority to enter on the land for the purpose of road widening and accepted compensation at an agreed figure without consulting a solicitor. The document was prepared by a county engineer. The local authority subsequently refused to pay the agreed compensation because of alleged difficulties of title but the document signed contained no provision for furnishing of title or transfer of the lands and was merely a licence to enter. Two questions arose (i) whether the preparation of the document was in contravention of the Solicitors Act, 1954, Section 58; (2) whether any action is practicable in the interests of the public and the profession to prevent local authorities from obtaining the signatures of owners of documents of this kind without legal advice. It was decided to take the matter up with the Minister for the Department of Local Government. Medical reports Members drew the attention of the Council to a case in which a medical practitioner in the whole- time service of a Health Authority refused to furnish a report or to give evidence in proceedings brought by the patient arising out of an accident for which he was being treated. No question of the medical practitioner's fee arose as the solicitor was willing to give an unqualified undertaking. It was decided to take the matter up with the Irish Medical Association. Dishonest defence A member requested the guidance of the Council as to his professional duty. He acted for a client who owed a considerable sum for debts and instructed member not to give any undertaking for payment but to enter an appearance and defence to any process issued. Member is satisfied that all the debts are fairly due and that there is no defence and that the client intends to sell up and abscond. The Council advised member that he should inform the client that he would enter an appearance but would not enter a defence to any civil process issued.