The Gazette 1961 - 64

and the solicitors would now be entitled to act for H. in the pending proceedings. Registration of Title Bill, 1963 The Council approved of a memorandum to the Minister for Justice on various aspects of the Bill. Solicitors' remuneration The Council decided to make an application to the various committees for an increase of iz|% to be added as a percentage to solicitors' bills of costs in all matters not included in the commission scale fees. High Court costs The President of the High Court issued a direction sometime ago that in ward of court matters pending on ist January, 1963, the scale of costs in appendix W of the Rules of the Superior Courts, i<)6z, is to apply to business transacted on or after that date. A similar direction has also been given in bank ruptcy matters. The Council decided to make an application to the President of the High Court for a similar direction in regard to matters in the Examiner's office. BOOK-KEEPING FOR SOLICITORS' OFFICES Hand-written carbon copy ledger posting It is very rare, nowadays, to come across a solicitor's office where no up-to-date aids to efficiency are in use. However, the facts show that, while modern machines and equipment have replaced quill pens and paraffin lamps, there has been very little mechanisation or modernisation in the cash office Many solicitors are probably aware of the need to modernise their accounting procedures but hesitate to do anything about it because they feel that mechanisation will prove expensive. However, many hand-written procedures are, even today, highly efficient and, if properly designed, will not necessarily involve expensive equipment, but will include the majority of the benefits of mechanised systems. Much can be done to ease the pressure on a cashier, but first it is necessary to ascertain how much of his work can be simplified or eliminated without having an adverse effect on the result. Once this has been done, a system can be designed which will ensure that all the necessary operations are carried out quickly and easily and which may, if required, increase the amount of information available, without increasing the work load. The old, well tried and trusted methods are undoubtedly sound in principle but are now breaking

Medical reports The Council considered a report from a com mittee on a case in which a medical practitioner, who is a surgeon on the staff of a Health Authority hospital, refused to furnish medical reports on the condition of a patient in the hospital which were required for the purpose of proceedings. No question of the surgeon's fee arose and no reason could be ascertained for his refusal to co-operate. As he is not a member of the I.M.A. that body could take no action in the matter. Member was advised to consider bringing the matter before the Medical Registration Council and if advised, taking the matter up with the Minister for Health insofar as the functions of the Health Authority are within the competence of his Department. Bank executor-trustee department On a report from a committee the Council decided to take up with two banks the question of the proper procedure as regards wills deposited with the executor and trustee department for safe custody. In the cases concerned it was stated that closed envelopes containing wills deposited by solicitors had been opened by the executor and trustee departments without consultation with the solicitors concerned. Change of solicitor—Procedure Member stated that he had received a notice from three clients instructing him to hand over docu ments to the same solicitor and he asked whether he might write to the clients concerned for an explanation before handing over the document. The Council on a report from a committee stated that member was entitled to write to the clients asking for verification of the instructions to hand over the documents but not further or otherwise. Conflict of interest Members acted for S. the owner of the freehold and G. the lessee in 1960 on the purchase of the freehold reversion of a lease under which G. paid a yearly rent of j/-. In 1963 proceedings were instituted by G. against H. in relation to a right of way claimed by H. over the property of G. the subject of the transaction in 1960. The solicitors who acted for G. in 1958 were instructed by H. in the present proceedings. G. objected to her former solicitors acting for H. alleging a conflict of interest. The Council on a report from a committee stated that if the right of way was not involved in the purchase of the freehold reversion in 1958 no conflict of interest appeared in the present matter,