The Gazette 1961 - 64

Association have already at the Society's request sent out a circular drawing the attention of their members to the fact that it is illegal for an unqualified person to draw up a contract for sale, lease or other document relating to real or personal estate directly or indirectly in expectation of fee or award. GUARDIANSHIP OF INFANTS ACT, 1963 This Act contains very little new matter, it being largely a question of consolidation of previous statutes. However, Section 6 provides that the father and mother of an infant shall be guardians of the infant jointly. This being the logical outcome of the Supreme Court judgment in Tilson Case (1951) I.R. i. Provisions of Section 8 which are termed to be new really make provision for the appointment and removal of guardians by the Court. Section n, which deals with applications to the Court, makes provision that the Court may order the infant to have a right of access to his father or mother and that the father or mother may be required to pay towards the maintenance of the infant, such weekly or periodical sum having regard to the means of the father or mother the Court considers reasonable. Such an order may be made on the application of either parent notwithstanding the fact that the parents are residing together, but an order as to the custody and maintenance shall not be enforcible and no liability shall accrue while they reside together. Section 12 provides that the Court may vary or discharge any order previously made by the Court under Part 2 of the Act, which deals with guardianship. WORK COVERED BY RETAINER On 4th March, 1964, Mr. Justice Wilberforce ruled in the High Court in England that the Electrical Trades Union had succeeded in principle in its action against its former solicitor, Mr. Maurice Aaroh Tarlo. The Union had sought a declaration that Mr. Tarlo was entitled only to a retainer of £1,500 a year while in the Union's employment. Mr. Tarlo, who had been provided with an office and staff had his superannuation contributions paid by the Union, contended that he was also entitled to profit costs appropriate to a solicitor in private practice. It was said after the case that the Union would be entitled to recover approximately £17,000 from Mr. Tarlo. The judge also awarded the Union the costs of the seven days' hearing except a small portion attributable to the costs of an accountant called by the Union. The Costs are expected to amount to about £10,000. The Judge found that Mr, Tarlo's work on contentious matters

The Council have been in correspondence with the Irish Auctioneers' and Estate Agents' Association on the subject of their respective fields of professional activity of solicitors and auctioneers. In a recent issue of the GAZETTE members are informed that proceedings have been instituted by the Society against a house agent who had drawn up an agree ment for letting of a furnished flat, his remuneration consisting of the usual commission on the making of a letting. As the house agent refused to give an undertaking to discontinue this practice, proceedings were instituted against him by the Society and were subsequently withdrawn on his giving the desirable undertaking and indemnifying the Society against the costs of the proceeding. The Council wrote the Irish Auctioneers' and Estate Agents' Association to notify them of the proceedings and asking them to advise their members thereof, which the Association agreed to do. The Association have drawn the Council's attention to their view that solicitors should not undertake work which the Council of the Association considered to be the proper responsibility of the auctioneers and estate agents. They referred particularly to the practice of solicitors advertising properties for sale and letting by private treaty and also undertaking work normally dealt with by estate agents. The Council have replied stating that they would be unable to find themselves in agreement with the Association, if it were suggested that solicitors should not undertake land agency and rent collection work which has always been part of the normal practice of solicitors, although they cannot claim an exclusive right in it any more than auctioneers, accountants, or members of the public. With regard to the question of advertisements by solicitors offering property for sale or letting, the Council of the Society are in agreement with the Association that in the interest of the respective bodies and their members, solicitors should not hold themselves out as undertaking such work. It has, however, been pointed out to the Association that there is no legal prohibition which would prevent solicitors or any other person from advertising property for sale or letting on the instructions of clients, and that cases do occur in which clients may direct solicitors to perform this work. The Council have stated that members of the Society who have been so instructed by their clients could not legitimately refuse to accept instructions having regard to the particular relations which exist between solicitors and their clients. Subject thereto, the Council wish to recommend to members of the Society that solicitors should not undertake the work of advertising property for sale or letting without direct instructions from clients. The