The Gazette 1964/67

WORDS OF THE WISE

CIRCUIT COURT RULES, 1967

"Whenever law reform is in the air, the legal profession is in the doghouse. For lack of belief in the lawyer's ability to put the house of the law in order is a familiar and reassuring phen omenon amongst laymen."—The Hon. Mr. Justice Scarman. "There would be an end to the degrading form of bingo session which we now describe as a civil jury trial, in which the tribunal is invited to guess how long the present disability is to last, and to capitalise the value of it by multiplying by some figure—any figure, except, as the judge will always direct, such as could be justified on actuarial principles. Most of us would be glad to see the end of the. really horrible spectacle, so popular in Scotland —and in other countries, too— of grief-stricken parents asking juries for cash payments in lieu of their dead children."—Lord Kilbrandon reported in The Glasgow Herald. "Possibly lawyers inevitably set up a barrier be tween themselves and the world because their training involves them in so many of these double phrases—'will and testament,' 'assault and bat tery.' The rhythms ring in their ears till they really think that nothing is clear unless you've said it twice."—Katherine Whitehorn. ASSISTANT REQUIRED 1. During an economic slump, thus displaying a business acumen for 'slave labour'—the fact that turnover is reduced and overheads increased is purely academic. 2. Due to pressure of business (i.e. necessary at tendance at race meetings and such like). 3. Due to inability to make the office before 10.30 p.m. If the early bird catches the worm why should the principal spoil the market. 4. Necessity is the brother of intention-two typists pre World War I—two typewriters pre World War II will consider changing both prior to World War III. 5. Opportunity afforded to act as teacher to dis ciple— The fact that the disciple is more familiar with the tablets of the law shows he has no practical experience. 6. On demise of Dickensian law clerk a more youthful lackey will give the office standing— things may even stand still—but justice will seem to be done. 7. Experience in conveyancing will be essential- if contracts are carefully drawn closing dates postponed and a ready list of excuses for delay 123

These Rules (S.I. No. 37 of 1967) came into operation on 20th February, 1967 and provide for revision in the amount of fee payable to Summons Servers. Service fee is now 10/- and not 7/6 as heretofroe. The instrument may be purchase directly from the Government Publica tions Sales Office, G.P.O. Arcade, Dublin, or through any bookseller. Price sixpence. SOLICITORS' ACCOUNTS S.I. No. 44 of 1967 consolidates all previous Solicitors' Accounts Regulations from 1955- 1966 and makes certain necessary amend ments therein. Members please note these regulations supersede those set out in S.I. No. 193 of 1966 and circulated with the Februaiy issue of the GAZETTE. A MAJOR OR A MINOR MATTER? A member recently made an application for payment out of Court of monies to a former infant on the infant attaining his majority. Mem ber was astounded to be awarded costs of only £2. This figure included outlay of 10 /- on the copy Circuit Court Order and 7/6 on the Notice of Motion. The solicitor had to interview his client in the first instance and correspond with the client on a date being fixed for the hearing of the Notice of Motion. The solicitor had to attend the Court and make the application and thereafter have further necessary correspondence. His profit costs on the transaction were £1-2-6. PROFESSIONAL NEGLIGENCE — SOLICITORS The case of Neushal v Melish and Harkavy reported in the January issue of the GAZETTE (Vol. 60, No. 7) at page 94 has given rise to enquiries. Lest there was any lack of clarity as to the report contained in the previous issue of the GAZETTE the Judge, in fact, ruled that the solicitor should have disclosed knowledge of his client's character to another client or have taken alternative action. This suggests that professional secrecy is no defence to a charge of negligence where a solicitor acts for several parties with opposite interests in the same transaction.