The Gazette 1967/71

James A. Murphy, 2 High Street, Wexford. Patrick H. Murtagh, B.A. (Mod.) (T.C.D.), "Shrule", Ballymahon Rd., Athlone, Co. West- meath. Patrick J. McCarthy, Garralacka House, Clona- kilty, Co. Cork (Silver Medal). Gratton Neville, 2 Sandford Park, Dublin 6. Donough H. O'Connor, B.C.L., LL.B., 15 Fair- House, Cashel, Co. Tipperary. Gerrard M. F. O'Keeffe, Rockmount, Mallow, Co. Cork. Raymond M. O'Neill, Raphoe, Co. Donegal. Rose M. O'Regan, B.C.L., Snugville, Skibbereen, Co. Cork. Anthony F. O'Rourke, B.C.L., 37 High Street, Balbriggan, Co. Dublin. Robin A. W. Peilow, 27 Whitebeam Road, Clon- skeagh, Dublin 14. Dudley Potter, B.A., LL.B., "Bannff", Portmarnock, Co. Dublin. Esmond Reilly, "Eldervale", Bettystown, Co. Meath. Niall Sheehy, B.C.L., LL.B. (N.U.I.), Foxfield, Patrickswell, Co. Limerick. A CRITICAL APPRAISAL OF THE PRICES AND INCOMES BOARD'S REPORT ON SOLICITORS' REMUNERATION In their report on "Remuneration of Solicitors" (cmd 3529) published on the 8th February, the National Board for Prices and Incomes have by no means confined themselves to proposals for changes in solicitors' charges. They have, in addition to their recommendations in respect of solicitors' fees for conveyancing and county court work, made a number of suggestions (hardly any of which could be described as novel as they have nearly all been the subject of consideration from time to time by the Council of the Law Society) for changes in the pattern of solicitors' practices and even in the structure of the legal profession itself. That they have thought fit to make suggestions of this nature rather than to concentrate on the level of charges which solicitors are authorised to make, need cause no surprise. The Board have built up quite a reputation for tendentious obser vations and were unlikely to resist the temptation field Park, Rathgar, Dublin 6. Fachtna O'Driscoll, B.C.L., Douglas Road, Cork. James M. O'Dwyer, B.C.L. "Droum", Cross (N.U.I.), Killeen This article is reproduced from The Law Society's Gazette, with the kind permis sion of the author, printers and publishers

to continue in the same vein when confronted for the first time with an inquiry into the earnings of a profession. Indeed their terms of reference were sufficiently widely drawn to be almost an invitation to them to take this line, as there had been referred to them for examination "the question of all rele vant factors affecting the professional earnings of solicitors". Although there were added "having regard in particular to work done in the county courts and on business to which the scales of costs prescribed by the Solicitors Remuneration Orders apply", these words were clearly not treated by the Board as limitative; they have accordingly gone beyond what they stated in paragraph seven of their report to be "the proper criterion for looking at the price of a service" namely "whether it pro duces a profit adequate to secure the investment of the necessary resources, which in this case are trained manpower, and secures an efficient allo cation of those resources". They have "concluded that our reference relates to such monopoly rights as may be conferred on solicitors by law, monopoly practices as solicitors may have chosen to develop them, and to restrictions on the extension of solici tors' activities as may arise either from law or practice"; Provided presumably (although the Board do not specifically say so) that such matters can be said to have a bearing, directly or indirectly, on solicitors' incomes. The Principal Recommendations It is not intended in this article to list all the recommendations made in the Prices and Incomes Board's report. Those which have a direct bearing on solicitors' charges can, however, be briefly stated aand are : (a) County Court (i) That there should be an increase in solici tors' charges "so that in total an increase of about fifty-five per cent in income from county court work results for the present level of work"—it being left to the County Court Rules Committee to consider how indi vidual fees should be adjusted to achieve this. (ii) That solicitors' charges for divorce work in the county court "should be consistent with our recommendation for an increase in the level of county court income". (b) Conveyancing (iii) That there should be an increase in convey ancing scale charges for transactions below £2,000. (iv) That there should be a reduction of six per 16