The Gazette 1967/71

Lanisan, John Carrigan, James W. O'Donovan, Thomas V. O'Connor, Brendan A Gerald Y. Gold berg, John O'Meara, Nolan, Gerard M. Doyle, Patrick Nc B. Jermyn, Peter D. M. Prentice, Ralpl McGrath, George A. onan, John J.Walker, John Maher, Peter E. O'Connell, Richard Knight. Rory O'Connor, Augustus Cullen, O'Connor, Patrick C. Moore, Walter Eeatty, T..E. O'Donnell, Gerald Hickey, Christopi Daniel J. icr Hogan, William M. Cahir, Thomas Jackson, "Jruce St. J. Blake, Norman T. J. Spendlove. Refusal to disclose landlord's name. Members ask for guidance from the Society in a matter in which they act for tenants who wish to purchase the ground rents of houses under the . Landlord and Tenant (Ground Rents) Act 1967. The lessor's interest had changed hands several times. The present lessors are represented by solicitors who collect the ground rents." These solicitors refuse to disclose the name and address of the present landlord. Section 7 of the Act imposes a statutory obligation on the immediate ' lessor or where he cannot be found on the person receiving the rent to give certain information but there appears to be no statutory penalty for .refus ing to comply. The solicitors for the tenants ask * for the assistance of the Society. The Society informed the enquiring members that they might consider advising their clients to refuse to .pay the [ rent in which event the name of the present lessors might have to be disclosed for the purpose -of proceedings for recovery but that the responsib ility for advising the clients rested on the solicitors and that the Society could not accept responsibility If the position is as stated the ultimate remedy would lie in amending legislation. '] Responsibility for fees of foreign lawyer. Two matters were referred to the Council which raised important questions of principle • and practice as regards the liability of an Irish solicitor for the fees of a foreign lawyer instructed by him and the amount of such fees. In one case' an Irish firm instructed a Swedish lawyer to make certain enquiries and to advise on the Swedish law in relation to raising representation and recovering certain assets in Sweden. The case did not get very far and the work done was not substantial. The Swedish lawyer subbitted a bill for a fee of £82 in Irish currency. The costs drawer of the Irish firm set the work at about £15/15/0 according to our scales of costs. In the other case a difference arose between Dublin solicitors and lawyers in Malaya who were instructed to make certain enquiries and advise 30

that there should be automatic adjudication of stamp duty on building leases over ten years old. The Revenue Commissioners do not find it possible to accede to this suggestion. It is hoped however in the near future to publish a statement in the Society's Gazette agreed with the Revenue Commissioners with a view to reducing difficulties as far as possible. Disposal of assets without raising representation. Monies of a client for convenience were invested in the joint names of the client and one of the partners in a firm of solicitors. The client died. The assets were the sole property of the deceased. The value of the estate was less than £5,000. The Council in a reply to an enquiry stated that the solicitor as surviving joint owner would not contravene any rule of professional conduct in realising the property without a grant of repres entation and paying it over to the beneficiaries. Unfair attraction of business. i A building contract contained the following clauses: — 1. The contractor shall pay all legal charges of th 2 contractor's solicitors (a) in having the employer enrolled as a member of a building society (b) in connection with the conveyance of the sitJ to the employer and in connection with th; submission of title to the local authority solicitor (c) In completing all forms necessary for locd government grant and county council grant (d) In connection with the preparation and com pletion of the building contract, specificationjs -and all agreements, form or authority ani other documents arising out of the building scheme and including stamp duties and all other necessary outlay. 2. The contractor shall pay all legal charges whic i shallbe charged to the employer in connection with the small dwellings acquisition loan by thje County Council. j 3. If the employer desires to retain his owjn solicitor the employer shall be responsible for the fees of such solicitor. The Council on a request for guidance stated that these clauses should be deleted in their entirely from the building contract as constitutiing ajn inducement to purchasers to retain the contractors solicitor. i June 12th: The President in the chair, alsio present Messrs. James R. C. Green, Francis J.