The Gazette 1967/71

30th September 1969 with reference to the per sonal responsibility of a solicitor to counsel for the proper professional fees. If the fee was not marked and agreed the proper professional fee means a reasonable fee and prima facie the test is the amount allowed or which should be allowed on the taxation of the solicitor's costs. Member stated that it was not his practice to mark or agree counsel's fee before handing out the brief and he wanted a ruling as to (a) whether the reference to taxation of the solicitor's costs means taxation between party and party or taxation between solicitor and client, (b) what special reasons, if any, should be present to entitle counsel to a higher fee than what might be allowed by the taxing master on taxation of the plaintiff's costs. The Council on a report from a com mittee stated that (a) the reference in the state ment to taxation of costs means taxation as between party and party, (b) If counsel stipulates for certain fees on acceptance of the brief the solicitor is under a professional obligation to pay them irrespective of the party and party taxation but he should notify the client for his own pro tection. Land Act 1965—Vesting of interest in non- national A member sought guidance whether the con sent of the Land Commissron is required to a release of a mortgage to a non-national assum ing that consent had already been obtained when the property originally vested in him, in other words is the revesting of the legal estate in a mortgagor an interest within the meaning of the Land Act 1965. The Council stated that in their view the consent of the Land Commission would appear to be required and in any event it would be good practice to obtain such consent. Tenant purchase schemes, basis of costs A member who acts for a local authority asked for guidance as to the appropriate charges where the consideration for a lease to a tenant purchaser is a capital sum normally payable over a period of years, the lease also reserving a nominal yearly rent of I/-. The Council stated, subject to what is mentioned below that the solicitor is entitled to charge the commission scale fee on the fine and also the minimum commission scale fee on the rent that is £7 10s. Where the capital sum is spread over a period of years the solicitor is entitled to charge the commission scale fee on a lease not at a rack rent calculated on the maximum yearly rent payable under the lease. In addition in each case the solicitor is entitled to 116

ordinary member following the resignation of Mr. Desmond Collins. Mr. Doyle resigned from the office of extraordinary member. Mr. David R. Pigot was appointed as an extraordinary member of the Council for the Dublin Solicitors' Bar Association to fill the vacancy caused by the resignation of Mr. Doyle from this office. State Solicitor—Conflict of interests The Council on a report from a committee stated that a solicitor practising independently and also acting as a part-time qualified assistant to a State Solicitor would not be entitled to act for a defendant in any proceedings instituted by the State whether within or without the area of practice of the State solicitor. A partner in the separate office of the assistant to the State solicitor would be bound by the same restrictions. Amalgamation—Conflict of interest Two firms amalgamated. Prior to amalgamation they represented a plaintiff and defendant respec tively in certain proceedings in the Circuit Court which are ready for trial. They enquired whether the new firm may continue to act in the matter. The Council, on a report from a committee stated that the firm should act neither for plaintiff nor defendant who should be directed to separate solicitors. Personal undertaking A member on the completion of a sale gave the following undertaking : fn consideration of your completing the sale of the above premises this day I undertake to explain all acts appearing on negative search number 1390/1969 lodged by me in the above matter. The search disclosed 10 acts and member wrote his explanations thereon. The purchaser's solici tors were not satisfied with the explanations particularly with reference to a mortgage. Mem ber subsequently ascertained that there was a release of the mortgage among the title deeds. Purchaser's solicitors require member to obtain the mortgage deed to comple their client's title, and member enquired whetht. he was under obligation to do this. The Council on a report from a committee stated that he was not so obliged by virtue of the undertaking. Counsel's fees A member referred to a statement on page 22 of the Report of the Council for the year ended