The Gazette 1967/71

In order to be in a position to submit the sort of factual statistical information which a Commission of this sort is likely to require we have carried out an office survey which we hope will be of assistance to us when we have to appear before the Commission. I am bound to say that the response to a questionaire was somewhat disappointing in spite of personal appeals for co operation. We have been in contact with the Department about the composition of the Commission with a view to ensuring that there is someone on the board who has a professional background as it is important that the question should not be approached solely from the point of view of the economist or civil servant. Ours is not a trade which can be geared to increased production without regard to other considerations. Solicitors certainly feel the burden of the increased costs of living like any other employer — overheads increase steadily, rents, rates, wages, office supplies and other costs all go up and in many areas of our work we are tied to outdated scales of costs. All too frequently revision of these scales lag months and even years behind the introduction of new Court rules and sanction of increased wages. Distinguished outside commentators like Professor Kaim-Caudle have said that some of the fees allowed to Solicitors are derisory. At the recent Careers Exhibition in Dun Laoghaire sponsored by Rotary the Council, with the help of Dun Laoghaire solicitors arranged for the manning of a Law Society stand and for the issue of a special booklet on How to Become a Solicitor. REGISTRY OF DEEDS The Council were pleased to note that one of the Law reform projects stated by the Minister to have reached an advanced stage was legislation to modernise the practice in the Registry of Deeds. The present requirement that a Memorial of every Deed to be registered shall be written out on parchment is certainly both antiquated and costly. It is difficult to find a member of one's staff nowadays who can write a decent readable hand on ordinary paper let alone on parch ment and in anv case, parchment is becoming in creasingly hard to obtain at any cost. We have been T,-,-,,-,:^ for a ]ong time that the changes made in the Northern Ireland Registry some years ago would be followed here. LAND REGISTRY On 1st Januarv, 1970 the Compulsory provision of the Registration of Title Act 1964 became applicable to the counties of Carlow Leix and Meath and a deputation from the Council met the Registrar of Titles. Serious problems arose for solicitors following the extension of compulsorv registration in the country. In the affected areas purchasers have often accented in the past titles which are much less than would be required for first voluntarv registration. Subject to certain exceptions these titles for first voluntary registration must start with a good root of title not less than 30 years old. It was not uncommon to deal with titles of much more recent date of commencement, particularly as one often found oneself tied down to a verv short title bv the conditions of sale. As I \mderstand the position, the Registrar of Titles will take as liber?! a view as possible of the rules but he informed a deputation from the Council that the rules were there and would have to be observed.

The second matter is the necessity of the production of original title deeds which can be quite an expensive operation. Where a known title has been registered in respect of one part of the property all subsequent dealings with other parts of the property held under the same title could be registered by reference to the first dealing. It will not be necessary to procure production of the title deeds on anything but the first dealing with the title. If new rules are made one thing could be done which would ease the situation considerably. Under Rule 19 (3) where registration is compulsory and the purchase money of the property does not exceed £2 000 the Registrar may, if he thinks fit, register a title as absolute on production of a certificate by a solicitor at the expense of the applicant to the effect that he investigated the title and made the searches and is satisfied that the conveyance validly vested the property in the applicant. The relevant value should be increased to £10,000 as the figure of £2,000 in the rules is out of date. This proceduce would go a long way towards minimising the difficulties to which I have referred. SOLICITORS' BENEVOLENT ASSOCIATION Recently I had the privilege of seconding the adoption of the annual report. Anyone who has had experience of the work of the Council on the Registrars and Compensation Fund Committees will know of cases where human frailty has led to situations where widows and families of solicitors are left in pitiable circumsances. In these days of fierce competition and rising costs it is often very difficult for a self-employed professional man to provide for old age or for an unexpected break down of health or to make adequate provision for dependents on his death. The Solicitors' Benevolent Association investigates and helps every such case that is brought to its notice and can onlv do this by virtue of the financial support of every solicitor and solicitor inspired benefactors. LEGAL AID Legal aid both criminal and civil becomes ever more necessary but as you know we only have criminal legal aid here. The original scale of charges prescribed was admittedlv inadequate and the figure of a 25 per cent increase was accepted by the Council on a temporary basis. Even this increase has not been brought in and more and more solicitors are taking their names off the panel. The decision to join or resign from the scheme is a matter for the individual solicitor. The Bar are not in the scheme except for legally aided persons who are in custody and in such cases a barrister on the panel will act without fee as the Bar Council regard the prescribed scale as1 inadequate. The absence of full facilities for the defence have made the position almost untenable for the individual solicitor who is on the Legal Aid Panel. In view of the difficulty of manning the Criminal Legal Act Aid Scheme owing to lack of proper State finance it is clear that the promised C'"il Legal Aid Scheme is still a long wav off. For this reason the Council welcomed the Free Legal Advice Centres which were set up bv law students on their own initiative with practical help from the Dublin Solicitors Bar Association ?nd support from this Societv and from the Bar Council. I hope the enthusiasm of the founders will not be allowed to wane.