The Gazette 1967/71

As regards postages, telephone calls and similar disbursements, clause 4 of the Solicitors' Remuner ation General Orders 1884-1964 consolidated, printed at page 182 of the Members' Handbook is as follows: The remuneration prescribed by Schedule 1 in this Order, is not to include stamps counsel's fees, auctioneer's or valuer's charges, travelling or hotel expenses, fees paid on searches to public offices on regis trations .... costs of extracts from any register, record, or roll, or other disburse ment reasonably and properly paid .... but shall include law stationers charges and allowances for the time of the solicitor and his clerks and for copying and parchment and all other similar disbursements. It is the view of the Council and in accordance with the long-established practice of the pro fession that the amount spent by a solicitor on postages and telephone calls for a client is just as much a chargeable disbursement as for example a search fee. The Council see no reason to alter this view. As regards agency fees for completing trans actions, it is clear that a solicitor cannot charge a scale fee and at the same time include in his bill as profit charges the fees of another solicitor who acts as his agent on the completion of a transaction or carries out other work which is covered by the scale fee. However a solicitor is entitled to charge as disbursement in his bill the amount which he reasonably spends on travelling to complete the transaction and any necessary accommodation and subsistence in accordance with clause 4 mentioned above. There is therefore no objection to his charging in his bill the amount of the agent's fees for completing a transaction provided that they do not exceed the expenses which he would have incurred in travelling and for subsistence had he attended personally to com plete the business.

and apparently accepted in the case of a wide range of business and other occupations, e.g. stockbrokers, literary agents, commodity factors, and business generally which protects itself against rising costs by fixing profit as a percentage on turnover. Solicitors, like business-men generally, are in a risk occu pation — they have not the security and pensions of salaried employees and officials. (e) Solicitors more than any other profession must transact business for a widely varying clientele from wealthy companies to individ uals with little means. Many transactions have great personal but little tangible property value — e.g. family and personal problems. It would be impossible to time-cost each case and charge on the basis of cost plus. As a matter of practical business the profession must look for its remuneration where the resources exist. (/) Nobody has properly examined the alternatives to cross-subsidisation or the consequences of its abolition. (g) The recommendation in the PIB Report that charges for smaller conveyancing deals should be increased, and charges in large deals should be reduced, will have small appeal for the poorer client. BRENDAN McGRATH, Solicitor (Reprinted from Ledrgas — The Journal of the Irish Institute of Administration — March 1970). "WHICH" ON CONVEYANCING — POSTAGES, TRAVELLING AND TELEPHONES The magazine "WHICH" (Consumers' Asso ciation) is widely read in Ireland and for this reason the recent issue which was devoted largely to conveyancing, will be of interest to Irish practitioners and their clients. That particular issue contained views which are contrary to the long-established opinion and practice of the pro fession in the following respects. These related inter alia to postages and telephone calls and agency fees on completing transactions and it was stated that they are covered by the Com mission scale fee where chargeable.

SOLICITORS APPRENTICES DEBATING SOCIETY

The Inaugural Meeting for the session 1969-70 was held in the Library, Solicitors Buildings, on Friday 24th April, 1970, when Mr. Michael S. Roche, B.C.L., delivered his inaugural address 13'