The Gazette 1967/71

It the Council cannot direct members as to how they are to conduct their business. Before taking any unusual course the instructions of the client should be obtained, preferably in writing after a full ex planation of their effect. The difficulties caused by the bank strike are not of solicitors' making and decisions as to the completion of business are ultimately business decisions of the client con cerned. In taking any course it is obviously the duty to explain fully to the client of the solicitor their legal consequences and when this had been done the decision as to the action taken for immediate completion or alternatively postpone ment of completion until banking facilities are resumed will rest on the client. CRIMINAL LEGAL AID SCHEME On the introduction of the criminal legal aid scheme in 1965 the Council after meetings with officials of the Department of Justice advised the profession to operate the scheme provisionally for a period of about two years on the scale of fees authorised by Departmental regulations. The scale was to be reviewed after the trial period. At the same time the General Council of the Bar of Ireland announced that members of the Bar would be available to operate the scheme when instructed by solicitors. There is no panel of Counsel, the principle being that the Bar as a body were members of the scheme. As the result of separate discussion between the Minister for Justice on one hand and the Society representing the solicitors' profession and the Bar Council representing the Bar, the Minister last July agreed in principle to certain increases. The increase as affecting solicitors was approx imately 25% on the original scale with certain other adjustments. The Society informed the profession of the result of the negotiations and that it was the best bargain which could be made although, in the opinion of the Council, and indeed admittedly on the part of the Minister, not at all remunerative. The decision to join or resign from the legal aid panel is an individual matter for each practitioner. The decision to join or resign from the scheme is a single decision of the Bar Council as representing the entire body of the Bar. is emphasised however that

The General Council of the Bar of Ireland recently announced thai: Counsel who are members of the Bar Library would no longer be available to operate the sceme and the Council were in formed that solicitors were now unable to obtain the services of Counsel in cases in which an accused person has obtained an order entitling him to legal aid with solicitors and counsel. This was subsequently modified to the extent that counsel will accept briefs in legal aid cases where the accused is in custody, but they will not accept any fee as long as their present disagreement with the Minister continues. In the opinion of the Council a solicitor whose name is on the legal aid panel is obliged to accept assignments on behalf of accused persons. If an assignment involves representing the accused in proceedings in the Circuit Court or High Court the solicitor may be unable to obtain the services of counsel. This will involve him in the obligation to appear personally on behalf of the Circuit Court or the High Court, subject as regards the High Court, to the permission of the Judge. This, in many cases, will impose a very heavy burden of responsibility and work on a solicitor who re mains on the panel. The decision to join or resign from the panel is a matter for the individual solicitor. SOCIETY'S GROUP INSURANCE SCHEME The Society's brokers, Coyle & Co. (Insurance) Limited, report that this scheme is receiving strong support from members. To date over 200 enquiries have been received from offices throughout the country and a substantial number of new policies have been issued. Enquiries should be directed to Mr. J. G. Carr, Coyle & Co. (Insurance) Ltd., 7, Anglesea Street, Dublin 2. BUILDING ESTATE Advance certificates as to title: The following is the proposed form of certificate to discharge requisitions on title recommended by the Council for adoption by members. It is felt that a certificate of this kind furnished by the solicitor for the builder would expedite completion by shortening requisitions on title. The adoption