The Gazette 1967/71

...'or twenty miles to the vendor's solicitor's office is entitled to charge his travelling expenses as disbursements it is more economical to use the postal service. It is of course obvious that a solicitor who uses the postal service in place of the traditional method of closing a ' transaction by personal attendance does so at his own risk as regards liability for negligence if the client suffers any financial loss. If for instance the solicitor for the vendor fails to send on the documents after receiving the purchase money or delays in doing so, then the pur chaser's solicitors are in great difficulty vis a vis the purchaser or the purchaser's bank if an undertaking has been given to deposit the title deeds. Cases have occurred in which there was unavoidable delay in sending on the deeds due to a time lag between completion and the release of a mortgage by a building society on the title. The legal position would appear to be that in the absence of instructions from the client the solicitor for the purchaser should not part with the purchase money except in exchange for the deeds, and the deeds should not be handed over except in exchange for a bank draft. Circumstances alter cases and in the difficult circums tances of today it is sometimes difficult to observe the hallowed traditions and practices of the past. Accepting the position where a solicitor who completes a sale or purchase otherwise than in accordance with the recognised legal practice the following minimum precautions should be taken: (a) Solicitors making arrangements for completion through the post should cover themselves by getting appropriate professional undertakings from their opposite numbers as to the time and method of discharging the various obligations on closing. (b) Breach of an undertaking by either solicitor would, prima facie, amount to misconduct under the Solicitors Acts. (c) In the absence of appropriate undertakings it cannot be postulated in advance whether or not delay in forwarding the title deeds or the pur chase money, as appropriate, would amount to mis conduct. Delays in Government Departments The profession is frequently criticised in the Dail and elsewhere on the score of delay in completion of clients' business. Sometimes this criticism is justified, particularly where a solicitor has failed to answer correspondence but in a very large number of cases there is unavoidable delay due to failure of various Government Departments to provide a satisfactory service. It is common knowledge that in the Land Registry and Estate Duty Office at the present time there is great delay, and other Departments have a variable record, the graph of delay rising and falling from time to time in accordance with the incidence of holidays, staff shortages and other circums tances. Some Government Departments have enviable records. In order to protect members from unfair criticism it is suggested that where a letter is sent to a Government Department asking for expedition or enquir ing about the state of the business or asking for an explanation of the delay a carbon copy of the letter should be mailed by the same post to the client fdr his informa tion. If this is done the solicitor will at ariy rate protect himself against unfair criticism by the particular client as the cause of any delay will be made clear to the party most vitally affected. ; .• j 48

The President reported that since the last meeting of the Council there had been two meetings, one with officials of the Department and the other with the Minister for Justice and he informed the Council of what had taken place. It was decided that the discussion of the motion should be postponed until the next meeting of the Council. Solicitors .Remuneration (Decimalisation) General Order . 1970 The Secretary reported that he had received, from the Statutory Body under the Solicitors Remuneration Act 1881 a copy of a new General Order converting the figures in the existing general orders into decimals and that no question arose. It was decided to inform the Statutory Body that the Council dp not wish to make any observations on the Order which will presumably come into operation in, the near future and will be published in the Gazette. Central Costs Committee The Secretary stated that he had been informed that the various statutory costs-fixing bodies including the statutory body under the Solicitors Remuneration Act 1881 had been asked to send representatives to meet the Minister for Justice. The question of a central costs fixing committee has already been the subject of dis cussions between the last Minister for Justice and the Society. The Secretary was directed to take steps to ensure that the" solicitor's interest on the existing rules committee should be adequately represented at any discussions with the Minister and consideration of the matter was adjourned to await further information. Builders' Advertisements The Privileges Committee reported that following representations on behalf of the Society a Dublin build ing development company which had been publishing advertisements referring to payment of mortgagee's costs on behalf of purchasers of sites had changed their practice and had altered the advertisement to state that the price is net. It was decided that no further action is necessary. Lease, Building Agreement, Mortgage—Costs On an inquiry from a member as to the proper method of charging the Council on a report from a committee stated that where a new house is purchased under a building agreement with a mortgage and a lease the correct method of charging is as follows. On the lease the commission scale fee and on any site fine and on the rent appropriate to a long lease, not 'at rack rent; on the mortgage the commission scale fee; on the building agreement and other miscellaneous work not covered by the commission scale fee, Schedule 2 charges. Completions of Sales and Purchases by Post The Council have never approved of the completion of sales and purchases through the post although it was common knowledge that in areas outside Dublin and Cork cities some solicitors have adopted this practice. Although a solicitor for a purchaser who travels fifteen