The Gazette 1967/71

MEETINGS OF THE COUNCIL

Debt collection letters The attention of the Council was drawn to a form of letter used by a debt collecting agency demanding payment of a debt with a threat of publicity which would damage the debtor's credit rating coupled with a demand for payment of collection fees. The Council stated that such cir culars were open to objection whether issued by non-professional agencies or by solicitors. The statement was approved for release to the press. Mortgagees' requirements as to title The Council disapproved of a requirement of solicitors acting for a building society that a solicitor for the purchaser-borrower should give an undertaking to discharge all outstanding queries or additional requirements of the Land Registry to enable registration to be completed and to discharge any additional fees or outlay which might be payable over and above antici pated fees and outlay. The Council agreed with the submission of members that it is the duty of the mortgagees' solicitors to satisfy themselves as to title before advising the society to make the loan and that the onus should not rest upon the mortgagor's solicitors. Completion of sales through the post The Council, while not approving or sanction ing the practice of completion of sales through the post, stated that, where solicitors on the instruc tions of their clients adopt such a course it is necessary to obtain appropriate solicitors' under takings to ensure that the obligations on closing are duly fulfilled. The question whether failure by the solicitor for either party to carry out his obligations on closing would amount to miscon duct depends on whether the matter is covered by a satisfactory personal undertaking. PROFESSIONAL FEES FOR PROCEEDINGS ARISING OUT OF ROAD ACCIDENTS The Council decided to amend the statement published in the Society's Gazette, February 1964, and the following statement is substituted. l.In the opinion of the Society 12 guineas is the minimum proper fee which should be accepted by a member of the Society for either : (a) attending at a coroner's inquest, or (b) attending a court of summary jurisdiction to defend ;>ny proceedings under Sections

September 24th Mr. T. V. O'Connor, Vice-President, in the chair, in the President's absence; also present were : Messrs John Carrigan, George A. Nolan, John C. O'Carroll, Augustus Guile, John Maher, Senator J. J. Nash, Desmond Moran, Gerard M. Doyle, James W. O'Donovan, Norman T. J. Spendlove, Gerald J. Moloney, Peter E. O'Gonnell, Joseph L. Dundon, Patrick F. O'Don- nell, Bruce St. J. Blake, Patrick C. Moore, Walter Beatty, Christopher Hogan, Eunan McCarron, Mrs. Moya Quinlan, William A. Osborne, Patrick Noonan, W. B. Alien and Gerald Hickey. The following was among the business trans acted. Council vacancies Mr. William B. Alien, provincial delegate for Connaught, having resigned, Mr. Patrick J. McEllin, Claremorris, was co-opted as provincial delegate in place of Mr. Alien. Mr. Alien was co-opted as an ordinary member of the Council in place of Mr. William B. Cahir who recently resigned. Road Traffic prosecution—fees for defence A recommendation of the Council on the appro priate fees for defending Road Traffic prosecu tions and similar proceedings is printed in this issue of the Gazette on pages 74-75. Central Costs Committee The Council considered a report on the subject of a meeting between the Minister for Justice and representatives of the statutory rule-making com mittees and the statutory body under the Solicitors Remuneration Act, 1881, and directed that a circular reporting the position be sent out to members and to honorary secretaries of bar asso ciations. Builders' advertisements It was reported that a building development company had recently published advertisements in the daily press advertising houses for sale at a price which was stated to include all fees. Repre sentations had been made to the solicitors acting for the company and it was understood that such a reference would be omitted from future adver tisements.

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