The Gazette 1967/71

Commission scale fee and administration In reply whether the commission scale fee includes to an enquiry from members as

Eunan McCarron, Brendan A. McGrath, Dan O'Gonnor, Augustus Cullen, Peter E. O'Connell, Thomas Jackson, John Garrigan. The following was among the business trans acted : Personal undertaking—"Net proceeds of sale" A solicitor gave an undertaking to another solici tor on behalf of a creditor of his client that the amount of the creditor's claim would be paid from the net proceeds of sale. The solicitor had in his client account a sum of £1,500 at the date of the undertaking, and the amount due to the company was ascertained at £1,435 3 9. It was subsequently ascertained that the deposit receipt had earned interest amounting to £30 16 9. Costs were also incurred by the creditor company and due to their own solicitors. A question arose as to whether the creditor company was entitled to receive the amount of the interest in addition to the amount of the deposit and to pay thereout their claim and the costs of their own solicitor. The Council on submission to arbitration held that the term "net proceeds of sale" did not include interest on deposit receipt. The solicitor who gave the undertaking was not responsible to pay the interest to the creditor, but was accoun table to his own client therefor. Conflict of interest: Member acted for vendor and purchaser of pro perty sold. The vendor resides in the United States. During the course of the transaction the vendor sought to withdraw, stating that time was of the essence of the contract, and that the purchaser's failure to complete by a specified date entitled him to annul the agreement. Member who did not agree with his view, stated that the vendor would probably refuse to complete. He sought the Society's guidance as to whether he is entitled to act for the purchaser in an action for specific performance against the vendor. The Council stated that if litigation develops, member would not be entitled to act for either party having regard to the confidential relationship in which he stood towards each client. Retainer: In answer to an enquiry by a member, the Coun cil stated that a retainer is a fee paid to ensure a first claim on the services of the solicitor. It is charged in addition to the proper fee for work done in a particuoar case. The Council recom mend that the retainer should be (a) reasonable, (b) agreed in advance and embodied in a written contract between the solicitor and the client.

to

the

costs of having a personal

representative regis

tered

in

the Land Registry as

the owner of

premises which form part of the deceased. The Council state that the commission scale fee is only a guide and in considering whether fees should be charged for any special work in addition to the commission scale fee the question is whether the commission scale fee plus the additional fees would tax. Costs of probate—meaning of value A member enquired whether the fees laid down by Part 5 of appendix W of the rules of the Superior Courts for extraction of probate under seal etc., calculated by reference to value are to be charged om the artificial value of registered land or on market value. The artificial value sworn for probate is rateable valuation multi plied by fifty. The further question arose as to whether the Society's circular recommending 3 commission scale fee for administration of assets is to be calculated on the artificial value or the market value of registered land. The Council on report of the committee stated that the scale fee for extracting etc. under Part 5, appendix W of the Rules of the Superior Courts is chargeable on the value as sworn for probate i.e. rateable valuation + fifty. If the unofficial commission scale recommended by the Council is applicable it is chargeable on market value. Particulars Delivered The Council in reply to an enquiry stated that the P.D. stamp does not affect the validity of a deed or its registration once it has been registered. If the Registrar of Titles accepts a transfer without the P.D. form the parties are not concerned. The solicitor is entitled to charge for all work neces sarily done. The necessity does not arise in the case of registered land if the Registrar of Titles accepts a transfer without the P.D. form the parties are not concerned. The solicitor is entit led to charge for all work necessarily done. The necessity does not arise in the case of registered land if the Registrar of Titles accepts the deed for registration without the P.D. stamp. The position would be otherwise if a building society, chargee or any other party entitled insist on the P.D. stamp. DUBLIN SOLICITORS' BAR ASSOCIATION The Dublin Solicitors' Bar Association at their Annual General Meeting held.on the 16th-Octo- 50 the estate of