The Gazette 1967/71

be accepted without putting him to further proof. Termination of retainer A member asked for guidance as to his right to terminate his retainer in a common law action where the client refused to act on the advice of counsel as to acceptance of a payment into Court and insisted on proceeding but refused to make any payment towards costs or disbursements. The Council on a report from a committee stated that in common law actions the rights and obligations of a solicitor were settled in Under wood Son and Piper v Lewis (1894, 2, Q.B., 306) when it was laid down that if a solicitor under takes to conduct such an action he makes an entire contract in the absence of special agree ment to conduct the case to the end and he can not discharge himself except for good cause and on reasonable notice to the client. Good cause includes failure to provide funds for disburse ments—Robins v Goldingham (1872, L.R., 13 E q 440). The Council stated that on the facts member was entitled to refuse to continue with the action unless the plaintiff provides funds for necessary disbursements. Reasonable notice should be given to the client and member should take the necessary steps to have his name removed from the Court record. Company limited by guarantee The Council decided to initiate discussions with the Registrar of Companies to have an agreed stan dard form of memorandum and articles of associa tion for a company limited by guarantee and if possible to incorporate Table C by reference. Building agreements It was decided to initiate discussions with the building societies with a view to getting the Society's standard form of building agreement accepted as a condition of the making of loans with a view to avoiding the dangers inherent from the multiplicity of building agreements now in use. Costs of first registration In a case in which Land Commission consent was required under Section 12 of the Land Act, 1965, to the sub-division of unregistered property for the purpose of a sale. The contract provides that the vendor should do all such acts as are necessary to obtain the consent. The Land Com mission attached a condition to the consent that the purchaser should become registered as the owner of the property sold. The parties asked the Council for a ruling as to the incidence of the costs of registration. The Council in the particular circumstances stated that the purchaser should pay the costs and outlay. 158

MEETINGS OF THE COUNCIL (January 14th) The President in the chair, also present: Messrs William B. Alien, Walter Beatty, Bruce St. J. Blake, John Carrigan, Anthony E. Collins, Augustus Cullen, Gerard M. Doyle, Thomas J. Fitzpatrick, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, Thomas Jackson Jnr., John B. Jermyn, Eunan McCarron, Patrick McEntee, John Maher, Patrick C. Moore, Gerald J. Moloney, Senator John J. Nash, Desmond Moran, George A. Nolan, Patrick Noonan, Peter E. O'Connell, Roderick J. O'Con- nor, Thomas V. O'Connor, Patrick F. O'Donnell, James W. O'Donovan, William A. Osborne, David R. Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert McD. Taylor, Ralph J. Walker. The following was among business transacted. Directorship in auctioneering limited company A member enquired whether he might hold a directorship in an auctioneering limited company. The Council on a report from a committee were of the opinion that this would be open to objec tion as calculated to attract business unfairly to the solicitor which would be contrary to para graph five of the Professional Practice Regulations. Service of proceedings on client The Council considered a report from a com mittee in a case in which a member had caused a Circuit Court civil bill to be served personally on the client of another solicitor with whom he had already been in correspondence about the claim. The Council stated that while there may be occa sions in which a solicitor acting on the instruc tions of a client may have to serve proceedings directly on the defendant nevertheless in the cir cumstances of the case the plaintiffs should first have notified the defendant's solicitor by letter or telephone as a matter of professional courtesy. Revenue Commissioners Stamps Branch A firm of solicitors purchased certain property in the name of a partner in the firm as trustee of the company for which the firm acted profes sionally. The partner subsequently made a con veyance of the property to the company reciting that he held the property as trustee and that the purchase money had been paid by the company to which he was conveyancing the property. The Revenue Commissioners asked for proof and did not accept the statement in the deed without production of the paid cheques of the company which were available. The Council decided to take the matter up with the Revenue Commis sioners on the basis that where a solicitor makes a recital of facts in a deed of this nature it should