The Gazette 1971

Proceedings of the Council THE SOCIETY

22nd April 1971: The President in the chair, also present Messrs W. B. Allen, Bruce St. J. Blake, John Carrigan, Anthony E. Collins, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Chris- topher Hogan, Michael P. Houlihan, Thomas Jackson Junior, John B. Jermyn, Eunan McCarron, Patrick J. McEllin, Patrick McEntee, John Maher, Patrick C. Moore, Desmond Moran, Senator John J. Nash, George A. Nolan, Patrick Noonan, John C. O'Carroll, Peter E. O'Connell, Roderick J. O'Connor, Thomas Valentine O'Connor, Patrick F. O'Donnell, James W. O'Donovan, John O'Meara, David R. Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert McD. Taylor and Ralph J. Walker. The following was among the business transacted. Court Offices—hours of business The Council considered representations from members that an application to the appropriate authority should be made for a rule that all High Court offices should be open for normal business hours throughout the year including vacation periods. It was decided to refer the. matter to the Dublin Solicitors' Bar Association for consideration and report. Publications The Council received and approved a report from the Publications Sub-Committee on projects in hand in- cluding a work on Irish Land Law covering the Republic and Northern Ireland by Mr. Wylie of Q.U.B., and a textbook on The Law of Evidence in Ireland by Mr. Cole of the Law School, Trinity College. The committee reported that they were also considering a project for subsidising a textbook on planning law but this had not yet materialised. Precedent bank and engrossment service A report from the Public Relations and Services Com- mittee stated that this project had advanced consid- erably and that in the near future it was hoped to issue a circular letter to members. Complaints Complaints were received from the Funeral Undertakers Association of delays by certain solicitors in dealing with accounts in solicitors' hands. Some of these accounts were outstanding for a considerable time notwithstanding the fact that they are regarded as preferential payments in the administration. The Association had been advised to put the matter in the hands of their solicitors. It was also decided that the attention of members should be drawn to this matter to avoid such complaints which are damaging, if justified, to the reputation of the profession. A complaint had also been received from a firm of law searchers of delay in payment of accounts of busi- ness completed. The Council decided that these matters should also be brought to the attention of the profession. Accountants' queries In a recent issue of the Society's Gazette it was stated

that the Council had decided not to take any action on the question of a request by accountants for certificates by solicitors acting for limited liability companies as to any pending proceedings or liability of the company which are required for audit purposes. The ground of that decision was that there was no information before the Council that company auditors as a general rule are making this request. Since then members have written in stating that the practice is becoming wide- spread and that one firm had been asked for such a certificate on at least three occasions recently. It was decided to take the matter up with the Institute of Chartered Accountants. Agency between solicitors A member who gave instructions to another to institute proceedings arising out of an accident claimed one- third agency commission. No prior arrangement had been made for agency and the instructed solicitor dis- claimed liability. A ruling was sought from the Council. On a report from a committee it was stated that Opinion DR 76 applies. If there was no antecedent agreement or understanding "for agency commission it is not payable. Abortive auction Property was put up for sale by public auction in 1965 and withdrawn as the reserved price was not reached. In October 1968 following negotiations with another purchaser a fresh contract of sale was prepared but the purchaser withdrew before signature. In August 1969 further conditions were prepared and the property was put up for sale by public auction but no bids were received. Abortive negotiations took place on several subsequent occasions. In February 1970 the property was sold by private treaty. The same solicitor acted throughout and asks for guidance as to the appropriate charges. The Council on a report from a committee stated that the solicitor was entitled to charge three-quarters of the scale fee on the reserve price of the first auction. The charges for the other abortive auctions and negoti- ations should be charged under Schedule 2. The com- mission scale fee should be charged on the consideration on the sale of the property in February 1970. Sale of premises with contents The abortive auctions and negotiations mentioned above also included the sale of the contents of the property. The successful sale of 1970 covered the prem- ises only. The Council stated that in calculating three- quarters of the commission scale fee on the first abortive auction the reserved price should be apportioned if possible between the premises and the contents. If this is not possible the charge should be made under Schedule 2. Costs of bank as mortgagee Solicitors who are not wholetime solicitors for a bank acted for the bank as mortgagees on the occasion of a mortgage for a substantial loan and enquired as to the

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