The Gazette 1972

EDITORIAL Ending Commission Scale Fees

Solicitors' fees for conveying properties of less than £30,000 value have hitherto been set by a statutory body in England according to scales proportionate to the value of the property. This, it is alleged, has meant that in some cases at least solicitors have received for the work more than they would have received by any other reasonble method of computation. The profes- sion has been able to claim that solicitors have been able to perform other services at less than cost, whether conveyances of low-value properties or legal work of another kind. The scale fees also have the advantage of being calculable in advance so that clients know where they are at least in that respect. The Lord Chancellor has decided to do away with scale charges altogether, rather than keep them as maxima for properties of under £10,000 value as he first proposed. The English Law Society, though still disapproving of the change, prefers the way now chosen to any other way of setting about it. The preservation of maxima at the lower end of the scale would have been some reassurance for the person of small means buying a cheap house (if such a thing still exists). He may in future find himself paying more than he would May 18th. The President in the chair, also present Messrs. W. B. Allen, Walter Beatty, Bruce St. J. Blake, John Carrigan, Anthony E. Collins, Laurence Culle, Gerard M. Doyle, Gerald Hickey, Christopher Hogan, Nicholas S. Hughes, Thomas Jackson, John B. Jermyn, Francis Lanigan, Eunan McCarron, Patrick McEntee, B. A. McGrath, Patrick C. Moore, Senator J. J. Walsh, George A. Nolan, Patrick Noonan, Peter E. O'Connell, Rory O'Connor, Thomas V. O'Connor, William A. Osborne, Peter D. M. Prentice. Mrs Moya Quinlan Ralph J. Walker. The following was among the business transacted. Medical witnesses' expenses in the High Court The Council received a report from a deputation which was received by the Taxing Masters on the sub- ject of witnesses' expenses in the High Court. The deputation express the view that the Taxing Masters should allow the fee of 10 gns. claimed by medical practitioners who request it where this is genuinely necessary to obtain a report. Otherwise the client is penalised because he may be unable to start h : s action. The Taxing Masters undertook to consider the Society's representations but were naturally unable to commit

have done under present scales; for it has long been the contention of the profession that scale fees did not cover costs in the case of low-value properties. The Lord Chancellor is cautious about the effect of the change on the general expense of conveyancing. One is entitled to expect some relief at the top end of the scale, though it is worth noting that a vestigial reference to the amount at stake and the importance of the matter to the client survives among the things to which regard may be had in determining a "'air an J reasonable" charge. The full effects of this reform are likely to take time to show, as the way is opened for competition in the profession and further specialisation. It seems rather odd in the present climate of egali- tarian philosophy that conveyancing should be made cheaper for clients involved in the luxury type of con- veyancing and dearer for purchasers of small houses, as well as clients who at present rely on the profession for low cost advisory services. The introduction of similar proposals here would penalise the small client even more because of the lack of anything corresponding to the English Legal Aid and Service scheme. themselves to any general practice in the matter. It was pointed out that cases in which a plaintiff is a minor the practice of allowing a reduced sum for medical expenses may cause particular hardship. It was pointed out by the Taxing Masters that in all such cases of minors, the Council should be instructed to apply immediately at the termination of a trial for extras such as medical reports and other items wh : ch may not be allowed between party and party and that a special direction should be given in regard to these matters in the order made up at the conclusion of the trial. The judges are likely to accede to such applications, where reasonable, if made before determination of the case but there is little chance of having extra items allowed on special applications after the main order has been made. Accountants' certificates A report from the Registrars Committee on the present position of accountants' certificates in arrear was considered and it was decided that a circular should be sent by the President to all members of the Society. The report also recommended for consideration the engagement by the Society on a wholetime basis of suitable persons to run an audit service for members who are unable to obtain accountants' certificates in time due to the fact that many accountants are already

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