The Gazette 1972

Solicitor's Conveyancing remuneration in Engiand

THE Council of ihe English Law Society has received from the Statutory Body under the Solicitors Remuner- ation Act 1881 the draft of a new Solicitors Remuner- ation Order 1972. The main provisions of this draft order, which will not become effective until it has been considered by the Council of the Law Society in England and ultimately made, with or without amendemcnt, by the Statutory Body are as follows. 2 (1) A solicitor's remuneration for non-contentious business (including business under the Land Rogistra- tioon Act 1925 shall be such sum as may be fair and reasonable having regard to all the circumstances of the case and in particular to (i) the complexity of the matter or the difficulty or novelty of tnc questions raised. (ii) The skill, labour, specialised knowledge and responsibility involved. (iii) The time spent on the business. (iv) The number and importance of the documents prepared or perused without regard to length. (v) The place where and the circumstances in which the business or any part thereof is transacted. (vi) Where money or property is involved its amount or value and (vii) the importance of the matter to thee lient. It is further provided that in any conveyancing trans- action there shall be included among the circumstances to which regard is to be had in accordance with the provisions of the order (i) the fact that any land to which the business relates is registered land within the meaning of the Land Regis- tration Act 1925 (ii) the fact that the solicitor is acting or has acted (a) in the same transaction for another party or (b) or other transactions relating to land having the same or substantially the same title. Reference to the Law Society A client may require the solicitor to obtain a certificate from the Law Society as to whether the sum charged is fair or reasonable and if the Law Society decide that the chargc is excessive the sum fixed by the Law Society will be the sum payable by the client This is without prejudice to the provisions of the Solicitors Act 1957 in relation to taxation of costs. Presumably either the solicitor or the clicnt will have the right to have the costs taxed after a Law Society's certificate has been issued.

Notification to the client Before bringing proceedings to recover costs on a bill the solicitor will be obliged to notify the client of his right to obtain a certificate from the Law Society and also the provisions of the Solicitors Acts in relation to taxation of costs. On the taxation of any bill under the order the onus to satisfy the taxing officer as to the fairness of the charge will rest on the solicitor. The client will not be entitled to require the solicitor to obtain a certificate of the Law Society after the bill has been either taxed or paid. If the taxing officer allows less than half the sum charged he is to bring the facts to the attention of the Law Society. It seems the commission scale fee system which was introduced in England in 1883 at the request of the public and against the wishes of the profession is nearing its end there and that the new system will take its place. The difference between the position in England and Ireland is that Schedule 2 in the two countries is based on entirely different conceptions. The English schedule 2 is a single charge based on the seven enumer- ated factors and means that charges will be regulated on much the same system as those of chartered account- ants and other professions which, however, unlike solicitors charges, are not subject to taxation by the Churt. The English system avoids the necessity of long and detailed bills, counting folios and other tedious work. The taxing master on an appeal from the Society exercises a real discretion. In Ireland we are still tied to the outmoded system of piece work charges for drawing and perusing documents. One of the chief advantages of the commission scale fee is its certainty and economy in the preparation of bills. Even the new Schedule 2 adopted here would still involve considerable detailed work in preparing con- veyancing bills of costs with their consequent addition to solicitors' overhead expenses. No doubt the Prices Commission or Central Costs Committee which will in due course have to consider the entire system of solici- tors' remuneration will have regard to what is happening in England. Many other professions and occupations such as stockbrokers, architects, chartered surveyors, auctioneers, advertising agents, literary and commercial agents generally chargc on a commission basis. Soli- citors' commission fees have recently been under attack and it will be interesting to see whether the Prices Commission will apply the same principles in dealing with other professions and occupations as those now suggested for solicitors.

190