The Gazette 1972
in 1964. This is in accordance with the increase in the cost of living figure between 1964 and February 1971. The following table shows the comparison between the official cost of living index with salaries of the judiciary, members of the Oireachtas, higher officers in the public service (including Court officials) and solicitors' fees between 1961 and February 1971. It is understood that further increases in public service salaries stated in the press to be in the order of 10 per cent are expected. It should further be noted that in most cases increases in public service salaries are retrospective for consid- erable periods before announcement while increases in solicitors' costs are in all cases prospective to a future date. The public service has also received additional fringe benefits in the shape of pensions which, of course, are not enjoyed by solicitors in private practice, al- though they are applicable to solicitors in the public service. It will be conceded that the solicitors' profession in regard to these matters is placed in a most unfavourable position as compared with the other professions and persons of comparable responsibility and status and this applies both in relation to the method and amount of increases and the delays which have occurred. Char- tered accountants, medical practitioners and other pro- fessions fix their own fees having regard to prevailing conditions from year to year, and the ever-increasing impact of inflation. A typical accountant's fee of £300 in 1970 rose to £500 in 1971 and was justified on a Complaints The Society in the ordinary course receives a number of letters from clients with complaints about solicitors, and has a settled procedure for dealing with them. It is better, in the interest of clients and their solici- tors, that complaints should be dealt with in this way rather than by representations to government depart- ments and outside bodies, who have not the advantage of knowing the particular circumstances of a solicitor's practice. . The practice of the Society is to send a copy of the letter of complaint to the member concerned, even where it seems to disclose no reasonable cause of com- plaint. In such circumstances the member is asked for his comments and normally a copy of his reply is sent to the Society's correspondent.
time-cost basis. Solicitors who operate under the same conditions and who in addition to the usual profes- sional risks are answerable for very large sums in client bank accounts are subject to an outmoded, expensive and dilatory system of fee assessment and control. For these reasons, in addition to the present appli- cations which barely cover the cost of living increases in 1971 (February) a completely new system is urgently needed to simplify bills, expedite review where required and to preserve and where necessary extend the func- tions of the Judiciary and the Oireachtas. None of the applications already mentioned apply to commission scale fees or discretionary fees in the Schedule. They relate solely to item charges. If there had not been an element of compensation in the commission fees for conveyancing and discretionary fees solicitors would have been unable to continue in practice if they adhered to the item fees even with the increases now sought. As regards country and to an increasing extent urban practice remuneration from conveyancing is being progressively halved as the result of the extension of registration of title. Eric A. Plunkett ( Secretary) 3rd January 1972. The Incorporated Law Society of Ireland, Solicitors' Buildings, Four Courts, Dublin 7. Note : The abovementioned applications to the various Committees were made in July 1971.
The attention of members is drawn to the fact that the issue of such a letter does not mean that the matter has been prejudged in any way, and that the object of the Society is to obtain sufficient information to enable the Society to answer the complaint, and, where appro- priate, to clear the member concerned from any unjusti- fied accusation. Where, as happens in the majority of cases, there is no question of misconduct the matter is dealt with by the Society's secretariat without reference to the Council or any Committee.
In cases in which, having regard to all the circum- stances and the correspondence, there appears to be an unsatisfied cause for complaint the matter is referred to the appropriate Committee of the Council. Landlord and Tenant (Amendment) Act 1971—Important Notice
The attention of members is particularly drawn to a letter from the Department of Justice dated 14th Jan. 1972 published at page 62 of this issue. It deals with an amendment made at the suggestion of the Society to Section 10 of the Rent Restrictions (Amendment) Act 1967 which was considered to have imposed an obli- gation on owner-occupiers of controlled dwellings to obtain the landlord's consent to an assignment of the dwellings. The amendment remedies this position and
validates any assignments which may have been made void by reason of Section 10 of the 1967 Act. The Department's letter also draws attention to the revival for a period of one year from 7th Dec. 1971 to the spent provisions contained in Section 8 (1A) of the Rent Restrictions Act, 1960, which enable "small" land- lords who come within its provisions to have certain basic rents revised during a further period of one year from the date of the passing of the Act. 56
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