The Gazette 1972

THE SOCIETY Proceedings of the Council 17th FEBRUARY 1972

writing Agencies Ltd. on the operation of the scheme since its inception. A copy of the report will be pub- lished in a future issue of the Society's Gazette. Commissioners for Oaths The Society received a letter from the Chief Justice containing adverse comments on the practice of Com- missioners for Oaths in certain parts of the country in the attestation of affidavits. The Chief Justice stated that he had become aware that in a number of cases affidavits were attested by Commissioners for Oaths in the absence of the deponent. He strongly condemned this procedure and had stated that unless he was satis- fied that it would be discontinued he considered with- drawing all existing commissions to swear affidavits and reappointing only Commissioners who are prepared to give an undertaking that the proper procedure will be observed. It was decided that the attention of the pro- fession should be drawn to this matter. It was also decided to make representations in the proper quarters that the only documents which should require attes- tation before Commissioners for Oaths would be docu- ments for use in the Courts and that schedules of assets and other documents for extra judicial proceedings such as revenue and tax purposes might be attested by Peace Commissioners. The reason for this proposal in manv towns where it is extremely difficult to obtain the ser- vices for Commissioners for Oaths as most of them are not solicitors and in some cases clients have made long journies from the country to make affidavits only to find The Secretary stated that he had received a notice requiring a return of fees paid to third parties not in the Society's employment. From examination of the Section it appears that this notice would not affect solicitors engaging third parties on their clients' business. It would apply only in the case of a person employing a third party in connection with his own business. It was decided that no action was required on behalf of the profession. Unfair attraction of business by builders' solicitors A member wrote to the Society referring to cases in which builders and developers of housing estates recom- mend to prospective purchasers of a new house that they should use the builder's or developer's solicitors who would act for them at a fee well below the scale under the Solicitors' Remuneration General Orders. In a particular instance a client asked him to quote a charge for the purchase of a house for £6,000. He informed the client of the fee recommended in the March/April-edition of the Society's Gazette, vz. £90 for a purchase without a mortgage and £120 for a purchase with a mortgage. The client said that the transaction would be carried out by the builder's soli- citor for £50 and that the builder had requested him to go to his own solicitor which he subsequently did. It was decided that the attention of the profession should 67 that a Commissioner is not available. Income Tax Act 1967, Section 173

The President in the chair, also present Messrs William B. Allen, Walter Beatty, Bruce St. J. Blake, John Carri- San, Anthony Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, Thomas J. Fitzpatrick, James R C. Green, Christopher Hogan, Michael P. Houlihan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, Eunan McCarron, Patrick J. McEllin, Patrick McEntee, Brendan A. McGrath, John Maher, Patrick Moore, Senator J. J. Nash, John C. O'Carroll, Peter E. O'Con- uell, Thomas V. O'Connor, William A. Osborne, David R- Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert McD. Taylor, Ralph J. Walker. The following was among the business transacted. Legal Remuneration The Solicitors' Remuneration General Order 1972 which provided for an increase of 42 per cent on the e xisting item charges (excluding commission stale fees a n d discretionary charges) was laid before the Oireachtas. The Secretary stated that a motion had been put down [u Seanad Eireann to disallow the Order. Letters signed by the President had been sent to each member of the Oireachtas and to the Government stating the case for the increase which was based merely on the increase in the cost of living since the last increase of 12 per cent P)ade in 1964. Rules had also been made by the various Court Costs Committees providing for a similar increase a n d these Orders had been submitted by the Commit- tees to the Department of Justice. No action had been taken thereon by the Department as the Minister had n °t as yet given his concurrence. p rices Bill 1971 The Secretary stated that meetings of Bar Associations had been held and that resolutions had been sent direct to An Taoiseach from the Bar Associations opposing the application of the prices legislation to the legal profession on the ground that orders fixing legal remun- er ation should be made by judicial committees with representation from the public and experts such as chartered accountants and should be submitted direct by the central costs fixing committee to the Oireachtas. An amendment proposing to exclude professions whose charges are fixed by statute from the operation of the Pri ces (Amendment) Bill 1971 had been drafted and Would be moved on the committee stage of the Bill. Costs and rules for increased jurisdiction in Circuit and District Courts The Secretary reported that the District Court Rules Committee had submitted a new scale of costs to the department on January 28th. No action had been taken by the Department. The Circuit Court Rules Committee had almost completed the work of drafting a new scale °f costs and it was expected that this would be sub- mit ted to the Department within the near future. Professional liability insurance scheme The Council received a report from Irish Under-