The Gazette 1974

Proceedings of the Council 27 JUNE 1974

James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, John B. Jermyn, Francis J. Lanigan, John Maher, Ernest J. Margetson, Patrick C. Moore, Brendan A. McGr a t h, John J. Nash, Patrick Noonan, John C. O'Carroll, Peter E. O'Connell, Patrick F. O'Connell, Dermot G. O'Donovan, James W. O'Donovan, Rory O ' Conno r, Thomas V. O ' Conno r, John A. O ' Me a r a, William A. Osborne, David R. Pigot, Mrs. M. Quinlan, Robert McD. Taylor, Ralph J. Walker. Sale of registered and unregistered land transferred by the same deed Members wrote to the Society stating that they were engaged in sale of property consisting partly of free- hold registered land and partly of unregistered land. T h e transaction was completed by one single deed. Members required to know the correct basis for charg- ing costs where there is no separation of the purchase money in the Contract for Sale. T h e Council on a report of a Committee were referred to opinion C.40, page 222, in the Handbook 1968 edition and felt that this opinion applied. In such a case it had been held that in the sale of registered and unregistered land in one lot the value of the registered and unregistered holdings should be apportioned for the purposes of costs and treated as two separate sales. Standard fees for the approving of release of mortgage Members wrote to the Society stating that they felt the Council should recommend a standard appropriate fee for solicitors to charge in approving a release of mortgage. The Council on a report of a Committee declined to recommend standard fees as it was felt that such fees must be charged under Schedule II of the Solicitors Remuneration Act. Appearance of Counsel in Court without Solicitor T h e Bar Council wrote to the Society pointing out that certain abuses had grown up in connection with Counsel appearing in Court without being attended by a Solicitor. In 1971 the Bar Council had given per- mission to Barristers to appear in the Children's Court without being attended by Solicitors where no fee was involved for either Solicitor or Counsel. T he Bar Council requested the Society to draw the attention of Solicitors to the proper ruling of the Bar which is set out on page 195. Solicitors failing to pay their staff the minimum remuneration as fixed by the Joint Law Clerk/ Labour Committee Considerable discussion occurred in connection with the publication in the newspapers that a large number of solicitors had failed to pay their staff at least the minimum rates of remuneration settled by the Law Clerks Joint Labour Committee. T h e Council directed the Director General to inform the Depa r tment of Labour that the Society were at a loss as to whether they should and if so how to deal with this matter because the Department was not prepared to disclose names of the firms concerned. 171

The President in the chair, also present we r e: William B. Allen, Bruce St. J. Blake, John F. Buckley, J°hn Carrigan, Anthony E. Collins, Laurence Cullen, ^ r a r d M." Doyle, Joseph L. Dundon, Felicity Foley, James R. C. Green, Christopher Hogan, Michael P. Houlihan, Thomas Jackson, Jnr., John B. Jermyn, Hands J. Lanigan, John Mahe r, Ernest J. Margetson, Herald J. Moloney, Patrick C. Moore, Brendan A. ^cCrath, Patrick Noonan, Peter E. O'Connell, Patrick H O'Donnell, James W. O'Donovan, Rory O ' Conno r, Homas V. O ' Conno r, William A. Osborne, David R. Hgot, Mrs. M. Quinlan, Robert McD. Taylor, Ralph J- Walker. ^ a nd Registry map ° n a Report of a Committee the Council were in- armed that a Local Bar Association had passed a Resolution that Solicitors for Mortgagees should accept He Land Division Sub-Division map where its stamp is fadorsed thereon in lieu of the later production of the Und Registry map. Such a Practice was not recom- mended by the Council as the acceptance of such maps as proving the identity of property outlined in them Hay be dangerous. It is advisable that maps should c °Hate with the actual Land Registry maps or map. Conflict of interest Members wrote to the Society stating they acted for ? client in a dispute with his father as to which of them pneficially owned a certain interest in a family dwel- n g house. The dispute was settled by the son executing an assignment of the premises to the father and an Agreement by the father to make a will leaving the demises to the son. T h e solicitor was engaged by both jetties. T h e Deed of Assignment was duly effected by son. However, the father showed reluctance to carry ° u t his part of the bargain by executing the will as Agreed. The Council on a Report from a Committee that the solicitor should now state to both parties a a t he can no longer act for either of them. ^ a, "liamentary Committee This Committee put in a considerable amount of j! 0r k on the direction of the Council on submitting a • e Port on the proposed forms of Capital Taxation Hcluding the Wealth Ta x. ^iscipii nary Committee t , Mr. George A. Nolan after many years of service on e Committee offered his resignation. The Council Tressed its appreciation of Mr. Nolan's services and [Commended that he be replaced by Mr. Francis [Hi g a n. O t h er vacancies on the Committee were filled J the appointment of Mr. Rory O ' Connor and Mr. N°mas Jackson, Jnr. l8t1 » JULY 1974 President in the chair, also present we r e: l ' H a m A. Allen, Walter Beatty, Bruce St. J. Blake, p h n F. Buckley, J ohn Carrigan, Anthony E. Collins, er ard M. Doyle, Joseph L. Dundon, Felicity Foley,