The Gazette 1974

PRELIMINARY NOTICE It is regretted that due to the illness of the Editor and the Christmas vacation the December Gazette will only be available to members at the beginning of January, 1975. The next issue of the Gazette will be the January- February issue, 1975, which will be published in the first week of February, 1975. This will be an enlarged issue and will include the Index for 1974. All sub- sequent monthly issues of the Gazette, from March, NOTES AND COMMENTS by ULPIAN

1975, will normally be published on the 15th day of the month. Material for inclusion in the January- February Gazette, 1975, will have to reach the editor before tht 10th January, 1975, and the material for the March, 1975, and subsequent monthly issues will have to be sent before the 15th of the previous month. Special arrangements about the separate publication dates of the July and August issues will be announced subsequently.

void which has been well filled by the appointment of Mr. Justice O'Higgins to the highest judicial office; our new Ghief Justice has wide legal and administrative experience. Mr. Justice Finlay was eminent as an advocate and a jurist, and his promotion to the Presidency of the High Gourt will ensure that that high judicial post will he maintained with learning and dignity. The legal profession is very pleased with the appoint- ments of Messrs Liam Hamilton, Weldon Parke and Thomas Doyle to the High Gourt, as each of them in their repective spheres will add lustre to the Bench. Ad mult as annos!

It is a difficult task to pay adequate tribute to all concerned as there have been so many judicial changes in Ireland recently. The unanimous choice of Cear- bhal Ó Dálaigh as President of Ireland was easy to forecast, in view of the President's legal and linguistic distinctions, as well as an open manner which will ensure his universal popularity. The fact that Mr. Justice 0'K.eefTe succeeded our President as Irish Judge attached to the Court of the European Communities in Luxembourg was less pre- dictable but he will have ample opportunities to master the intricacies of European Law. The sudden death of Chief Justice FitzGerald left a

THE SOCIETY Proceedings of the Council 19th SEPTEMBER 1974

The Council, on a report of a Committee, held that the English Law Society's opinion was correct. Duty of solicitor to the Court where client on bail leaves jurisdiction A member wrote to the Society concerning the duty of a solicitor to the Gourt where a client on bail leaves jurisdiction. The Council on a report of a Committee felt that the solicitor had no duty to notify the police. Solicitor should not accept case in which he will be a witness A member wrote to the Society regarding the pro- priety of accepting a case where he has reason to believe that he may be a witness. In reply the Assistant Secre- tary quoted from Conduct and Etiquette at the Bar as follows : "A Barrister should not accept a retainer in a case in which he has reason to believe he will be a witness, and if being engaged in a case it becomes apparent that he is a witness on a material question of fact, he ought not to continue to appear as Counsel if he can retire with- out jeopardising his client's interests. If he continues in the case there is no rule of professional ethics which disbars him from going into the witness box and being cross-examined." The Council, on a report of a Committee, applied this principle to the solicitors' profession. 262

The President in the Chair, also present were : W. B. Allen, W. Beatty, Bruce St. J. Blake, John F. Buckley, Anthony E. Collins, L. Cullen, Gerard M. Doyle, Joseph L. Dundon, James R. G. Green, Michael P. Houlihan, John B. Jermyn, Francis J. Lanigan, John Maher, Patrick Moore, P. McEllin, Brendan A. McGrath, John J. Nash, Patrick Noonan, Peter E. O'Connell, Patrick F. O'Donnell, Dermot G. O'Don- ovan, Rory O'Connor, William A. Osborne, Brian Russell. The Director General was in attendance. Costs of a sub-sale A member required to know what the proper costs a solicitor should charge where he is involved in a sub- sale, i.e. the purchase of property together with the sale on for an increased consideration. Where there is a sub-sale and one conveyance to which the vendor, purchaser and sub-purchaser all are parties, the English Law Society's opinion (1265) of 14th July 1950 is that solicitors should charge under Schedule 1 of the Solicitors' Remuneration Act on the sale together with charges under Schedule 2 for the work done in connection with the initial purchase. However, where the original purchaser does not join in the conveyance the English Law Society expressed the view that all charges should be based on Schedule 2 (Opinion 1266).