The Gazette 1974

Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Joseph L. Dundon, Mrs. Felicity Foley, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houlihan, Thomas Jackson, John B. Jermyn, Francis J. Lanigan, John Maher, Ernest J. Margetson, Patrick C. Moore, Patrick McEllin, Brendan A. McGrath, John J. Nash, Peter E. O'Connell, Patrick F. O'Donnell, James W. O'Donovan, David R. Pigot, Mrs. M. Quin- lan, Robert McD. Taylor, Maurice Curran, W. D. McEvoy, Thomas Shaw. The Director General was also in attendance. Solicitor's liability to Counsel for brief fee A member wrote to the Society to know whether he was liable to pay Counsel his brief fee in a case in which he had informed Counsel he would be briefing him. Counsel agreed to accept the brief. The following day the case was settled before the actual brief had been furnished to Counsel. In fact Counsel did not receive the brief nor did he do any work on the case although he pointed out to the solicitor that he was retained by one side and was thereby precluded from acting for the other side. The Council, on the report of a Committee, directed the Assistant Secretary to write to the solicitor stating that he would not in the circumstances be liable for a brief fee, but he may be liable for a retainer fee (if any). Section 90 of the Housing Act, 1966 A member wrote to the Society complaining that the Transfer Order under Section 90 of the housing Act, 1966, was drawn up by Local Authority officials and not by solicitors. The Council, on a report of a Com- mittee, directed the Assistant Secretary to write to each Housing Authority referring to the Society's previous letter of November 1971 and stating furthermore that the Society would prosecute any offending Town Clerk should evidence be furnished to the Society by mem- bers. The Council also directed the Assistant Secretary to write to the member asking him to furnish the necessary evidence to maintain a prosecution. Application by a solicitor to practise on a licensed premises A member wrote to the Society requesting to know whether the Society had any objection to his office being transferred and being situated in a licensed premises. The solicitor stated he would not be running a bar and the premises would be entirely converted to the needs of his office. He stated that he was aware that to comply with the licensing law he would have to open the bar for at least one day in the year and that he could come to some arrangement about this with the local Garda. The Council, on a report of a Committee, felt the Society should object to the solicitor having his office on a licensed premises. They also felt that the statement of law contained in the solicitor's letter was not correct. Irish Banks' Standing Committee The Director General reported on a meeting with the Banks' Standing Committee regarding the withdrawal of the service in respect of guaranteed cheques. It was clear from the discussion that while the Banks regretted reducing their service, the risk which they carried in respect of guaranteed cheques was such that they had no option but to withdraw the service. It was clear from the discussion that any suggestion of re-intro- ducing the service for solicitors would not be accepted. The position was noted by the Council. 263

Court offices and costs The Council asked that the matter of certain solici- tors acting for Dublin County Council in connection with the investigation of title and the preparation of mortgages in connection with Small Dwellings Acqui- sition loans be referred to the provincial members for their views. 24th OCTOBER 1974 The Vice-President, Mr. W. A. Osborne, in the Chair, also present were : W. B. Allen, Walter Beatty, Bruce St. J. Blake, John Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, Felicity Foley, James R. C. Green, Christopher Hogan, Thomas Jackson, Francis J. Lanigan, John Maher, Ernest J. Margetson, Gerald J. Moloney, Patrick C. Moore, Brendan A. McGrath, John J. Nash, Peter E. O'Connell, Patrick F. O'Donnell, Rory O'Connor, Thomas V. O'Connor, John A. O'Meara, David R. Pigot, Brian Russell, Robert McD. Taylor, Mrs. M. Quinlan, The Director General was also in attendance. Indemnity of Insurance policy Members wrote to the Society stating that title docu- ments belonging to a client had been temporarily mis- laid and that they were in serious difficulty. The ques- tion was whether the loss of title documents is covered in the insurance indemnity policies which covers loss "for breach of professional duty as solicitor by reason of any neglect, omission or error whenever or wherever occurred or alleged to have occurred on the part of the insured or their predecessors in business or any person including any agent at any time employed by the insured or such predecessor". The Council, on a report of a Committee, felt that this matter was not one for the Society and is a matter for the solicitor and his insurance company. Representations of the Drogheda Solicitors' Bar Association The Drogheda Solicitors' Bar Association wrote to the Attorney General complaining of the delay involved (several months) from the conclusion of an unsuccessful appeal to the Circuit Court before the Gardai obtain a warrant for arrest. It was stated that prisoners them- selves do not wish to have the sentence hanging over their heads for an indefinite period of time. The Council, on a report of a Committee, directed the Assistant Secretary to write to the Attorney General giving support to the Drogheda Solicitors' Association's letter to him. Service of High Court documents Members wrote to the Society pointing out discre- pancies in the mode of service of varying High Court documents including a subpoena, statement of claim, etc. The Council directed the Secretary to refer the letter to the High Court Rules Committee. Building Societies appointing solicitors to act as local agents The Council directed that the following conditions should be observed : 1. (i) There must be a separate office, (ii) There must he a separate entrance, (iii) There must be separate staff paid by the Building Society. 2. Neither the solicitor nor any member of his staff shall act for any borrowers from the agency. 28th NOVEMBER 1974 The President in the Chair, also present were: