The Gazette 1975

PROCEEDINGS OF THE COUNCIL 27th March, 1975 Compulsory Purchase Order — Title by way of Statutory Declaration

Law Clerks Joint Labour Committee

Mr. Bruce St. J. Blake has been appointed as the Society's Representative on this Committee. Irish Legal Terms Advisory Committee Mr. Anthony O'hUadhaigh has been re-appointed as the Society's representative on this Committee.

The client's title on a compulsory rule to a County Council only required the solicitor to furnish a Sta- tutory Declaration vouching the Title. In the circum- stances, the solicitor concerned was entitled to charge the scale under Section I of the Solicitors' Remuner- ation Act 1881 as amended. Interest on Deposits — General Instructions to Secretariat The Secretariat of the Society is to reply to such queries as a rule as follows: — a) Legally a solicitor who is a shareholder may not be obliged to account for interest earned on the stock- holding, (depending upon the terms of his appoint- ment). b) Professionally, the solicitor is under duty to place clients money in a designated Client Account and to comply with his client's instructions. So if a client gives instruction to have money invested on deposit, clearly a solicitor must be liable if he fails to do so. c) In the absence of any instructions from the client and where there is a subsequent claim by the client that the solicitor should have placed money on deposit the Society's advice is as follows: — i) If the solicitor actually placed the money on deposit he must account to his client for in- terest earned. ii) If, however, the solicitor did not place the money on deposit, it is not a matter for the Society whether he should have done so or not, it is a question of a solicitor's legal duty to his client. Thus it may depend entirely on the facts of the case. In a clear case, it is hard to imagine the High Court absolving a solicitor who fails to place his client's money on deposit where a long delay is indicated and a large sum of money is held. Solicitor Stakeholder Such a solicitor, in disposing of the monies held in his hand pending closing of a transaction, must place the money on deposit with an authorised Bank rather than a Merchant Bank, unless he had specific written ruthority from both vendor and purchaser to deposit i Nn a Merchant Bank. Council approves examination results of Feb- ruary, 1975, Examinations Examination 1st Law Passed Exemption 78 11

24th April, 1975 Interest of Vendor or Stakeholder

In a normal case, a Vendor or a stakeholder is en- titled to interest unless there is an agreement to the contrary. No Liability on client to pay a Cost Accountant's Fee There is no liability on the client to pay a Costs Accountant's fee for drawing a Bill of Costs on Tax- ation. There may be costs allowed upon the Taxation Bill on a per folio basis. Solicitor's right to allow access to accountants and auditors when preparing a Solicitor's Cer- tificate under the Solicitors' Accounts Regulations The contents of a client's file are in general privil- eged, but there is no objection to the auditor being allowed to see particular items having a direct bearing on payments or receipts that were the subject of the Auditor's Certificate under the Accounts Regulations. Client withdraws authority to Bank to pay ad- ditional monies As the authority concerned was not an irrevocable authority the client's solicitor was to follow the client's instructions as to the client's monies in his hands. Solicitor's authority to settle High Court action A settlement was reached in a High Court action, in which the plaintiff had been awarded £3,750 and costs. Subsequently the plaintiff tried to repudiate the settlement, but finally agreed to accept it subject to non payment of doctors' fees. It was decided that if the solicitor concerned had the requisite authority of his client to settle the action on the terms mentioned, he was entitled to do so. If the solicitor concerned had no such authority, he would have to settle the question at issue with his client. Irish Examination Results—March Examinations

Failed

Candidates 167 ' 121 63

Candidates 307 122

Failed 55 14

Passed 252 108

Examination First Irish Second Irish

78 23

25

2nd Law 3rd Law

73

7

50

6

. 2 5 2