The Gazette 1978

SEPTEMBER 1978,

GAZETTE

Correspondence

SOLICITORS RESPONSIBILITY FOR COUNSELS DELAY 12, South Mall, Cork. 22nd September, 1978 Dear Sir, An English decision of the 14th July, 1978 might be of interest to Practitioners. In Mainzs v. James & Charles Dodd it was held that solicitors who took six months to obtain Counsel's Opinion in relation to a pending action which was dismissed for want of prosecution were guilty of inexcusable and inordinate delay and accountable for the part of the delay caused by Counsel. The exact duty of a solicitor to his client depended upon what he was employed to do but he was always expected to exercise a reasonable degree of care, skill and knowledge in whatever he did. In particular, in a stale action he must act expeditiously to protect his client's action against being struck out by reason of delay caused by the solicitors neglect. The Defendants were accountable not only for their part but also for that of Counsel. When Counsel was dilatory in dealing with instructions in stale actions solicitors should in the interest of their clients withdraw those instructions and pass them to another Counsel for a more ready response. The total of inexcusable and inordinate delay after giving full credit to what the Defendants did faultlessly and in time was about six months. This was a long time in the circumstances and the Plaintiff's case was fully approved. Yours sincerely, Rory F. Conway.

ADJUDICATION FOR STAMP DUTY

Office of the Revenue Commissioners Dublin Castle, Dublin 2. 13 September, 1978.

J. J. Ivers, Esq., Director General, The Law Society, Blackhall Place, Dublin 7. Dear Mr. Ivers,

I refer to your recent representations concerning delays in dealing with cases lodged for adjudication for the purposes of Stamp Duties. Following your earlier representations certain staff adjustments were made in this area. You will be glad to hear that the arrears has been reduced from a peak of approximately 4,300 cases in March last to a current level of 1,500. The delay in dealing with cases has been reduced from approximately 5 months to 10 weeks. I agree that the position is not yet satisfactory but considerable progress has already been made and, in the absence of uniforseen circumstances, the arrears should be disposed of by the end of this year. You will appreciate that the training of new staff in a technical area is, necessarily, a slow process. Yours sincerely, M. K. O'Connor, Commissioner.

THE LAW SOCIETY Vacancy for Assistant Examiner in Conveyancing

Applications are invited not later than 17th November, 1978 for the post of:

Assistant Examiner In Conveyancing

Particulars may be obtained from: DIRECTOR GENERAL, The Law Society, Blackhall Place, Dublin 7.

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