The Gazette 1978

GAZETTE

MAY 1978 SOCIETY OF YOUNG SOLICITORS SECTION Preparation and Taxation of Solicitors' Costs

At the Spring Seminar of the Society held in the Great Southern Hotel, Killarney, on Sunday, 8th April, 1978, Mr.i Anthony P. Behan delivered a lecture on the Preparation and Taxation of Solicitor's Costs. He suggested at the commencement of his lecture that in the time alloted to him he could only scratch the surface of the topic but in fact he skilfully managed to do much more. Non-Contentious Solicitors' costs in non-contentious matters are governed by the Solicitors Remuneration Order 1960 which specifies twenty-one items of charge. The General Order 1960 came into operation on 1st December 1960. There was a percentage increase of 12% by the Solicitors Remuneration General Order 1964, which became operative on 1st August 1964. The charges were decimalised by the Solicitors Remuneration General Order 1970. There was a percentage increase of 20% by the Solicitors Remuneration General Order 1972 which became operative on 17th May 1972. There has been no increase since then. ' The items of charge as specified in the 1960 Order with the permitted percentage increases to date are as follbws: 1. Instructions Fee Discretionary 2. Drawing Deeds, Wills, Powers of

11. Certifying any Deed, Instrument or writing 12. Attendance in the Solicitor's Office for the first \ hour 13. Attendance in the Solicitor's Office for each subsequent -J- hour 14. Attendance outside the Solicitor's Office in Ireland — for each half hour 15. Attendance outside Ireland — per day 16. Attendance outside Ireland — when engaged less than one day £4.03 per hour, provided that the total shall not exceed £25.40 (time occupied in travelling, except outside Ireland between mid-night and 8 a.m. to be reckoned as if employed on busi : ness). In addition to the charges prescribed, the reasonable personal and traveling expenses are to be allowed. 17. Writing, signing, answering letter, not exceeding 1 folio 18. If several letters or circular of the same import: For the first 19. Carbon copy of letter to send 21. Any other work done not herein- before mentioned: Such fee as may be fair and reason- able having regard to all the circum- stances of the case, including analogous items in this scale. Exceeding 1 folio 20. Registration of Deed

5Op

£1.34p

£1.01p

£1.34p

£25.40p

50p 67p

Attorney, Bonds, Memorandum and Articles of Assocition, Cases for Counsel, Regulations, Bye-laws, Agreements, Notices, Requisitions and other documents not specifically excluded per folio (a folio contains 72 words) 3. Drawing Abstract of Title, Requisi- tions for Searches and Schedules of Deeds or Documents per folio 7. Perusing (where not allowed for in the fee for instructions) Deeds, Wills, Powers of Attorney, Bonds, Memor- andum and Articles of Association, Cases for Counsel, Regulations, Bye- Laws, Requisitions, Searches, Agree- ments and other documents not specifically excluded, newly drawn and fair copied and submitted by or on behalf of another party for examination, approval or agreement of their contents, per folio 8. Perusing Accounts and Rentals — per hour 9. Perusing Abstracts of Title, per folio 10. Comparing any Deed or Instrument, per folio 4. Engrossing, per folio 5. Copy per folio 6. Carbons or duplicated copies, per folio

41p 17p

£4.70p

41p

17p 13p

There is a note to the 1960 Order that if, having regard to all the circumstances of the case, including the com- plexity of the matter, the novelty of the questions raised, the skill, labour and responsibility of the Solicitor, the amount involved and the importance of the matter to the client, it is reasonable to do so, the charges specified in the Schedule may be varied. In practice however there is rarely any increase or reduction in the schedule charges and the nature of the particular transaction is more likely to be reflected in the instructions fee. The instructions fee is to be such sum as may be fair and reasonable having regard to all the circumstances of the case including: (a) The complexity, importance, difficulty, rarity or urgency of the questions raised. (b) Where money or property is involved its amount or •value. (c) The importance of the matter to the client. (d) The skill, labour and responsibility involved therein

7p

4p

20p

£1.34p

4p

4p"