The Gazette 1979

GAZETTE

SEPTEMBER 1979

amount involved. The Committee has asked the Policy Committee to review this matter and members will be kept advised as to the up-to-date position. 4.4 The Committee met frequently during the year and I am indebted to the members for their attendance at meetings, for their work and also to the members of the staff for their diligent work in the administration of the fund.

5.1 The Professional Purposes Committee, as members, will be aware, is the successor to the former Privileges Committee and Court Offices Committee whose functions were amalgamated two years ago on an experimental basis on the recommen- dation of the President of the Society. This, therefore, is the Committee's second year of life and by the nature of the work formerly carried on by the two Committees referred to, it is called upon to deal with a fairly wide variety of subjects. My predecessor, Mr. Michaél P. Houlihan, got the Committee off to a good start last year and throughout the year under review I am glad to say most of the problems brought to it for consideration were either disposed of satisfactorily, or are in the course of having satisfactory results achieved. Throughout the year the attendance of members at the meetings of the Committee was extremely high and the active interest displayed by all members was evident by the satisfactory solution of most of the problems submitted to the Committee. 5.2 During the year under review, the following were among matters considered by the Committee: (a) Ethical problems arising from time to time between solicitors. (b) Proposals for increases in the fees payable to Commissioners for Oaths and a suggestion that all solicitors should be automatically entitled to administer oaths. (c) A proposal that solicitors should be entitled to practice in the form of limited companies. (d) A suggestion that there should be a special category of Society membership for non- practising solicitors. (e) Proposal that in probate cases affidavits concerning English law should be acceptable if made by an Irish solicitor. (f) Question as to the period for which a solicitor should be obliged to retain papers before disposing of the same by destruction or otherwise. (g) Continuing difficulties in regard to delays in the Central Office of the High Court. (h) Difficulties experienced by solicitors obtaining withdrawal of monies lodged in Court, particularly during vacation periods. (i) Further meetings were held with the Federation of Insurers in Ireland and the Irish Medical Association and the Irish Medical Union, and agreement was reached on a number of matters, such as the exchange of medical certificates, regulation of the fees payable to medical practitioners and the fees payable to solicitors and medical practitioners in relation to Road Traffic Act offences. The meetings with the bodies referred to were found to be fruitful and it is proposed to continue to exchange views with these Associations. (j) As Chairman of the Committee, I have had a number of meetings with the President of the High Court with a view to obtaining smoother working between the officials of the Courts and the profession, and correspondence has been entered into by the Committee with the Superior Court Rules Committee and the Circuit Court Rules Committee concerning changes that it is thought would be desirable in these Rules, (k) The Committee was concerned with the increase in the appearance in the newspapers of prominent notices by solicitors intimating opening of new offices, changing of offices, amalgamations and advertisements for staff. The Committee is worried about the frequency and the prominence given to these notices. (1) Question of payment of search fees between solicitors and clients in respect of client's documents occupied a good deal of the time of the Committee, and of a sub- committee appointed to examine the problem. The Committee has caused a notice to appear in the Gazette dealing with the subject but there are still some matters to be considered, such as the safe custody of wills, etc. (m) The Committee was asked to consider the extent of the information which the Revenue Commissioners inspectors were entitled to receive from solicitors concerning various matters, including the payment of counsels' fees, (n) The Committee had also to consider a proposition by some members of the profession that solicitors should be entitled to charge percentage fees on recovery of damages, etc. in lieu of ordinary taxed costs.

PROFESSIONAL PURPOSES COMMITTEE

Ernest J. Margetson

Chairman

David R. Plgot

Vice-Chairman

John Carrlgan L. Cullen A. J. Donnelly G. M. Doyle Michael Enright P. Glynn R. G. D*Esterre Roberts C. Hogan M. P. Houlihan J. Maher

P. Murphy P. McEIHn Rory O'Donnell M. M. Smyth

Ernest J. Margetson Chairman

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