The Gazette 1990

GAZETTE

JANUARY/FEBRUARY 1990

present. Practitioners who wish to adhere to the correct practice are put in a very embarrassing position and are regarded as less than helpful by their colleagues, if they insist upon the deponent being present. Members of the profession are reminded that unless a document is properly sworn in the manner provided for in the various Statutes and Rules of the Superior Courts, it must not be executed by any Commissioner for Oaths as an affidavit. Failure to observe the formula can lead to serious consequences. There has recently been a court case where an affidavit was pro- duced as completed by a particular Commissioner for Oaths, where it was clearly demonstrated in court that the Commissioner for Oaths was on holidays at the time. The procedure as provided for in the various Statutes and Rules of the Superior Courts is essential to the proper administration of justice and should be properly adhered to by practitioners. • Judicial Separation and Family Law Reform Act 1989 From the 19th October, 1989 under the provisions of Sections 5 & 6 of the Judicial Separation and Family Law Reform Act 1989 each solic- itor dealing with a Judicial Separation client must present the Court with a certificate in conform- ance as appropriate with either Form No. 1 or 2 as set out in Statu- tory Instrument No. 289 of 1989. The Society is endeavouring to obtain a list of persons qualified to effect reconciliation which would be made available to practitioners on request. • Litigation Committee Scale of Fees for Attendance at Court by Solicitors as Witnesses 1) Fee for attending High Court per day or part of day (Fee to include

Consultation with Counsel if necessary on day of Court). 2) Fee for attending Circuit Court per day or part of day (Fee to include consultation with Counsel if necessary on day of Court). 3) Fee for attending

Practice Notes

£235

£160

District Court per day or part of day (Fee to include consultation with Counsel if necessary on day of Court). Counsel on day other than day of the Court case.

£135

Form 46G The Revenue Commissioners have commenced serving the above Form on solicitors. This Form is issued pursuant to Section 173 of the Income Tax Act 1967 and Section 22 of the Finance Act 1983. Solicitors who have been served with this Form are requested to furnish particulars of all pay- ments made by them to other parties, such as Barristers, Medical Practitioners, Engineers and other persons whose services they the Solicitor have retained on their own behalf. The particulars to be furnished are:- The names and adresses and tax reference No. of the persons supplying the services. The Taxation Committee of the Law Society considers that the in- formation given should relate solely to the solicitors' business and office account and under no cir- cumstances should information be given to the Revenue on this form in relation to client account or to client file. Any such information would be a breach of privilege or confidentiality. • Taxation Committaa The attention of members of the profession is called to Appendix C to the Guide to Professional Con- duct of Solicitors in Ireland which reproduces the late Gerard Frewen, B.L.'s excellent notes on the Duties of a Commissioner for Oaths. It appears that there has been an increasing incidence in recent years of the practice of people calling on Commissioners to complete docu- ments where the deponent is not Commissioner for Oaths

4) Consultation with

£55 5) A stand-by fee is payable where the solicitor is asked to be avail- able on a particular date to att- end Court and for any reason his services are not required as follows: (a) If the Court is held within five miles of the solicitor's practice and he is not given at least 72 hours notice (or 96 hours where the notice includes Saturday and Sun- day) that his services are not required the fee payable shall be 25% of the fee he would have required had he actually attended Court. (b) Where the Court is outside a radius of five miles from the solicitor's practice and he is not given a minimum of four days notice that his ser- vices are not required the fee payable shall be 50% of the fee for attending Court. Notice that the solicitor's ser- vices are not required should be given to him as quickly as possible after it becomes apparent that he is not required to attend Court or to hold himself available to do so. •

Secretary/Stenographer Seeks Position Wide experience and skills. Shorthand 150 w.p.m. verbatim. Capable of court work; Meetings etc. Typing; 50 w.p.m. W.P., Bookkeeping and accounts experience. Educated to third level. Phone. 802140 (anytime)

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