The Gazette 1973

Proceedings of the Council THE SOCIETY MAY 31st

accept them. A committee reported that in the Society's Gazette of March 1958 the Council expressed the opinion that where a practising solicitor was appointed County Registrar there is no objection to his continuing the practice for a short period with the permission of the Department of Justice pending its disposal. The Council endorsed this report and stated that there is no objection to the continuance of the practice for a limited period on the conditions mentioned. Instructions from Resident's Association in conveyanc- ing matters Members act for builders on a housing estate who have agreed with the residents en bloc to sell the fee simple at a special purchase price. Members will also act for the builders. The local Residents' Association are anxious to instruct a single solicitor. Various solici- tors acted upon the individual purchases when the estate was being developed. It was stated that the title is straightforward and that there will be no conflict of interest. They enquired whether they might comply with a request from the vendors to act for the members of the Residents' Association. The Council on a report from a committee stated that if the clients wish to consult members individually or any other solicitor of their choice they may do so. The instructions should not come from the Residents' Association. The costs should be charged on the commission scale of schedule 2 at the option of the solicitor. Sharing stockbrokers commission The Council received a report from a committee and a statement is published in this issue of the Gazette at page 158, below. Press articles by solicitors A member was asked to write articles under his name for a Sunday newspaper reconstructing actual legal cases in simple terms using characters with fictitious names. He stated that the articles would be over his signature but without his professional description. He asked for clearance. The Council in reply stated on the facts submitted there is no objection. Exchange of properties Member acts for a client who is exchanging premises in London for a hotel in Ireland. The client will be pay- ing £13,000 for equality of exchange being made up of £8,000 in cash and £5,000 worth of equipment and furniture. The value of the hotel premises is £26,000. In reply to a query as to the correct basis of charge the Council stated that assuming that there is full investi- gation of title and the preparation, drawing, engross- ment and separate registration and stamping of two deeds (because the properties are in two different countries) the basis of charge would be the appro- priate scale fee on a value of £26,000 as solicitor for the vendor. 157

The President in the chair also present Messrs Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, Joseph L. Dundon, James R. C. Green, Gerald Hickey, Christopher Hogan, Michael P. Houli- han, John B. Jermyn, Francis J. Lanigan, John Maher, Patrick C. Moore, Eunan McCarron, Brendan A. McGrath, John J. Nash, George A. Nolan, Patrick Noonan, John C. O'Carroll, Peter E. O'Connell, James W. O'Donovan, William A. Osborne, Peter D. M. Prentice, David R. Pigot, Mrs. Moya Quinlan, Robert McD. Taylor and Ralph J. Walker. The following was among the business transacted. Medical witnesses expenses A medical practitioner wrote to the Society stating that a member had failed to pay medico-legal fees for furnishing reports and also fees for treatment of the client who was a patient of the medical practitioner as a result of a road accident following which he recovered substantial damages in legal proceedings in which the member acted for him. There was a conflict as to whether the client was entitled to treatment as a public patient in the hospital or whether he was treated privately. The committee having investigated the facts came to the conclusion that they could not resolve the question whether the patient was treated as a public patient or not and in any event in the absence of a personal undertaking by the solicitor he would not be legally responsible for payment of these fees. It would also appear that the solicitor gave no personal under- taking with regard to the payment of fees for medical reports but he had paid the fees allowed by the Taxing Master. It was decided that the Council should take no action in the matter. Solicitor as director of an auctioneering firm A member wrote stating that he had been requested by his clients to become a director of a firm of auc- tioneers. In order to comply with the Companies Acts his name would have to appear on the notepaper but would not appear in the title of the company. The word solicitor would not appear after his name on the com- pany's stationery. He enquired whether there was any objection on the part of the Society. The Council on a report from a committee stated that no objection should be taken to member's joining the board of the auctioneering firm on condition that he is not described on the stationery as a solicitor and that he undertake not to act in a conveyancing matter for any client introduced by or through the firm. Sale of practice by solicitor entering the State service A member who had been appointed to a public position enquired whether there would be any objection on the part of the Society to his winding up his existing work and handing over any papers or documents in possession to a colleague who might be willing to