The Gazette 1973

Jnr., Francis J. Lanigan, John Maher, Patrick C. Moore,. Eunan McCarron, Patrick McEllin, Patrick McEntee, Brendan A. McGrath, John J. Nash, Patrick Noonan, John C. O'Carroll, Peter E. O'Connell, Rory O'Connor, 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. Interest on monies lodged in Court It was pointed out that Court lodgments may re- main in the Government bank for a long period earn- ing no interest to the party. It was stated that the Superior Courts Rules Committee is at present con- sidering a rule providing for the investment of such monies. Practice by solicitors as unlimited companies By direction of the Council a case was sent to counsel for advice as to the legal position in this matter. Advertisement of sale in solicitors' office A press advertisement drafted and inserted by an auctioneer without reference to the solicitor stated that the auctioneer and interested parties would attend at the office of the solicitor on a named date when the property would be sold and the contract executed. The auctioneer and interested parties attended at the office of the solicitor who read the conditions of sale. The property was sold and the contract executed. The Council on a report from a solicitor stated that the advertisement inserted by the auctioneer was open to objection on professional grounds. It was recognised that the solicitor was not responsible. Road Traffic Prosecutions On a report from a committee the Council stated that the minimum fee of ten gns. paid by insurance companies to a solicitor for conducting the defence of the insured party and supplying a report of the pro- ceedings is inadequate. The committee took the view that the minimum fee should now be fifteen gns. It was decided to negotiate a fresh agreement with the Accident Offices Association. Dublin Corporation certificates as to roads and services The Council considered a report of a meeting be- tween representatives of the Council and representa- tives of the local authorities concerned which will be printed in the Society's Gazette in due course.

tained a statement requesting the applicant to insert his solicitor's full name and address and that if the applicant had not a solicitor he might find it beneficial to use the Society's solicitor. The Society wrote to the solicitor for the building society and to the society itself stating that this statement would involve the solicitor in a contravention of the Professional Practice Regula- tions. The building society agreed to amend the terms of the letter in accordance with the Society's request. The Council on a report from a committee considered several requests for guidance. In one case the deceased's assets amounted to £15,000 and life interests and other assets passing amounted to £40,000. Estate Duty was charged on the aggregate of £55,000 and member asked whether he could charge a commission scale fee on £55.000. The Council in reply pointed out that the commission scale fee is not an official scale but is to be used as a rough guideline or yardstick. It would de- pend largely on the amount of the work done by the solicitor in relation to the life interest and if the solici- tor did no work in that connection it was felt that the appropriate scale fee should be charged only on the basis of an estate for £15,000. In another case the deceased held a house jointly with a sister. The question was whether the value of the deceased's interest in the house should be added to the value of the absolute estate in assess'ng the scale fee. The Council were of the opinion that if the scale fee is applicable it would be correct to include one half of the value of the house together with all other assets in determining the amount in which the commission is payable. It was stated that in both cases the adoption of the commission scale fee is by agreement with the client and that the costs thereby produced are intended to approximate to the fees which would be chargeable under schedule 2 and other appropriate regulations, the object being to avoid the inconvenience and expense of drawing detailed bills of cost. J ULY 26 The President in the Chair, also present, Messrs. W. B. Allen, Walter Beatty, Bruce St. J. Blake, John F. Buckley, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, James R. C. Green, Chris- topher Hogan, Michael P. Houlihan, Thomas Jackson, Commission scale fee probate and administration matters

COMMITTEE ON COURT PRACTICE AND PROCEDURE The following Interim Reports have recently been issued : (1) 12th Interim Report on Courts Organisation. (Price 17£p plus 12£p postage). (2) 17th Interim Report on Court Fees. (Price 9p plus 3p postage). (3) 18th Interim Report on Execution of Money, Judgments, Orders and Decrees. (Price lOp plus 3p postage. All these publications which will be summarised later, can be obtained from the Government Publications Sale Office, G.P.O. Buildings, Dublin 1.

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