The Gazette 1972

Proceedings of the Council THE SOCIETY 16 DECEMBER 1971

Committees had received a communication from the Department of Justice asking them to reconsider the orders which they had made and to substitute an in- crease of 20% for the amounts already included in the rules. It was decided that representations should be made to the Council by the Society to these committees pointing out that the increase of 42% barely covers the increase in the cost of living since 1964 and that in the case of the Circuit Court it is considerably less than the increase in the cost of living since the present scale of costs was prescribéd in 1961. 13 JANUARY 1972 The President in the chair, also present Messrs W. B. Allen, Walter Beatty, Bruce Blake, John Carrigan, Anthony E. Collins, Laurence Cullen, Gerard M. Doyle, James R. C. Green, Gerald Hickey, Thomas Jackson, John B. Jermyn, Francis Lanigan, Eunan McCarron, Patrick McEntee, Brandan A. McGrath, John Maher, Patrick G. Moore, Senator John J. Nash, Patrick Noonan, John C. O'Carroll, Peter E. O'Connell, Rory O'Connor, Thomas V. O'Connor, Patrick F. O'Donnell, William A. Osborne, David R. Pigot, Peter D. M. Prentice and Robert McD. Taylor. The following was among the business transacted. Where a solicitor is assigned a legal aid matter another solicitor should not accept a retainer from •the client until the first solicitor's assignment has been discharged. The accused has a right to retain another solicitor and is not deprived of that right by the legal aid assignment. It appears to the Council that a solici- tor assigned in a legal aid case is not entitled to costs under the legal aid scheme until evidence has been taken and until the case has been concluded. If costs are legally payable in a legal aid case to a solicitor assigned under the Act a solicitor should not accept a retainer on a change of solicitor until a certificate for payment of the original solicitor's costs has been issued. Change of solicitor—general rule As a matter of professional etiquette a solicitor who has been requested to accept a retainer in a matter in which a colleague has already been retained and whose retainer is being discharged should obtain the client's instructions and agreement to notifying the colleague of the change and should thereupon notify the colleague reserving his rights to act in the matter having regard to the circumstances of the case and the interests of justice. This opinion is issued as supplemental to opinion DR 22 (1) in the Members' Handbook 1968 edition. 34 Legal aid—change of solicitor The Council expressed the following opinion.

Mr. McGrath and afterwards Mr. O'Donovan in the chair also present, Messrs W. B. Allen, Walter Beatty, Bruce Blake, John Carrigan, Anthony Collins, Laurence Cullen, Gerard M. Doyle, Joseph Dundon, Thomas J. Fitzpatrick, James R. C. Green, Christopher Hogan, Michael P. Houlihan, Nicholas S. Hughes, John B. Jermyn, Francis Lanigan, Eunan McCarron, Patrick J. McEllin, Patrick McEntee, John Maher, Gerald J. Moloney, Patrick C. Moore, Senator J. J. Nash, George A. Nolan, Patrick Noonan, John G. O'Carroll, Peter E. O'Connell, Rory O'Connor, Thomas V. O'Connor, Patrick F. O'Donnell, John O'Meara, William A. Osborne, David R. Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert McD. Taylor, Ralph J. Walker. The following was among the business transacted. While appreciating the need for allocating any available space in the Four Courts to the best advantage the Council of the Incorporated Law Society of Ireland deprecate the undignified treat- ment to which the Taxing Masters of the High Court were recently subjected by the Department of Justice when possession was taken of their offices. The Council feel that had the matter been referred to the Chief Justice under whose juris- diction the Taxing Masters serve it would have been readily resolved to the satisfaction of all parties. Prices Bill 1971 A report circulated by the Secretary was considered followed by a general discussion. It was decided that the President with a deputation should seek an inter- view with the Minister for Industry and Commerce and if advised with the Minister for Justice to make representation against the application of the existing Prices legislation to solicitors' charges which are already subject to statutory control. Pending applications for increases in legal remuneration It was reported to the Council that the statutory body under the Solicitors Remuneration Act 1881 had received a communication from the Minister for Justice asking them to reconsider the increase of 42% on Schedule 2 made by the Solicitors Remuneration General Order 1971. This order must lie before the Oireachtas for a period of one month before it can become effec- tive. It was decided that the President and Secretary should attend the next meeting of the Statutory body to submit the views of the Society against the request made by the Department. It was also reported to the Council that the Circuit and District Courts Rules Taxing Masters' Offices. The Council passed the following resolution.