The Gazette 1936-40

The Gazette of the Incorporated Law Society of Ireland

MAY, 1939]

The Council addressed to the Minister for Justice a communication on this subject, and as a result has received a reply stating that appropriate steps have already been taken with a view to supplementing the present staff in that office, but that some little delay must inevitably take place in making appointments. The matter will continue to engage the attention of your Council. A recent reference by a Judge of the High Court on Circuit for the hearing of Appeals as to the amount of the Circuit Court costs in a case which came before him attracted considerable attention not only in the public press but in Dail Eire. As the question of Circuit Court costs may in the near future be the subject matter of reconsideration I do not, at the moment, propose to refer further to the particular case under notice, but in fairness to our profession I think it right to prevent any misapprehension as to the position. Of all Officials connected with conduct of a lawsuit, whether in the Circuit or High Court, the Solicitor concerned is the only one who comes into direct contact with the litigant. He has to institute the proceedings, arrange for the preparation of necessary proofs, procure the attendance of witnesses and generally make all arrange ments necessary for the proper presentation of the suit to the Court, and should there be any neglect or even lack of judgment in these matters it is the Solicitor who has to accept responsibility and bear the blame if ! matters do not go right. In cases involving • substantial amounts the outlay incidental to a proper presentation of the case must necessarily be heavy, and such outlay must be included in the Solicitor's bill. In the result the total amount is referred to as " costs," and little regard ever seems to be paid to the very substantial out-of-pocket expenses included in these bills, and which expenses, in fact, form no part at all of the profit remuneration accruing to the Solicitor concerned in the matter. I think it desirable that this point should be emphasised, and that it should be made clear that the Solicitors' profession is not by any means the only one concerned when the word " costs " is used in such general terms. Complaints having reached your Council of what the profession consider undue delay

remarks on the subject have received the cordial approval of the profession through out Eire, and as a result of representations made by the Council, the Minister for Justice has arranged to meet a deputation from the Council on this matter, and it is hoped that something will be done to rectify a thoroughly unsatisfactory situation which, if it develops further, is certain to result in confusion, delay and inefficiency, and to seriously interfere with the administration of Justice in the Circuit Court. A similar case has now arisen as a result of the death of the District Probate Registrar at Waterford. Under the Court Officers Act the Minister for Justice may transfer the duties of this Office to the County Registrar. Strong representations have been received from the local practitioners as to the undesirability, loss and inconvenience which would result if such a transfer were effected in that District, and your Council have given these protests their fullest support and taken steps to bring them to the notice of the Minister for Justice and the Probate Judge. Another matter which has engaged the attention of your Council is the insufficiency •of the clerical staff allocated to the Offices of the Justices of the Dublin Metropolitan District Courts. There has been no increase for some years in the clerical staff allocated to these Offices, while during that time the volume of office work to be dealt with has increased to a very great extent as a result of legislation passed in the meantime. The Road Traffic Act, to give only one example, entails an enormous amount of extra work, and the existing staff has now to deal not only with the clerical assistance required by the three City Justices, but, also when necessary, of the Justices allocated to the large District covered by County Dublin area. When the amount of work involved in issuing summonses, entering Civil Bills, checking Decrees, taking and copying deposi tions, and other matters in these busy districts is considered, it will be obvious that the office staff cannot satisfactorily cope with it. This is a matter of grave concern to the Commercial interests of the City and County, and unless remedied will lead to confusion and delay with the inevitable disadvantages incidental thereto.