The Gazette 1940-44

It is considered desirable that the profession should have representatives in the Seanad in a position to speak with authority on behalf of the Society and the profession, particularly in view of the early introduction of the Solicitors' Bill. It is hoped that members throughout the country will use their influence in securing preferences for the Society's nominees. Those having votes are requested to give the Society's nominees their No. 1 or an early preference. SEARCH FEES IN view of the numerous queries as to the prop riety of Search Fees the Council has decided to lay down general principles on which, in its opinion, Solicitors should normally act. (1) It is the duty of a Solicitor to keep his clients' valuable documents (such as documents of title, wills, or other documents specially en trusted to him for safe custody) carefully, and so as to be readily accessible. Normally no search should be necessary for such documents and, therefore, no search fee should be charged where the documents are required by the owner or by his Solicitor or by persons claiming under him. Where, however, a Solicitor is required to make a search for such documents and the search shows that they are not in fact in his custody, a search fee may properly be charged. (2) 'Where the Solicitor is required to hand over papers not falling under head (1) in a matter concluded at least one year previously, and where a search is genuinely necessary, a reason able search fee may be charged dependent on the work involved. The sum of two guineas is generally fair, but in many cases the fee might be less or possibly more. (3) Papers under head (2) in a current matter or a matter concluded within one year should be handed over without a search fee. (4) A Solicitor is in all cases entitled to charge a reasonable fee dependent on the work involved for his attendance and for scheduling documents to be handed over. Such fee will normally be covered by the search fee where chargeable. (5) The above rules apply in the case of a Solicitor who acquires the practice of another solicitor, whether by death, purchase, or gift or otherwise. (6) Where a Solicitor is retained to wind up the practice of another Solicitor or of a deceased Solicitor, and has so acquired the documents of

such Solicitor for safe keeping without acquiring the goodwill, the Solicitor is entitled to claim a search fee. (7) Where documents are required to be pro duced by some person other than the client or his present Solicitor, and the Solicitor holding the documents is at liberty to produce the docu ments, he should be normally entitled to a search fee. (8) Where a Solicitor is required to give in formation which necessitates making a Search, a fee may properly be charged. This opinion of the Council will be published in the Society's Calendar and Law Directory. The Society's Gazette THE present issue of the Society's Gazette appears in a form different to that which has become familiar to members of the Society since it commenced publication. The Council in deciding to adopt this new form have had in view the desirability of increasing the utility and interest of the Gazette within the limits imposed by war time restrictions. While the Gazette is and will continue to be published primarily as a record of the Society and will aim neither to emulate nor to compete with other publications of greater legal interest, the Council hopes to increase its scope by keeping the profession in touch with recent decisions of the Irish and English Courts of peculiar interest to solicitors, by noting statutes of the Oireachtas and important Government regulations as soon as possible after they become law, by more extensive reports of the proceedings of the Society, and by the publication of notes which members are invited to contribute. It should, however, be borne in mind by contribu tors that brevity is essential in the present cir cumstances of paper shortage. Views expressed by contributors in the Gazette will not of necessity coincide with those of the Council except in so far as it may expressly endorse them. Liability of Solicitors as Estate Agents SOLICITORS who act as Estate Agents over their clients' property have in many cases been held liable to the Sanitary Authorities for the expenses of complying with the various notices which may be served on the owner on account of defects in tenanted property under the provisions of the Public Health Act, 1878. This liability arises by 16 CURRENT TOPICS