The Gazette 1971

THE SOCIETY Proceedings of the Council

20th May 1971: The President in the chair, also present Messrs W. B. Allen, Walter Beatty, Bruce St. J. Blake, John Garrigan, Anthony E. Collins, Laurence Cullcn, erard M. Doyle, James R. C. Green, Gerald Hickey, Thomas Jackson Jnr., Francis J. Lanigan, Patrick McEntee, John Maher, Gerald J. Moloney, Patrick C. Moore, Desmond Moran, Senator John J. Nash, Peter E. O'Connell, Thomas Valentine O'Connor, Patrick F. O'Donnell, James W. O'Donovan, David R. Pigot, Peter D. M. Prentice, Mrs. Moya Quinlan, Robert The Council considered the terms of the Finance Reso- lution which restricts the exemption from estate duty on marriage gifts to the first £5,000 where the gift is made by a parent and the first £1,000 where the gift is made by another person. It was decided to publish a statement drawing attention to this position and urging that the present exemption should be retained. Solicitor acting for a group of purchasers A number of clients interested in purchasing houses in a building estate approached a member and asked him to quote a reduced fee for the work which involved investigating the title, dealing with the mortgagee's solicitors and completing each transaction. The suggested fee would work out at about one-third of the commission scale fee for an individual transaction. The Council on a report from a committee stated that an agreement to act on the terms suggested would be contrary to the Professional Practice Regulations. Professional ncgligence—failure to serve witness summons The Society received an enouirv from a trade union as to whether a solicitor who fails to issue a witness sum- mons on a medical practitioner, with the result that the witness did not attend the hearing to give evidence as required bv the plaintiff, is guiltv of negligence. The Council stated that it would be impossible to advise McD. Taylor and Ralph J. Walker. Finance Resolution—Estate Duty

generally in a matter of this kind as the answer would depend upon the circumstances of each case and whether the service of a witness summons to compel the doctor to attend Court would be in the client's interests. Conveyancing practice On the sale of property by an insurance company the purchaser's solicitor asked for certified copies of the minute of a previous company authorising the purchase of the premises in 1940 and the sale in 1966 and also a copy of the minutes of the present vendor company authorising the purchase by the company and the present sale. The solicitors for the vendor asked for the opinion of the Council as to whether these requisitions are necessary and whether in such event they should be included in the Society's standard requisitions on title. The Council on the report of a committee stated that such requisitions are not necessary or usual and that they should not be included in the Society's standard form. Medical witnesses' expenses The Council appointed representatives to attend a meeting arranged between the Taxing Master and the Irish Medical Association and the Irish Medical Union to discuss present fees allowed on taxation to medical practitioners for reports and attendance at Court.

INTERNATIONAL BAR ASSOCIATION BUSINESS LAW SECTION

The Director General of the Association has written to the Society asking for the names of volunteers who would be willing to act on committees dealing with the various fields of law covered by the Section e.g. com- mercial law, tax law, patents, copyright and trade marks, company law. A further notice will be published in the Gazette in the near future. In the meantime members who are interested in any of these subjects are invited to notify the Secretary.

Presentation of Certificates: The Role of the Lawyer

I make no apology for the use of the word 'noble'. If you think that this expression lacks the challenge and the drive associated with terms in current vogue, such as 'dynamic', 'vital', 'creative', 'forward-looking' etc. — let me remind you that your concern will be the problems of people, with problems thrown up by life. The operation of the law is seen in the daily life of the community. Law is a real and living thing; a dynamic instrument to be used to improve the human condition. The practice of law as a profession is to provide a public service. It is nonetheless a public service because

The ceremony of presenting certificates to newlv qualified solicitors was held in the Library of Solicitor's Buildings. Four Courts, Dublin, on Thursday, 27th May 1971, at 4 p.m. The President. Mr. B. A. McGrath, in addressing the newlv-qualified rolicitors on "The Role of the Lawyer", said:— Ladies and Gentlemen—or perhaps I should sav Young Solicitors, to whom mv remarks this evening are prim- arilv addressed—vou are about to enter upon a career in a 'noble' profession.

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