The Gazette 1976

THE INCORPORATED LAW SOCIETY OF IRELAND GAZETTE MARCH 1976 VOL. 70 NO. 2.

Society to Publish New Contract for Sale of Land The Society is shortly to publish a revised version of its standard Contract for Sale and Auction conditions. The provision has been carried out by the Conveyancing Committee of the Society advised by E. Garrett Gill S.C. A specimen of the New Contract was introduced at the Society of Young Solicitors Seminar held in Killarney on the 3rd and 4th April and it is hoped that the final version will be available to the Profession very shortly. The principal change in emphasis in the Contract is tha instead of certain clauses being prepared from the Vendors point of view the Society now seeks to hold an even balance between Vendor and Purchaser. Many of the old conditions have not been significantly amended but there are new clauses dealing with the obligation to pay a deposit being a condition precedent to the making of the Contract, clarifying the position where an agent signs a Contract in trust, introducing a right for the Purchaser of Leasehold property to be furnished with certain evidence of the Lessors Title, spelling out the Common Law Right of forfeitture of the deposit and providing for service of completion notices where time is not of the essence of the Contract. Rules for the Government of Prisons 1976 (S.I. No. 30, 1976) The Council of the Incorporated Law Society of Ireland has considered the provisions of the Rules for the Government of Prisons 1976 at a Meeting this week and has directed that the following Policy Statement be issued:— 1. The Council of the Incorporated Law Society of Ireland is fully conscious of the security problem which exists in relation to the running of prisons in the State. However, the Council also feel that comment should be now made on the new Prison Rules particularly in view of the stringent provisions they contain. 2. The Council have grave doubts as to the power of the Minister under the relevant Statute to make such regulations as the Prison Rules 1976. Even if such power was granted by Statute the Council doubts if such power could be reconciled with the Constitution or with the State's obligations under the European Convention on Human Rights and Fundamental Freedoms. 3. The Council is concerned that there should be no undue interference with the right of a prisoner to select and be advised by a legal advisor of his own own choice. The new Prison Rules in effect provide that any person (including a legal adviser) can be refused admission to a specified prison. There is no provision for a right of Appeal to a Court from a Ministerial direction or refusal under the Rules. While the Council have noted the assurances given by the Minister in Seanad Eireann the legal problem remains. 4. Apart from the important point relating to the function of the Courts there is no provision in the Rules indicating that they will be operative during a particular State of Emergency or for a limited period.

TWO SIDES TO A SALE Causes of complaint which reach the media con- cerning solicitors not infrequently appear to have their base in situations where a solicitor has been acting for both Vendor and Purchaser, particularly in housing transactions. Clients making complaints do not always indicate that the same solicitor has been acting for both parties, and this has only emerged during subsequent inquiries. It has also been reported that builders or their agents have been known to make a suggestion to a

prospective purchaser such as: "Our solicitor will look after your side of the business too; it'll be cheaper for you." While there has been no suggestion of malpractice, there is the possibility of an opinion arising in the public mind that these transactions are an 'inside affair' which benefit solicitors more than their clients. The Council has drawn attention in the past to the practice of Solicitors acting for both parties, and any potential cause for complaint against the profession should be avoided.