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Proceedings of the Council
THE SOCIETY
MAY 31st
The President in the chair also present Messrs Walter
Beatty, Bruce St. J. Blake, John F. Buckley, John
Carrigan, Anthony E. Collins, Laurence Cullen, Gerard
M. Doyle, Joseph L. Dundon, James R. C. Green,
Gerald Hickey, Christopher Hogan, Michael P. Houli-
han, John B. Jermyn, Francis J. Lanigan, John Maher,
Patrick C. Moore, Eunan McCarron, Brendan A.
McGrath, John J. Nash, George A. Nolan, Patrick
Noonan, John C. O'Carroll, Peter E. O'Connell, James
W. O'Donovan, William A. Osborne, Peter D. M.
Prentice, David R. Pigot, Mrs. Moya Quinlan, Robert
McD. Taylor and Ralph J. Walker.
The following was among the business transacted.
Medical witnesses expenses
A medical practitioner wrote to the Society stating
that a member had failed to pay medico-legal fees for
furnishing reports and also fees for treatment of the
client who was a patient of the medical practitioner as
a result of a road accident following which he recovered
substantial damages in legal proceedings in which the
member acted for him. There was a conflict as to
whether the client was entitled to treatment as a public
patient in the hospital or whether he was treated
privately. The committee having investigated the facts
came to the conclusion that they could not resolve the
question whether the patient was treated as a public
patient or not and in any event in the absence of a
personal undertaking by the solicitor he would not be
legally responsible for payment of these fees. It would
also appear that the solicitor gave no personal under-
taking with regard to the payment of fees for medical
reports but he had paid the fees allowed by the Taxing
Master. It was decided that the Council should take no
action in the matter.
Solicitor as director of an auctioneering firm
A member wrote stating that he had been requested
by his clients to become a director of a firm of auc-
tioneers. In order to comply with the Companies Acts
his name would have to appear on the notepaper but
would not appear in the title of the company. The word
solicitor would not appear after his name on the com-
pany's stationery. He enquired whether there was any
objection on the part of the Society. The Council on a
report from a committee stated that no objection should
be taken to member's joining the board of the
auctioneering firm on condition that he is not described
on the stationery as a solicitor and that he undertake
not to act in a conveyancing matter for any client
introduced by or through the firm.
Sale of practice by solicitor entering the State service
A member who had been appointed to a public
position enquired whether there would be any objection
on the part of the Society to his winding up his existing
work and handing over any papers or documents in
possession to a colleague who might be willing to
accept them. A committee reported that in the Society's
Gazette of March 1958 the Council expressed the
opinion that where a practising solicitor was appointed
County Registrar there is no objection to his continuing
the practice for a short period with the permission of
the Department of Justice pending its disposal. The
Council endorsed this report and stated that there is no
objection to the continuance of the practice for a
limited period on the conditions mentioned.
Instructions from Resident's Association in conveyanc-
ing matters
Members act for builders on a housing estate who
have agreed with the residents en bloc to sell the fee
simple at a special purchase price. Members will also
act for the builders. The local Residents' Association
are anxious to instruct a single solicitor. Various solici-
tors acted upon the individual purchases when the
estate was being developed. It was stated that the title
is straightforward and that there will be no conflict of
interest. They enquired whether they might comply
with a request from the vendors to act for the members
of the Residents' Association. The Council on a report
from a committee stated that if the clients wish to
consult members individually or any other solicitor of
their choice they may do so. The instructions should
not come from the Residents' Association. The costs
should be charged on the commission scale of schedule
2 at the option of the solicitor.
Sharing stockbrokers commission
The Council received a report from a committee and
a statement is published in this issue of the Gazette at
page 158, below.
Press articles by solicitors
A member was asked to write articles under his name
for a Sunday newspaper reconstructing actual legal
cases in simple terms using characters with fictitious
names. He stated that the articles would be over his
signature but without his professional description. He
asked for clearance. The Council in reply stated on the
facts submitted there is no objection.
Exchange of properties
Member acts for a client who is exchanging premises
in London for a hotel in Ireland. The client will be pay-
ing £13,000 for equality of exchange being made up of
£8,000 in cash and £5,000 worth of equipment and
furniture. The value of the hotel premises is £26,000.
In reply to a query as to the correct basis of charge the
Council stated that assuming that there is full investi-
gation of title and the preparation, drawing, engross-
ment and separate registration and stamping of two
deeds (because the properties are in two different
countries) the basis of charge would be the appro-
priate scale fee on a value of £26,000 as solicitor for
the vendor.
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