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tained a statement requesting the applicant to insert
his solicitor's full name and address and that if the
applicant had not a solicitor he might find it beneficial
to use the Society's solicitor. The Society wrote to the
solicitor for the building society and to the society itself
stating that this statement would involve the solicitor
in a contravention of the Professional Practice Regula-
tions. The building society agreed to amend the terms
of the letter in accordance with the Society's request.
Commission scale fee probate and administration
matters
The Council on a report from a committee considered
several requests for guidance. In one case the deceased's
assets amounted to £15,000 and life interests and other
assets passing amounted to £40,000. Estate Duty was
charged on the aggregate of £55,000 and member
asked whether he could charge a commission scale fee
on £55.000. The Council in reply pointed out that the
commission scale fee is not an official scale but is to be
used as a rough guideline or yardstick. It would de-
pend largely on the amount of the work done by the
solicitor in relation to the life interest and if the solici-
tor did no work in that connection it was felt that the
appropriate scale fee should be charged only on the
basis of an estate for £15,000.
In another case the deceased held a house jointly
with a sister. The question was whether the value of
the deceased's interest in the house should be added to
the value of the absolute estate in assess'ng the scale
fee. The Council were of the opinion that if the scale
fee is applicable it would be correct to include one half
of the value of the house together with all other assets
in determining the amount in which the commission is
payable.
It was stated that in both cases the adoption of the
commission scale fee is by agreement with the client
and that the costs thereby produced are intended to
approximate to the fees which would be chargeable
under schedule 2 and other appropriate regulations, the
object being to avoid the inconvenience and expense of
drawing detailed bills of cost.
J ULY 26
The President in the Chair, also present, Messrs. W.
B. Allen, Walter Beatty, Bruce St. J. Blake, John F.
Buckley, John Carrigan, Anthony E. Collins, Laurence
Cullen, Gerard M. Doyle, James R. C. Green, Chris-
topher Hogan, Michael P. Houlihan, Thomas Jackson,
Jnr., Francis J. Lanigan, John Maher, Patrick C.
Moore,. Eunan McCarron, Patrick McEllin, Patrick
McEntee, Brendan A. McGrath, John J. Nash, Patrick
Noonan, John C. O'Carroll, Peter E. O'Connell, Rory
O'Connor, 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.
Interest on monies lodged in Court
It was pointed out that Court lodgments may re-
main in the Government bank for a long period earn-
ing no interest to the party. It was stated that the
Superior Courts Rules Committee is at present con-
sidering a rule providing for the investment of such
monies.
Practice by solicitors as unlimited companies
By direction of the Council a case was sent to counsel
for advice as to the legal position in this matter.
Advertisement of sale in solicitors' office
A press advertisement drafted and inserted by an
auctioneer without reference to the solicitor stated
that the auctioneer and interested parties would attend
at the office of the solicitor on a named date when the
property would be sold and the contract executed. The
auctioneer and interested parties attended at the office
of the solicitor who read the conditions of sale. The
property was sold and the contract executed. The
Council on a report from a solicitor stated that the
advertisement inserted by the auctioneer was open to
objection on professional grounds. It was recognised
that the solicitor was not responsible.
Road Traffic Prosecutions
On a report from a committee the Council stated
that the minimum fee of ten gns. paid by insurance
companies to a solicitor for conducting the defence of
the insured party and supplying a report of the pro-
ceedings is inadequate. The committee took the view
that the minimum fee should now be fifteen gns. It
was decided to negotiate a fresh agreement with the
Accident Offices Association.
Dublin Corporation certificates as to roads and services
The Council considered a report of a meeting be-
tween representatives of the Council and representa-
tives of the local authorities concerned which will be
printed in the Society's Gazette in due course.
COMMITTEE ON COURT PRACTICE AND
PROCEDURE
The following Interim Reports have recently been
issued :
(1) 12th Interim Report on Courts Organisation.
(Price 17£p plus 12£p postage).
(2) 17th Interim Report on Court Fees. (Price 9p plus
3p postage).
(3) 18th Interim Report on Execution of Money,
Judgments, Orders and Decrees. (Price lOp plus
3p postage.
All these publications which will be summarised later,
can be obtained from the Government Publications Sale
Office, G.P.O. Buildings, Dublin 1.
183