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EDITORIAL
Ending Commission Scale Fees
Solicitors' fees for conveying properties of less than
£30,000 value have hitherto been set by a statutory
body in England according to scales proportionate to
the value of the property. This, it is alleged, has meant
that in some cases at least solicitors have received for
the work more than they would have received by any
other reasonble method of computation. The profes-
sion has been able to claim that solicitors have been
able to perform other services at less than cost, whether
conveyances of low-value properties or legal work of
another kind. The scale fees also have the advantage
of being calculable in advance so that clients know
where they are at least in that respect.
The Lord Chancellor has decided to do away with
scale charges altogether, rather than keep them as
maxima for properties of under £10,000 value as he
first proposed. The English Law Society, though still
disapproving of the change, prefers the way now chosen
to any other way of setting about it. The preservation
of maxima at the lower end of the scale would have
been some reassurance for the person of small means
buying a cheap house (if such a thing still exists). He
may in future find himself paying more than he would
May 18th.
The President in the chair, also present Messrs. W. B.
Allen, Walter Beatty, Bruce St. J. Blake, John Carrigan,
Anthony E. Collins, Laurence Culle, Gerard M. Doyle,
Gerald Hickey, Christopher Hogan, Nicholas S. Hughes,
Thomas Jackson, John B. Jermyn, Francis Lanigan,
Eunan McCarron, Patrick McEntee, B. A. McGrath,
Patrick C. Moore, Senator J. J. Walsh, George A.
Nolan, Patrick Noonan, Peter E. O'Connell, Rory
O'Connor, Thomas V. O'Connor, William A. Osborne,
Peter D. M. Prentice. Mrs Moya Quinlan Ralph J.
Walker.
The following was among the business transacted.
Medical witnesses' expenses in the High Court
The Council received a report from a deputation
which was received by the Taxing Masters on the sub-
ject of witnesses' expenses in the High Court. The
deputation express the view that the Taxing Masters
should allow the fee of 10 gns. claimed by medical
practitioners who request it where this is genuinely
necessary to obtain a report. Otherwise the client is
penalised because he may be unable to start h
:
s action.
The Taxing Masters undertook to consider the Society's
representations but were naturally unable to commit
have done under present scales; for it has long been the
contention of the profession that scale fees did not
cover costs in the case of low-value properties.
The Lord Chancellor is cautious about the effect of
the change on the general expense of conveyancing.
One is entitled to expect some relief at the top end of
the scale, though it is worth noting that a vestigial
reference to the amount at stake and the importance of
the matter to the client survives among the things to
which regard may be had in determining a "'air an J
reasonable" charge. The full effects of this reform are
likely to take time to show, as the way is opened for
competition in the profession and further specialisation.
It seems rather odd in the present climate of egali-
tarian philosophy that conveyancing should be made
cheaper for clients involved in the luxury type of con-
veyancing and dearer for purchasers of small houses,
as well as clients who at present rely on the profession
for low cost advisory services. The introduction of
similar proposals here would penalise the small client
even more because of the lack of anything corresponding
to the English Legal Aid and Service scheme.
themselves to any general practice in the matter. It was
pointed out that cases in which a plaintiff is a minor
the practice of allowing a reduced sum for medical
expenses may cause particular hardship. It was pointed
out by the Taxing Masters that in all such cases of
minors, the Council should be instructed to apply
immediately at the termination of a trial for extras
such as medical reports and other items wh
:
ch may not
be allowed between party and party and that a special
direction should be given in regard to these matters in
the order made up at the conclusion of the trial. The
judges are likely to accede to such applications, where
reasonable, if made before determination of the case
but there is little chance of having extra items allowed
on special applications after the main order has been
made.
Accountants' certificates
A report from the Registrars Committee on the
present position of accountants' certificates in arrear was
considered and it was decided that a circular should be
sent by the President to all members of the Society.
The report also recommended for consideration the
engagement by the Society on a wholetime basis of
suitable persons to run an audit service for members
who are unable to obtain accountants' certificates in
time due to the fact that many accountants are already
THE SOCIETY
Proceedings of the Council
160