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THE SOCIETY
Proceedings of the Council
MEETINGS OF THE COUNCIL
SEPTEMBER 28th
The President in the chair, also present: Messrs W.
B. Allen, Walter Beatty, Bruce St. J. Blake, John Carri-
gan, Anthony E. Collins, Laurence Cullen, Gerard M.
Doyle, Joseph L. Dundon James R. G. Green, Gerald
Hickey, Michael P. Houlihan, Nicholas S. Hughes,
Thomas Jackson Jnr., John B. Jermyn, Francis J. Lani-
gan, Eunan McCarron, Patrick McEntee, Brendan A.
McGrath, Patrick C. Moore, George A. Nolan, Patrick
Noonan, John C. O'Carroll, Peter E. O'Connell, Thomas
V. O'Connor, Patrick F. O'Donnell, William A.
Osborne, Peter D. M. Prentice, Mrs. Moya Quinlan,
Ralph J. Walker.
The following was among the business transacted.
Lecturer and examiner in tax law
Mr. Michael O'Keeffe, B.L., was appointed in place
of Mr. Diggin owing to the unforeseen inability of the
latter to lecture on dates which would not be in conflict
with university lectures.
Circuit Court costs
It was reported that the making of new scales of
Circuit Court costs including the costs of the increased
jurisdiction have been postponed due to failure to reach
agreement on the scale of counsels' fees to be included
in the new rules. The Minister was prepared to sign the
rules already submitted giving effect to solicitors' scales
of costs but the Rules Committee were divided on this
proposal and no rules have yet been made. It was
decided that a letter should be written to the appro-
priate authorities that rules should be made dealing
with solicitors' remuneration leaving counsels' fees to be
dealt with separately.
Land Registry delays
A member wrote to the Society enclosing a list of
80 dealings lodged with the Land Registry from as far
back as March 1969 in which the title had not yet been
registered It was decided that the matter should be
taken up with the Department of Justice and with the
solicitor members in Dail Eireann.
Private Motorists Protection Insurance Co.
The P.M.P.A. offer a legal service to their members
on the same lines as the A.A. A member wrote to the
Society enclosing a letter written by the P.M.P.A. Insur-
ance Co. offering to act for the member in pursuing a
claim for damages to his car in which the P.M.P.A.
Insurance Co. had third party liability only. Corres-
pondence between the Society and the P.M.P.A. Insur-
ance Co. disclosed the information that the company
had no contractual insurance interest in the case. They
do, however, wish to operate a practice whereby a
member of the Association would be entitled to a legal
service in return for his membership subscription. It
was decided that the P.M.P.A. be informed that the
type of letter written in this case is objectionable on the
ground that there is a selection of a particular solicitor
to represent members and that if the Association wish
to provide a legal service the client should have the
right to choose his own solicitor.
Professional privilege
Members acted for an insurance company which was
defrauded by one of their employees in a substantial
sum. The employee was convicted and served a term of
imprisonment. Members were instructed to institute
proceedings against four banks for negligence. The pro-
ceedings had been settled. Neither members' clients nor
the banks wanted the publicity of Court proceedings.
Prior to the discovery of the fraud the employee had
consulted member in connection with the purchase of a
house and paid the sum of £200 towards the deposit.
Members still hold the deposit although they have been
asked by this client to return it. They know that the
money rightfully belongs to the insurance company and
the company has information as to the position and
have asked them to pay it over in part satisfaction of
the employee's liability. The Council stated that the
matter is covered by professional privilege and that no
information or payment should be given to the com-
pany without the client's consent. If the company
obtained a )garnishee order the position would be
different.
Delay in the publication of statutes
It was decided that the matter be taken up with the
solicitor representatives in the Oireachtas.
Estate duty on property sold by personal representatives
in the course of administration
The Secretary drew attention to the provisions of
Section 32 of the Finance Act, 1971, which amended
Section 8 (4) of the Finance Act, 1894. The effect of
this amendment seems to be that a purchaser from
personal representatives of leasehold property in the
course of administration may have to require a certifi-
cate of discharge from death duties. The Secretary had
been in communication with the Estate Duty Office and
while it appeared that this was not the intention of the
amendment the position seems to be doubtful. It was
decided to send a case to counsel for advice.
Blackhall Place
A request has been received from the Dublin Cor-
poration for permission to use the premises as a transit
centre in the event of an influx of refugees from
Northern Ireland in the case of an emergency. It was
decided to accede to the application subject to a com-
plete indemnity to be drafted by the Society's solicitors
against any liability for damage to persons or property.
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