Previous Page  266 / 294 Next Page
Information
Show Menu
Previous Page 266 / 294 Next Page
Page Background

premises situated in an area of compulsory registration.

Tht representations made by the Society were however

unsuccessful and the existing practice will be continued.

All the solicitors representing the lending institutions

however agreed that in any case of difficulty they would

not insist on a mortgagor attending at the offices of the

mortgagee's solicitor to complete the mortgage. It was

also reported to the meeting that in some cases a solici-

tor for a building society closed transactions with more

than one borrower at the same time and this was

regarded as open to objection. It was submitted on

behalf of the Society that each completion should be a

separate and private transaction. Nine lending institu-

tions were represented at the meeting and it was stated

on behalf of each of them that the practice sought by

the Council in this connection is followed.

Solicitor's registered place of business

The Committee on Court Practice and Procedure in

its Eighth Interim Report recommended that the re-

quirement that the solicitor conducting litigation in the

Superior Courts must have a place of business within a

radial distance of two miles from the Four Courts

should be abolished. Section 23 of the Courts Act

1971 was designed to carry this effect into recommenda-

tion but the necessary rules of court to give effect to it

have not yet been made. A letter was sent to the

Superior Court Rules Committee asking that the ruies

be amended so that a solicitor would be no longer re-

quired to have a registered place of business within the

two miles radius of the Four Courts.

District Court—Solicitors and Client costs

Members were instructed to recover a debt of £82

and had to travel 18 miles to a District Court to obtain

the decree. The proceedings were successful. The sum

of £8 was deducted from the amount collected as a

solicitor and client charge. The Council on a report

from a committee stated that the proper practice is to

inform the client upon acceptance of the instructions

that a solicitor and client charge is likely to be involved.

However failure to inform the client would not prevent

a solicitor being entitled to charge on a solicitor and

client basis. The solicitor should inform the client of his

right to have the solicitor and client bill taxed if -he

regards it as excessive.

Certificates for banks

Members wrote to the Society on the subject of the

practice of one of the banks which will now seal docu-

ments only if there is a certificate on the back to the

effect that the document is in order for sealing to be

signed by their law agent or by the solicitor acting for

the customer. While this poses no problems where the

solicitor is acting for the bank the position is very

different in the case of a trust in which the bank is to

be the trustee. In such a case the solicitor is acting for

the settlor and he is not advising the bank as to its

correctness or otherwise of the deed or whether it is

suitable for the bank to execute it at all. To sign the

certificate puts the solicitor in the position that he is

advising the bank as to the propriety of executing the

particular document. The Council on a report from a

committee stated that a solicitor not acting for the bank

should not be asked to advise the bank as to the

propriety of executing the particular document.

Dublin Corporation leases

Members drew attention to cases where purchasers

are taking leases from the Dublin Corporation. The

law agent will not send out the engrossment of the

lease as a matter for completion but requires the pur-

chaser to attend personally at the Corporation to sign

the lease. This frequently results in delay as well as

inconvenience. It takes two or three months to have the

leases sealed by the Dublin Corporation and this imposes

hardship on the builder and purchaser alike. The matter

was referred to the Dublin Solicitors' Bar Association

who were asked to take the matter up with the Corpora-

tion and to refer back to the Society.

Legal Aid

It was decided to summon a meeting of solicitors on

the legal aid panel throughout the country to discuss

the present scales of legal aid fees and any appropriate

action to obtain an increase in the scales.

World Peace through Law Conference

The Abidjan World Conference on World Peace

through Law will be held in Abidjan, Ivory Coast,

August 26th-31st, 1973. This Conference is the first

such world meeting of the legal profession ever to be

held in Africa. Discussions will be held in such areas as :

religion and the law, international organizations, human

rights and urban development.

A special charter flight from Paris to Abidjan on

August 25th has been arranged, returning to Pat is,

September 1st, 1973. The round trip fare will he

$250.00 (U.S.) per person (£105).

Further information and application forms can be

obtained upon request from the Law Society of Ireland.

International Congress of Jewish Lawyers

The Second International Congress of Jewish Lawyers

and Jurists, organized by the International Association

of Jewish Lawyers and Jurists will be held in Jerusalem,

Israel on August 19th-23rd, 1973, under the auspices of

the President of the Supreme Court of Israel and the

Minister of Justice.

The Congress will be held within the framework of

the celebrations of the 25th anniversary of the State of

Israel, and will be dedicated to 25 years of legislation

and judicature in Israel.

For information and for preliminary registration

apply to The Secretariat of the Congress, Daphna

Events, P.O.B. 29234, Tel-Aviv, Israel.

- 2 7 0