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Proceedings of the Council
THE SOCIETY
16 DECEMBER 1971
Mr. McGrath and afterwards Mr. O'Donovan in the
chair also present, Messrs W. B. Allen, Walter Beatty,
Bruce Blake, John Carrigan, Anthony Collins, Laurence
Cullen, Gerard M. Doyle, Joseph Dundon, Thomas J.
Fitzpatrick, James R. C. Green, Christopher Hogan,
Michael P. Houlihan, Nicholas S. Hughes, John B.
Jermyn, Francis Lanigan, Eunan McCarron, Patrick J.
McEllin, Patrick McEntee, John Maher, Gerald J.
Moloney, Patrick C. Moore, Senator J. J. Nash, George
A. Nolan, Patrick Noonan, John G. O'Carroll, Peter E.
O'Connell, Rory O'Connor, Thomas V. O'Connor,
Patrick F. O'Donnell, John O'Meara, William A.
Osborne, David R. Pigot, Peter D. M. Prentice, Mrs.
Moya Quinlan, Robert McD. Taylor, Ralph J. Walker.
The following was among the business transacted.
Taxing Masters' Offices.
The Council passed the following resolution.
While appreciating the need for allocating any
available space in the Four Courts to the best
advantage the Council of the Incorporated Law
Society of Ireland deprecate the undignified treat-
ment to which the Taxing Masters of the High
Court were recently subjected by the Department
of Justice when possession was taken of their
offices. The Council feel that had the matter been
referred to the Chief Justice under whose juris-
diction the Taxing Masters serve it would have
been readily resolved to the satisfaction of all
parties.
Prices Bill 1971
A report circulated by the Secretary was considered
followed by a general discussion. It was decided that
the President with a deputation should seek an inter-
view with the Minister for Industry and Commerce
and if advised with the Minister for Justice to make
representation against the application of the existing
Prices legislation to solicitors' charges which are already
subject to statutory control.
Pending applications for increases in legal remuneration
It was reported to the Council that the statutory
body under the Solicitors Remuneration Act 1881 had
received a communication from the Minister for Justice
asking them to reconsider the increase of 42% on
Schedule 2 made by the Solicitors Remuneration General
Order 1971. This order must lie before the Oireachtas
for a period of one month before it can become effec-
tive. It was decided that the President and Secretary
should attend the next meeting of the Statutory body
to submit the views of the Society against the request
made by the Department. It was also reported to the
Council that the Circuit and District Courts Rules
Committees had received a communication from the
Department of Justice asking them to reconsider the
orders which they had made and to substitute an in-
crease of 20% for the amounts already included in the
rules. It was decided that representations should be
made to the Council by the Society to these committees
pointing out that the increase of 42% barely covers the
increase in the cost of living since 1964 and that in the
case of the Circuit Court it is considerably less than
the increase in the cost of living since the present scale
of costs was prescribéd in 1961.
13 JANUARY 1972
The President in the chair, also present Messrs W.
B. Allen, Walter Beatty, Bruce Blake, John Carrigan,
Anthony E. Collins, Laurence Cullen, Gerard M. Doyle,
James R. C. Green, Gerald Hickey, Thomas Jackson,
John B. Jermyn, Francis Lanigan, Eunan McCarron,
Patrick McEntee, Brandan A. McGrath, John Maher,
Patrick G. Moore, Senator John J. Nash, Patrick
Noonan, John C. O'Carroll, Peter E. O'Connell, Rory
O'Connor, Thomas V. O'Connor, Patrick F. O'Donnell,
William A. Osborne, David R. Pigot, Peter D. M.
Prentice and Robert McD. Taylor.
The following was among the business transacted.
Legal aid—change of solicitor
The Council expressed the following opinion.
Where a solicitor is assigned a legal aid matter
another solicitor should not accept a retainer from
•the client until the first solicitor's assignment has been
discharged. The accused has a right to retain another
solicitor and is not deprived of that right by the legal
aid assignment. It appears to the Council that a solici-
tor assigned in a legal aid case is not entitled to costs
under the legal aid scheme until evidence has been
taken and until the case has been concluded. If costs
are legally payable in a legal aid case to a solicitor
assigned under the Act a solicitor should not accept
a retainer on a change of solicitor until a certificate for
payment of the original solicitor's costs has been issued.
Change of solicitor—general rule
As a matter of professional etiquette a solicitor who
has been requested to accept a retainer in a matter in
which a colleague has already been retained and whose
retainer is being discharged should obtain the client's
instructions and agreement to notifying the colleague
of the change and should thereupon notify the colleague
reserving his rights to act in the matter having regard
to the circumstances of the case and the interests of
justice. This opinion is issued as supplemental to
opinion DR 22 (1) in the Members' Handbook 1968
edition.
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