59 / 294
in 1964. This is in accordance with the increase in the
cost of living figure between 1964 and
February
1971.
The following table shows the comparison between the
official cost of living index with salaries of the judiciary,
members of the Oireachtas, higher officers in the public
service (including Court officials) and solicitors' fees
between 1961 and February 1971. It is understood that
further increases in public service salaries stated in the
press to be in the order of 10 per cent are expected.
It should further be noted that in most cases increases
in public service salaries are retrospective for consid-
erable periods before announcement while increases in
solicitors' costs are in all cases prospective to a future
date. The public service has also received additional
fringe benefits in the shape of pensions which, of course,
are not enjoyed by solicitors in private practice, al-
though they are applicable to solicitors in the public
service.
It will be conceded that the solicitors' profession in
regard to these matters is placed in a most unfavourable
position as compared with the other professions and
persons of comparable responsibility and status and this
applies both in relation to the method and amount of
increases and the delays which have occurred. Char-
tered accountants, medical practitioners and other pro-
fessions fix their own fees having regard to prevailing
conditions from year to year, and the ever-increasing
impact of inflation. A typical accountant's fee of £300
in 1970 rose to £500 in 1971 and was justified on a
time-cost basis. Solicitors who operate under the same
conditions and who in addition to the usual profes-
sional risks are answerable for very large sums in client
bank accounts are subject to an outmoded, expensive
and dilatory system of fee assessment and control.
For these reasons, in addition to the present appli-
cations which barely cover the cost of living increases in
1971 (February) a completely new system is urgently
needed to simplify bills, expedite review where required
and to preserve and where necessary extend the func-
tions of the Judiciary and the Oireachtas.
None of the applications already mentioned apply to
commission scale fees or discretionary fees in the
Schedule. They relate solely to item charges. If there had
not been an element of compensation in the commission
fees for conveyancing and discretionary fees solicitors
would have been unable to continue in practice if they
adhered to the item fees even with the increases now
sought. As regards country and to an increasing extent
urban practice remuneration from conveyancing is
being progressively halved as the result of the extension
of registration of title.
Eric A. Plunkett (
Secretary)
3rd January 1972.
The Incorporated Law Society of Ireland,
Solicitors' Buildings, Four Courts, Dublin 7.
Note :
The abovementioned applications to the various
Committees were made in July 1971.
Complaints
The Society in the ordinary course receives a number of
letters from clients with complaints about solicitors, and
has a settled procedure for dealing with them.
It is better, in the interest of clients and their solici-
tors, that complaints should be dealt with in this way
rather than by representations to government depart-
ments and outside bodies, who have not the advantage
of knowing the particular circumstances of a solicitor's
practice. .
The practice of the Society is to send a copy of the
letter of complaint to the member concerned, even
where it seems to disclose no reasonable cause of com-
plaint. In such circumstances the member is asked for
his comments and normally a copy of his reply is sent
to the Society's correspondent.
The attention of members is drawn to the fact that
the issue of such a letter does not mean that the matter
has been prejudged in any way, and that the object of
the Society is to obtain sufficient information to enable
the Society to answer the complaint, and, where appro-
priate, to clear the member concerned from any unjusti-
fied accusation.
Where, as happens in the majority of cases, there is
no question of misconduct the matter is dealt with by
the Society's secretariat without reference to the Council
or any Committee.
In cases in which, having regard to all the circum-
stances and the correspondence, there appears to be an
unsatisfied cause for complaint the matter is referred to
the appropriate Committee of the Council.
Landlord and Tenant (Amendment)
Act 1971—Important Notice
The attention of members is particularly drawn to a
letter from the Department of Justice dated 14th Jan.
1972 published at page 62 of this issue. It deals with an
amendment made at the suggestion of the Society to
Section 10 of the Rent Restrictions (Amendment) Act
1967 which was considered to have imposed an obli-
gation on owner-occupiers of controlled dwellings to
obtain the landlord's consent to an assignment of the
dwellings. The amendment remedies this position and
validates any assignments which may have been made
void by reason of Section 10 of the 1967 Act.
The Department's letter also draws attention to the
revival
for a period of one year
from 7th Dec. 1971 to
the spent provisions contained in Section 8 (1A) of the
Rent Restrictions Act, 1960, which enable "small" land-
lords who come within its provisions to have certain basic
rents revised during a further period of one year from
the date of the passing of the Act.
56