The Gazette 1972

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THE SOCIETY
Proceedings of the Council
17th FEBRUARY 1972
The President in the chair, also present Messrs William
B. Allen, Walter Beatty, Bruce St. J. Blake, John Carri-
San, Anthony Collins, Laurence Cullen, Gerard M.
Doyle, Joseph L. Dundon, Thomas J. Fitzpatrick, James
R C. Green, Christopher Hogan, Michael P. Houlihan,
Thomas Jackson, John B. Jermyn, Francis J. Lanigan,
Eunan McCarron, Patrick J. McEllin, Patrick McEntee,
Brendan A. McGrath, John Maher, Patrick Moore,
Senator J. J. Nash, John C. O'Carroll, Peter E. O'Con-
uell, Thomas V. O'Connor, 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.
Legal Remuneration
The Solicitors' Remuneration General Order 1972
which provided for an increase of 42 per cent on the
existing item charges (excluding commission stale fees
a nd discretionary charges) was laid before the Oireachtas.
The Secretary stated that a motion had been put down
[u Seanad Eireann to disallow the Order. Letters signed
by the President had been sent to each member of the
Oireachtas and to the Government stating the case for
the increase which was based merely on the increase in
the cost of living since the last increase of 12 per cent
P)ade in 1964. Rules had also been made by the various
Court Costs Committees providing for a similar increase
a n d these Orders had been submitted by the Commit-
tees to the Department of Justice. No action had been
taken thereon by the Department as the Minister had
n°t as yet given his concurrence.
prices Bill 1971
The Secretary stated that meetings of Bar Associations
had been held and that resolutions had been sent direct
to An Taoiseach from the Bar Associations opposing
the application of the prices legislation to the legal
profession on the ground that orders fixing legal remun-
eration should be made by judicial committees with
representation from the public and experts such as
chartered accountants and should be submitted direct
by the central costs fixing committee to the Oireachtas.
An amendment proposing to exclude professions whose
charges are fixed by statute from the operation of the
Prices (Amendment) Bill 1971 had been drafted and
Would be moved on the committee stage of the Bill.
Costs and rules for increased jurisdiction in Circuit and
District Courts
The Secretary reported that the District Court Rules
Committee had submitted a new scale of costs to the
department on January 28th. No action had been taken
by the Department. The Circuit Court Rules Committee
had almost completed the work of drafting a new scale
°f costs and it was expected that this would be sub-
mitted to the Department within the near future.
Professional liability insurance scheme
The Council received a report from Irish Under-
writing Agencies Ltd. on the operation of the scheme
since its inception. A copy of the report will be pub-
lished in a future issue of the Society's Gazette.
Commissioners for Oaths
The Society received a letter from the Chief Justice
containing adverse comments on the practice of Com-
missioners for Oaths in certain parts of the country in
the attestation of affidavits. The Chief Justice stated
that he had become aware that in a number of cases
affidavits were attested by Commissioners for Oaths in
the absence of the deponent. He strongly condemned
this procedure and had stated that unless he was satis-
fied that it would be discontinued he considered with-
drawing all existing commissions to swear affidavits and
reappointing only Commissioners who are prepared to
give an undertaking that the proper procedure will be
observed. It was decided that the attention of the pro-
fession should be drawn to this matter. It was also
decided to make representations in the proper quarters
that the only documents which should require attes-
tation before Commissioners for Oaths would be docu-
ments for use in the Courts and that schedules of assets
and other documents for extra judicial proceedings such
as revenue and tax purposes might be attested by Peace
Commissioners. The reason for this proposal in manv
towns where it is extremely difficult to obtain the ser-
vices for Commissioners for Oaths as most of them are
not solicitors and in some cases clients have made long
journies from the country to make affidavits only to find
that a Commissioner is not available.
Income Tax Act 1967, Section 173
The Secretary stated that he had received a notice
requiring a return of fees paid to third parties not in the
Society's employment. From examination of the Section
it appears that this notice would not affect solicitors
engaging third parties on their clients' business. It
would apply only in the case of a person employing a
third party in connection with his own business. It was
decided that no action was required on behalf of the
profession.
Unfair attraction of business by builders' solicitors
A member wrote to the Society referring to cases in
which builders and developers of housing estates recom-
mend to prospective purchasers of a new house that
they should use the builder's or developer's solicitors
who would act for them at a fee well below the scale
under the Solicitors' Remuneration General Orders. In
a particular instance a client asked him to quote a
charge for the purchase of a house for £6,000. He
informed the client of the fee recommended in the
March/April-edition of the Society's Gazette, vz. £90
for a purchase without a mortgage and £120 for a
purchase with a mortgage. The client said that the
transaction would be carried out by the builder's soli-
citor for £50 and that the builder had requested him to
go to his own solicitor which he subsequently did. It
was decided that the attention of the profession should
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