The Gazette 1979

GAZETTE

SEPTEMBER 1979

amount involved. The Committee has asked the Policy Committee to review this matter

and members will be kept advised as to the up-to-date position.

4.4

The Committee met frequently during the year and I am indebted to the members

for their attendance at meetings, for their work and also to the members of the staff for

their diligent work in the administration of the fund.

PROFESSIONAL

PURPOSES

COMMITTEE

Ernest J. Margetson

Chairman

David R. Plgot

Vice-Chairman

John Carrlgan

L. Cullen

A. J. Donnelly

G. M. Doyle

Michael Enright

P. Glynn

R. G. D*Esterre Roberts

C. Hogan

M. P. Houlihan

J. Maher

P. Murphy

P. McEIHn

Rory O'Donnell

M. M. Smyth

Ernest J. Margetson

Chairman

5.1

The Professional Purposes Committee, as members, will be aware, is the

successor to the former Privileges Committee and Court Offices Committee whose

functions were amalgamated two years ago on an experimental basis on the recommen-

dation of the President of the Society. This, therefore, is the Committee's second year of

life and by the nature of the work formerly carried on by the two Committees referred to,

it is called upon to deal with a fairly wide variety of subjects. My predecessor, Mr.

Michaél P. Houlihan, got the Committee off to a good start last year and throughout the

year under review I am glad to say most of the problems brought to it for consideration

were either disposed of satisfactorily, or are in the course of having satisfactory results

achieved. Throughout the year the attendance of members at the meetings of the

Committee was extremely high and the active interest displayed by all members was

evident by the satisfactory solution of most of the problems submitted to the Committee.

5.2

During the year under review, the following were among matters considered by

the Committee:

(a) Ethical problems arising from time to time between solicitors.

(b) Proposals for increases in the fees payable to Commissioners for Oaths and a

suggestion that all solicitors should be automatically entitled to administer oaths.

(c)

A proposal that solicitors should be entitled to practice in the form of limited

companies.

(d) A suggestion that there should be a special category of Society membership for non-

practising solicitors.

(e)

Proposal that in probate cases affidavits concerning English law should be

acceptable if made by an Irish solicitor.

(f)

Question as to the period for which a solicitor should be obliged to retain papers

before disposing of the same by destruction or otherwise.

(g) Continuing difficulties in regard to delays in the Central Office of the High Court.

(h) Difficulties experienced by solicitors obtaining withdrawal of monies lodged in

Court, particularly during vacation periods.

(i)

Further meetings were held with the Federation of Insurers in Ireland and the Irish

Medical Association and the Irish Medical Union, and agreement was reached on a

number of matters, such as the exchange of medical certificates, regulation of the

fees payable to medical practitioners and the fees payable to solicitors and medical

practitioners in relation to Road Traffic Act offences. The meetings with the bodies

referred to were found to be fruitful and it is proposed to continue to exchange views

with these Associations.

(j)

As Chairman of the Committee, I have had a number of meetings with the President

of the High Court with a view to obtaining smoother working between the officials

of the Courts and the profession, and correspondence has been entered into by the

Committee with the Superior Court Rules Committee and the Circuit Court Rules

Committee concerning changes that it is thought would be desirable in these Rules,

(k) The Committee was concerned with the increase in the appearance in the

newspapers of prominent notices by solicitors intimating opening of new offices,

changing of offices, amalgamations and advertisements for staff. The Committee is

worried about the frequency and the prominence given to these notices.

(1)

Question of payment of search fees between solicitors and clients in respect of

client's documents occupied a good deal of the time of the Committee, and of a sub-

committee appointed to examine the problem. The Committee has caused a notice

to appear in the

Gazette

dealing with the subject but there are still some matters to

be considered, such as the safe custody of wills, etc.

(m) The Committee was asked to consider the extent of the information which the

Revenue Commissioners inspectors were entitled to receive from solicitors

concerning various matters, including the payment of counsels' fees,

(n) The Committee had also to consider a proposition by some members of the

profession that solicitors should be entitled to charge percentage fees on recovery of

damages, etc. in lieu of ordinary taxed costs.

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