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GAZETTE
JANUARY/FEBRUARY 1990
Practice
Notes
Form 46G
The Revenue Commissioners have
commenced serving the above
Form on solicitors. This Form is
issued pursuant to Section 173 of
the Income Tax Act 1967 and
Section 22 of the Finance Act
1983. Solicitors who have been
served with this Form are requested
to furnish particulars of all pay-
ments made by them to other
parties, such as Barristers, Medical
Practitioners, Engineers and other
persons whose services they the
Solicitor have retained on their own
behalf. The particulars to be
furnished are:-
The names and adresses and tax
reference No. of the persons
supplying the services.
The Taxation Committee of the
Law Society considers that the in-
formation given should relate solely
to the solicitors' business and
office account and under no cir-
cumstances should information be
given to the Revenue on this form
in relation to client account or to
client file. Any such information
would be a breach of privilege or
confidentiality.
•
Taxation Committaa
Commissioner for
Oaths
The attention of members of the
profession is called to Appendix C
to the Guide to Professional Con-
duct of Solicitors in Ireland which
reproduces the late Gerard Frewen,
B.L.'s excellent notes on the Duties
of a Commissioner for Oaths.
It appears that there has been an
increasing incidence in recent years
of the practice of people calling on
Commissioners to complete docu-
ments where the deponent is not
present. Practitioners who wish to
adhere to the correct practice are
put in a very embarrassing position
and are regarded as less than
helpful by their colleagues, if they
insist upon the deponent being
present.
Members of the profession are
reminded that unless a document
is properly sworn in the manner
provided for in the various Statutes
and Rules of the Superior Courts,
it must not be executed by any
Commissioner for Oaths as an
affidavit. Failure to observe the
formula can lead to serious
consequences.
There has recently been a court
case where an affidavit was pro-
duced as completed by a particular
Commissioner for Oaths, where it
was clearly demonstrated in court
that the Commissioner for Oaths
was on holidays at the time.
The procedure as provided for in
the various Statutes and Rules of
the Superior Courts is essential to
the proper administration of justice
and should be properly adhered to
by practitioners.
•
Judicial Separation
and Family Law
Reform Act 1989
From the 19th October, 1989 under
the provisions of Sections 5 & 6 of
the Judicial Separation and Family
Law Reform Act 1989 each solic-
itor dealing with a Judicial
Separation client must present the
Court with a certificate in conform-
ance as appropriate with either
Form No. 1 or 2 as set out in Statu-
tory Instrument No. 289 of 1989.
The Society is endeavouring to
obtain a list of persons qualified to
effect reconciliation which would
be made available to practitioners
on request.
•
Litigation Committee
Scale of Fees for
Attendance at Court
by Solicitors as
Witnesses
1) Fee for attending High
Court per day or part of
day (Fee to include
Consultation with
Counsel if necessary on
day of Court).
£235
2) Fee for attending Circuit
Court per day or part of
day (Fee to include
consultation with
Counsel if necessary on
day of Court).
£160
3) Fee for attending
District Court per day
or part of day (Fee to
include consultation
with Counsel if
necessary on day of
Court).
£135
4) Consultation with
Counsel on day other
than day of the Court
case.
£55
5) A stand-by fee is payable where
the solicitor is asked to be avail-
able on a particular date to att-
end Court and for any reason his
services are not required as
follows:
(a) If the Court is held within
five miles of the solicitor's
practice and he is not given
at least 72 hours notice (or
96 hours where the notice
includes Saturday and Sun-
day) that his services are not
required the fee payable
shall be 25% of the fee he
would have required had he
actually attended Court.
(b) Where the Court is outside
a radius of five miles from
the solicitor's practice and
he is not given a minimum of
four days notice that his ser-
vices are not required the
fee payable shall be 50% of
the fee for attending Court.
Notice that the solicitor's ser-
vices are not required should be
given to him as quickly as possible
after it becomes apparent that he
is not required to attend Court or to
hold himself available to do so.
•
Secretary/Stenographer
Seeks Position
Wide experience and skills.
Shorthand 150 w.p.m. verbatim.
Capable of court work; Meetings etc.
Typing; 50 w.p.m. W.P., Bookkeeping
and accounts experience.
Educated to third level.
Phone. 802140 (anytime)
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