The Gazette 1996

GAZETTE

APRIL /MAY 1996

outline briefly the system of third

party independent assessment

available in your jurisdiction.

We require you to advise fully in

relation to all matters relating to the

case, including the feasibility of the

action being taken.

As soon as terms are agreed, we

look forward to confirming

instructions to you without delay.

Yours faithfully,

X Y & Co.

Acting as Foreign Agent

Irish solicitors, when accepting

instructions from foreign lawyers,

should, in turn, ensure that the

terms of their retainer are defined.

Section 68 of the Solicitors

(Amendment) Act 1994 requires that

a solicitor should provide all clients,

including foreign lawyer firms, with

particulars in writing of the actual

charges, an estimate, or, where the

provision of the actual charges or an

estimate is not possible, the basis of

charge. Depending on the

circumstances, one of the draft

letters recently circularised by the

Law Society to members would be

suitable as a letter of acceptance of

retainer by a foreign legal firm. It

should be clearly stated that the

foreign legal firm will be personally

liable for the fees.

A draft letter of retainer, where the

Irish solicitor is giving an estimate

of the charge, is set out below:

Dear Sirs,

We thank you for your instructions

in connection with the above and

we would be pleased to act for you.

As discussed, we set out below an

estimate of the charges involved in

the work which we have agreed to

do for you. In the event of our

having to carry out additional work,

further charges may be incurred. A

supplementary estimate will be

furnished to you in advance of any

such additional charges.

We currently estimate the

professional fee in the region of

plus Value Added Tax

currently at 21%.

In addition to the professional fee

there will be items of outlay which

will have to be discharged by you.

[List items of outlay and exact

amoun ts where possible].

In accordance with International

Codes of Practice, you would be

personally liable for our costs and

outlays.

Once again, thank you for your

instructions.

Yours faithfully,

X Y & C o .

Niall Casey,

Chairman,

Professional Guidance

Committee

Criminal Legal Aid Scheme -

Exceptional Cases in the

District Court

There is an agreement between the

Minister for Justice and the Law

Society which provides for the

payment of enhanced fees for

exceptional cases which are heard

before the District Court or on appeal

to the Circuit Court. The full text of

the agreement was published in the

Gazette

in December 1994.

Please note that if you wish to claim

an enhanced fee for an exceptional

case, you should send your claim to

the Courts Division of the Department

of Justice at 72/76 St. Stephen's

Green, Dublin 2 and not to the

Finance Division in Killarney.

You should also clearly specify your

basis for making the claim when your

claim is lodged.

If you have any queries, please contact

Patricia Casey

at the Law Society.

Criminal Law Committee

AIJA

(International

Association of

Young Lawyers)

Annual Conference - 26/30 August

1996 Montreaux, Switzerland

The 1996 AIJA Conference takes place

in Montreaux, Switzerland, and, as

usual, a packed working session and a

healthy social programme (including a

special children's programme) are on

offer.

The working sessions include the

following topics:

• Sports and the Law

• Reorganisation of a Company

• Technology Transfer

• Comparative Analysis of International

Business Crime

• Trade and Environment

• International Transport Law

• Legal Costs and Access to Justice

Most of the working sessions consist of

half day seminars, so it is possible to

attend a number of different working

sessions during the conference.

These conferences are attended by

approximately 500/600 delegates,

mostly in the 30/40 age bracket and

predominantly coming from European

countries. In contrast with other

international law conferences, those

organised by AIJA are noted for their

informality and are an ideal way of

making contacts with colleagues in

foreign law

firms.

Brochures are available from the Law

Society desk at the Four Courts or from

Petria McDonnell,

McCann FitzGerald,

tel: 829 0000, fax: 8290010.

pes

PFTBOCABGO MAHNE SURVEYORS LID.

Capt. Thomas C. Nash

M. INST. PET.

Marine Consultancy:

Independent Marine Surveyors:

Marine Expert Witness;

Ship to Ship Transfer;

Vessel & Terminal Safety Inspection;

Recruitment; Procedures Manuals.

Cooleen House, Rushbrooke,

Cobh, Co. Cork.

Tel: 021-811677 Fax: 021-813009

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