149 / 200
MAY, 1939]
The Gazette of the Incorporated Law Society of Ireland
remarks on the subject have received the
cordial approval of the profession through
out Eire, and as a result of representations
made by
the Council,
the Minister
for
Justice has arranged to meet a deputation
from the Council on this matter, and it is
hoped that something will be done to rectify
a thoroughly unsatisfactory situation which,
if it develops further, is certain to result in
confusion, delay and inefficiency, and to
seriously interfere with the administration
of Justice in the Circuit Court.
A similar case has now arisen as a result
of the death of the District Probate Registrar
at Waterford. Under the Court Officers
Act the Minister for Justice may transfer
the duties of this Office
to the County
Registrar. Strong representations have been
received from the local practitioners as to
the undesirability, loss and inconvenience
which would result if such a transfer were
effected in that District, and your Council
have given these protests their fullest support
and taken steps to bring them to the notice
of the Minister for Justice and the Probate
Judge.
Another matter which has engaged the
attention of your Council is the insufficiency
•of the clerical staff allocated to the Offices
of the Justices of the Dublin Metropolitan
District Courts. There has been no increase
for some years in the clerical staff allocated
to these Offices, while during that time the
volume of office work to be dealt with has
increased to a very great extent as a result
of
legislation passed
in
the meantime.
The Road Traffic Act,
to give only one
example, entails an enormous amount of
extra work, and the existing staff has now to
deal not only with the clerical assistance
required by the three City Justices, but, also
when necessary, of the Justices allocated to
the large District covered by County Dublin
area. When the amount of work involved
in issuing summonses, entering Civil Bills,
checking Decrees, taking and copying deposi
tions, and other matters
in
these busy
districts is considered, it will be obvious
that the office staff cannot satisfactorily
cope with it. This is a matter of grave
concern to the Commercial interests of the
City and County, and unless remedied will
lead
to confusion and delay with
the
inevitable disadvantages incidental thereto.
The Council addressed to the Minister for
Justice a communication on this subject,
and as a result has received a reply stating
that appropriate steps have already been
taken with a view to supplementing the
present staff in that office, but that some
little delay must inevitably take place in
making
appointments. The matter will
continue to engage the attention of your
Council.
A recent reference by a Judge of the High
Court on Circuit for the hearing of Appeals
as to the amount of the Circuit Court costs
in a case which came before him attracted
considerable attention not only in the public
press but in Dail Eire. As the question of
Circuit Court costs may in the near future
be the subject matter of reconsideration I
do not, at the moment, propose to refer
further to the particular case under notice,
but in fairness to our profession I think it
right to prevent any misapprehension as to
the position. Of all Officials connected with
conduct of a lawsuit, whether in the Circuit
or High Court, the Solicitor concerned is
the only one who comes into direct contact
with
the
litigant. He has
to
institute
the proceedings, arrange for the preparation
of necessary proofs, procure the attendance of
witnesses and generally make all arrange
ments necessary for the proper presentation
of the suit to the Court, and should there be
any neglect or even lack of judgment in
these matters it is the Solicitor who has to
accept responsibility and bear the blame if
!
matters do not go right.
In cases involving
•
substantial amounts the outlay incidental to
a proper presentation of
the case must
necessarily be heavy, and such outlay must
be included in the Solicitor's bill.
In the
result the total amount is referred to as
" costs," and little regard ever seems to be
paid to the very substantial out-of-pocket
expenses included in these bills, and which
expenses, in fact, form no part at all of the
profit remuneration accruing to the Solicitor
concerned in the matter.
I think it desirable
that this point should be emphasised, and
that it should be made clear that the
Solicitors' profession is not by any means the
only one concerned when the word " costs "
is used in such general terms.
Complaints having reached your Council
of what the profession consider undue delay