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It is considered desirable that the profession
should have representatives in the Seanad in a
position to speak with authority on behalf of the
Society and the profession, particularly in view
of the early introduction of the Solicitors' Bill.
It is hoped that members throughout the country
will use their influence in securing preferences for
the Society's nominees. Those having votes are
requested to give the Society's nominees their
No. 1 or an early preference.
SEARCH FEES
IN view of the numerous queries as to the prop
riety of Search Fees the Council has decided to
lay down general principles on which, in its
opinion, Solicitors should normally act.
(1) It is the duty of a Solicitor to keep his
clients' valuable documents (such as documents
of title, wills, or other documents specially en
trusted to him for safe custody) carefully, and so
as to be readily accessible. Normally no search
should be necessary for such documents and,
therefore, no search fee should be charged where
the documents are required by the owner or by
his Solicitor or by persons claiming under him.
Where, however, a Solicitor is required to make a
search for such documents and the search shows
that they are not in fact in his custody, a search
fee may properly be charged.
(2)
'Where the Solicitor is required to hand
over papers not falling under head (1) in a matter
concluded at least one year previously, and
where a search is genuinely necessary, a reason
able search fee may be charged dependent on the
work involved.
The sum of two guineas
is
generally fair, but in many cases the fee might
be less or possibly more.
(3) Papers under head (2) in a current matter
or a matter concluded within one year should be
handed over without a search fee.
(4) A Solicitor is in all cases entitled to charge
a reasonable fee dependent on the work involved
for his attendance and for scheduling documents
to be handed over.
Such fee will normally be
covered by the search fee where chargeable.
(5) The above rules apply in the case of a
Solicitor who acquires the practice of another
solicitor, whether by death, purchase, or gift or
otherwise.
(6) Where a Solicitor is retained to wind up the
practice of another Solicitor or of a deceased
Solicitor, and has so acquired the documents of
such Solicitor for safe keeping without acquiring
the goodwill, the Solicitor is entitled to claim a
search fee.
(7) Where documents are required to be pro
duced by some person other than the client or
his present Solicitor, and the Solicitor holding
the documents is at liberty to produce the docu
ments, he should be normally entitled to a
search fee.
(8) Where a Solicitor is required to give in
formation which necessitates making a Search,
a fee may properly be charged.
This opinion of the Council will be published
in the Society's Calendar and Law Directory.
CURRENT TOPICS
The Society's Gazette
THE present issue of the Society's
Gazette
appears
in a form different to that which has become
familiar to members of the Society since it
commenced publication. The Council in deciding
to adopt this new form have had in view the
desirability of increasing the utility and interest
of the
Gazette
within the limits imposed by war
time restrictions. While the
Gazette
is and will
continue to be published primarily as a record of
the Society and will aim neither to emulate nor to
compete with other publications of greater legal
interest, the Council hopes to increase its scope by
keeping the profession
in touch with recent
decisions of the Irish and English Courts of
peculiar interest to solicitors, by noting statutes
of the Oireachtas and important Government
regulations as soon as possible after they become
law, by more extensive reports of the proceedings
of the Society, and by the publication of notes
which members are invited to contribute.
It
should, however, be borne in mind by contribu
tors that brevity is essential in the present cir
cumstances of paper shortage. Views expressed
by contributors in the
Gazette
will not of necessity
coincide with those of the Council except in so
far as it may expressly endorse them.
Liability of Solicitors as Estate Agents
SOLICITORS who act as Estate Agents over their
clients' property have in many cases been held
liable to the Sanitary Authorities for the expenses
of complying with the various notices which may
be served on the owner on account of defects in
tenanted property under the provisions of the
Public Health Act, 1878. This liability arises by
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