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Proceedings of the Council
THE SOCIETY
22nd April 1971:
The President in the chair, also
present Messrs W. B. Allen, Bruce St. J. Blake, John
Carrigan, Anthony E. Collins, Gerard M. Doyle, Joseph
L. Dundon, James R. C. Green, Gerald Hickey, Chris-
topher Hogan, Michael P. Houlihan, Thomas Jackson
Junior, John B. Jermyn, Eunan McCarron, Patrick J.
McEllin, Patrick McEntee, John Maher, Patrick C.
Moore, Desmond Moran, Senator John J. Nash, George
A. Nolan, Patrick Noonan, John C. O'Carroll, Peter E.
O'Connell, Roderick J. O'Connor, Thomas Valentine
O'Connor, Patrick F. O'Donnell, James W. O'Donovan,
John O'Meara, David R. Pigot, Peter D. M. Prentice,
Mrs. Moya Quinlan, Robert McD. Taylor and Ralph
J. Walker.
The following was among the business transacted.
Court Offices—hours of business
The Council considered representations from members
that an application to the appropriate authority should
be made for a rule that all High Court offices should be
open for normal business hours throughout the year
including vacation periods. It was decided to refer the.
matter to the Dublin Solicitors' Bar Association for
consideration and report.
Publications
The Council received and approved a report from the
Publications Sub-Committee on projects in hand in-
cluding a work on
Irish Land Law
covering the Republic
and Northern Ireland by Mr. Wylie of Q.U.B., and a
textbook on
The Law of Evidence in Ireland
by Mr.
Cole of the Law School, Trinity College. The committee
reported that they were also considering a project for
subsidising a textbook on planning law but this had not
yet materialised.
Precedent bank and engrossment service
A report from the Public Relations and Services Com-
mittee stated that this project had advanced consid-
erably and that in the near future it was hoped to issue
a circular letter to members.
Complaints
Complaints were received from the Funeral Undertakers
Association of delays by certain solicitors in dealing
with accounts in solicitors' hands. Some of these accounts
were outstanding for a considerable time notwithstanding
the fact that they are regarded as preferential payments
in the administration. The Association had been advised
to put the matter in the hands of their solicitors. It was
also decided that the attention of members should be
drawn to this matter to avoid such complaints which
are damaging, if justified, to the reputation of the
profession.
A complaint had also been received from a firm of
law searchers of delay in payment of accounts of busi-
ness completed. The Council decided that these matters
should also be brought to the attention of the profession.
Accountants' queries
In a recent issue of the Society's
Gazette
it was stated
that the Council had decided not to take any action on
the question of a request by accountants for certificates
by solicitors acting for limited liability companies as to
any pending proceedings or liability of the company
which are required for audit purposes. The ground of
that decision was that there was no information before
the Council that company auditors as a general rule
are making this request. Since then members have
written in stating that the practice is becoming wide-
spread and that one firm had been asked for such a
certificate on at least three occasions recently. It was
decided to take the matter up with the Institute of
Chartered Accountants.
Agency between solicitors
A member who gave instructions to another to institute
proceedings arising out of an accident claimed one-
third agency commission. No prior arrangement had
been made for agency and the instructed solicitor dis-
claimed liability. A ruling was sought from the Council.
On a report from a committee it was stated that
Opinion DR 76 applies. If there was no antecedent
agreement or understanding "for agency commission it
is not payable.
Abortive auction
Property was put up for sale by public auction in 1965
and withdrawn as the reserved price was not reached.
In October 1968 following negotiations with another
purchaser a fresh contract of sale was prepared but the
purchaser withdrew before signature. In August 1969
further conditions were prepared and the property was
put up for sale by public auction but no bids were
received. Abortive negotiations took place on several
subsequent occasions. In February 1970 the property
was sold by private treaty. The same solicitor acted
throughout and asks for guidance as to the appropriate
charges.
The Council on a report from a committee stated
that the solicitor was entitled to charge three-quarters
of the scale fee on the reserve price of the first auction.
The charges for the other abortive auctions and negoti-
ations should be charged under Schedule 2. The com-
mission scale fee should be charged on the consideration
on the sale of the property in February 1970.
Sale of premises with contents
The abortive auctions and negotiations mentioned
above also included the sale of the contents of the
property. The successful sale of 1970 covered the prem-
ises only. The Council stated that in calculating three-
quarters of the commission scale fee on the first abortive
auction the reserved price should be apportioned if
possible between the premises and the contents. If this
is not possible the charge should be made under
Schedule 2.
Costs of bank as mortgagee
Solicitors who are not wholetime solicitors for a bank
acted for the bank as mortgagees on the occasion of a
mortgage for a substantial loan and enquired as to the
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