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THE SOCIETY
Proceedings of the Council
20th May 1971: The President in the chair, also present
Messrs W. B. Allen, Walter Beatty, Bruce St. J. Blake,
John Garrigan, Anthony E. Collins, Laurence Cullcn,
erard M. Doyle, James R. C. Green, Gerald Hickey,
Thomas Jackson Jnr., Francis J. Lanigan, Patrick
McEntee, John Maher, Gerald J. Moloney, Patrick C.
Moore, Desmond Moran, Senator John J. Nash, Peter
E. O'Connell, Thomas Valentine O'Connor, Patrick F.
O'Donnell, James W. O'Donovan, David R. Pigot,
Peter D. M. Prentice, Mrs. Moya Quinlan, Robert
McD. Taylor and Ralph J. Walker.
Finance Resolution—Estate Duty
The Council considered the terms of the Finance Reso-
lution which restricts the exemption from estate duty
on marriage gifts to the first £5,000 where the gift is
made by a parent and the first £1,000 where the gift
is made by another person. It was decided to publish a
statement drawing attention to this position and urging
that the present exemption should be retained.
Solicitor acting for a group of purchasers
A number of clients interested in purchasing houses in a
building estate approached a member and asked him
to quote a reduced fee for the work which involved
investigating the title, dealing with the mortgagee's
solicitors and completing each transaction. The suggested
fee would work out at about one-third of the commission
scale fee for an individual transaction. The Council on
a report from a committee stated that an agreement to
act on the terms suggested would be contrary to the
Professional Practice Regulations.
Professional ncgligence—failure to serve witness
summons
The Society received an enouirv from a trade union as
to whether a solicitor who fails to issue a witness sum-
mons on a medical practitioner, with the result that the
witness did not attend the hearing to give evidence as
required bv the plaintiff, is guiltv of negligence. The
Council stated that it would be impossible to advise
generally in a matter of this kind as the answer would
depend upon the circumstances of each case and
whether the service of a witness summons to compel the
doctor to attend Court would be in the client's interests.
Conveyancing practice
On the sale of property by an insurance company the
purchaser's solicitor asked for certified copies of the
minute of a previous company authorising the purchase
of the premises in 1940 and the sale in 1966 and also a
copy of the minutes of the present vendor company
authorising the purchase by the company and the
present sale. The solicitors for the vendor asked for the
opinion of the Council as to whether these requisitions
are necessary and whether in such event they should be
included in the Society's standard requisitions on title.
The Council on the report of a committee stated that
such requisitions are not necessary or usual and that
they should not be included in the Society's standard
form.
Medical witnesses' expenses
The Council appointed representatives to attend a
meeting arranged between the Taxing Master and the
Irish Medical Association and the Irish Medical Union
to discuss present fees allowed on taxation to medical
practitioners for reports and attendance at Court.
INTERNATIONAL BAR ASSOCIATION
BUSINESS LAW SECTION
The Director General of the Association has written to
the Society asking for the names of volunteers who
would be willing to act on committees dealing with the
various fields of law covered by the Section e.g. com-
mercial law, tax law, patents, copyright and trade
marks, company law. A further notice will be published
in the
Gazette
in the near future. In the meantime
members who are interested in any of these subjects are
invited to notify the Secretary.
Presentation of Certificates:
The Role of the Lawyer
The ceremony of presenting certificates to newlv
qualified solicitors was held in the Library of Solicitor's
Buildings. Four Courts, Dublin, on Thursday, 27th May
1971, at 4 p.m.
The President. Mr. B. A. McGrath, in addressing the
newlv-qualified rolicitors on "The Role of the Lawyer",
said:—
Ladies and Gentlemen—or perhaps I should sav Young
Solicitors, to whom mv remarks this evening are prim-
arilv addressed—vou are about to enter upon a career
in a 'noble' profession.
I make no apology for the use of the word 'noble'.
If you think that this expression lacks the challenge
and the drive associated with terms in current vogue,
such as 'dynamic', 'vital', 'creative', 'forward-looking'
etc. — let me remind you that your concern will be
the problems of people, with problems thrown up by
life. The operation of the law is seen in the daily life
of the community. Law is a real and living thing; a
dynamic instrument to be used to improve the human
condition.
The practice of law as a profession is to provide a
public service. It is nonetheless a public service because
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