42 / 228
Open
to trustees;
(2) such amendments of the
law relating to trustees generally, as may be con–
sidered of immediate importance.
The Council
appointed a
special Committee
to consider
the
matter and to report back to the Council.
Solicitors' Bill
THE President reported that a deputation from the
Council attended at the Department of Justice in
July last and were received by the Minister. The
matter discussed at
the
interview was
a
letter
received from the Department of Justice which
stated that the Government had decided to intro–
duce the Bill as a Government measure at the
earliest convenient date subject to further discussions
between the Minister for Justice and the Council
inter alia
upon a proposal that the Bill should contain
provision for the setting up of a fund to guarantee
or compensate clients against losses incurred through
defalcations by solicitors.
It was suggested that
the Bill should contain provisions under which the
Society should take out a policy of insurance which
would cover
losses
suffered as
the
result of
defalcations by any practising
solicitor.
The
President stated that the deputation had expressed
to
the Minister
the strongly-held view of the
Council that any such provision in the Bill is unneces–
sary having regard to the very adequate safeguards
already inserted therein obliging solicitors to keep
separate banking accounts for clients' money and
money held by solicitors as trustees.
It was urged
upon the Minister that the Bill in its present form
should be introduced and that if experience shows
that the safeguards already proposed to be adopted
are insufficient the matter of a guarantee or com–
pensation
fund
could
be
reconsidered.
The
deputation had also pointed out to the Minister
the large amount exacted from solicitors in annual
licence duty and suggested that if any fund were
to be set up it would be only fair that the Govern–
ment should appropriate the whole or some part
of the annual licence duty towards financing it.
The Minister in reply had stated that the matter
had been considered by the Government and that
the letter already written to the Society expressed
the Government's considered view. He undertook
however,
to bring the matter again before the
Government for their further consideration.
Appointment of Solicitor Dun Laoghaire
Borough Council
THE Secretary reported that an advertisement had
appeared
in
the morning newspapers
inviting
applications for the position of solicitor to the Dun
Laoghaire Borough Council. The position is to be
part-time and non-pensionable, with a salary of
£600 per annum ;
the
solicitor
appointed
to
maintain an office in the Borough of Dun Laoghaire
at a place to be approved by the local authority,
and to provide for all office expenditure, typing
etc., as well as travelling and subsistence expenses
at the local courts.
The Secretary reported that
following the publication of the advertisement he
had written a letter to the Secretary of the Depart–
ment of Local Government referring to the inter–
view in July last between the Assistant Secretary
and a deputation from the Council, when it was
understood that the Department agreed in principle
that in cases where solicitors were employed by
local
authorities
on
the conditions
that
they
should themselves provide staffs and office accom–
modation for the purpose of the work, they should
be remunerated on the basis of taxed costs and
not by way of salary. He had pointed out that the
proposed terms of appointment of law agent to
the Dun Laoghaire Borough Council was apparently
at variance with the unofficial assurance given to the
Council on that occasion. The Secretary reported
that he had not received a reply to that letter.
It was ordered that the Council approved of the
letter written by the Secretary to the Department
and that a further letter should be written stating
that
it represented
the considered view of the
Council and asking for a reply.
Application under Section 16
THE Council considered a report from the Court of
Examiners on an application under Section 16 by a
Law Clerk asking for permission to be bound as an
apprentice for a period of three years. The Council
being of opinion that the applicant did not come
within the terms of Section 16 refused the applica–
tion.
Uncompleted
transaction Query
as
to
Costs
THE Council considered a report from a Committee
on a statement of facts submitted between a County
Manager and a member of the Society, who acted
as solicitor for a
local authority, the facts being
as follows : An Urban District Council built twenty-
four houses and let them to occupying tenants at
an average rent of I5/- weekly, plus rates.
In 1938
at the request of the tenants and with the sanction
of the Local Government Department a scheme was
arranged to enable the tenants to purchase their
houses. Each tenant was to be granted a lease for
999 years at I3/- per week, plus rates until 1972
and thereafter at £2 per annum.
It was part of the scheme that each tenant should
pay all the costs of his lease which were fixed at an
agreed sum of
£16
in each case. The solicitor for
30