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agreed between the Accident Claims Association
and
the
Irish Medical Association
and
the
Medical Union (see Gazette, April 1968. Vol. 61.
P. 102) the Committee observed that these scales
do not make any distinction between the eminance
of one medical witness and another, or between
the general practitioner and the consultant nor do
they draw distinction between a witness who
spends only a relatively short time in Court and
one who spends a whole day in Court.
The Committee recommended the abolition of
the fixed fee of 8 gns prescribed in appendix W
part 3 of the Rules of the Superior Courts. The
fee payable to a professional witness on party and
party taxation should be measured with regard to
the
evidential
importance
of
the witnesses
testimony,
the standing of the witness
in his
profession,
the
time necessarily spent by
the
witness in familarising himself with the testimony
which he will have to give, the amount of time
actually
spent
in Court,
the
financial
loss
occasioned
to
the witness, and the number of
other professional witnesses called on the same
topic. The fee allowed should be a reasonable
indemnity.
Other recommendations of the Committee were
that allowances for fees should vary with the
jurisdiction of the Court; that there should be no
limit on
the number of
reports
for which
allowance would be made on taxation provided
that the Taxing Officer is satisfied that they were
reasonably required, and
that meetings should
be held at regular intervals between the Taxing
Officer an dthe professional associations with a
view to keeping the amount of fees awarded under
constant review.
The
report
is
published
by Government
Publications, price l/9d.
RESTRICTIVE PRACTICES
The Third Programme for Economic and Social
Development 1969-72 (published by the Govern
ment Publications. Price 8/6d) refers in chapter
10 to the need to reduce restrictive practices in
the auctioneering, legal, insurance and architec
tural
professions
and
suggests
that
these
practises
should
be
referred
to
the
Fair
Trade
Commission
in
order
to
devise
methods
of
increasing
competition
in
these
activities. In particular the report points to the
fixing of remuneration by reference to scale fees
settled by the professional associations themselves
or by statutory authorities which are in the main
composed of members of the profession concerned.
In the light of this pronouncement the reference
of
the architectural, auchioneering and Legal
Professions
to
the Monopolies Commission
in
England assumes a more immediate importance
for the profession.
In
the Monopolies Commission Report on
Estate Agents
(H. C. 127: H.M.S.O.; 10/6,)
recently published
the Commission's views on
scale charges and professional rules regarding
undercutting,
touting and advertising are quite
clear and while these refer to Auctioneers in this
instance it is quite possible that similar conclusions
will be arrived at when Solicitors practises are
investigated.
The main criticism levelled by the Commission
at ad noloraem scales is that they shield the less
well organised and progressive practitioners and
generally reduce the incentive to try radically new
methods or
to
strive for increased efficiency.
Continually rising prices automatically offset rising
costs to which the estate agent may be subject
and so remove the necessity for them to seek
more efficient methods of operating in order to
achieve the same objects. While the soliecitor's
charge reduces as a percentage of the purchase as
the price increases no doubt the same argument
will be put to the profession by the Monopolies
Commission and
in
Ireland
the Fair Trade
Commission.
The Commission
recommended
that
both
national and local society's of auctioneers should
no longer recommend or publish scales of fees
and
that their rules restricting their members
ability to compete for business on the basis of
fees or to charge whatever fees they think fit
should be withdrawn, while those rules of conduct
which may prevent or discourage competitive fee
charging such as the rules of touting and adver
tising should be so interpreted as not to do so and
should if necessary be amended for that purpose.
Fixed scale fees, the Commission say, result in
some overcharging and lead to inefficient operating
inhibit experiment
in
finding new and better
methods of operating and deny the client the
choice of a lesser charge if he does not require
"the full service
that goes with
the standard
price".
Recently
there
have
been
several widely
publicised books published in England criticising
restrictive practises in the legal profession and it
is hoped to review some of these in forthcoming
issues of the Gazette so that members will be in a
better position to appreciate the type of argument
which the profession must meet before the Fair
Trade Commission.
119