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is
dissipated
in
open
discussion, whereas,
unfortunately, for many years the attendances at
our Society's half yearly meetings have been poor,
and I am hopeful that this well attended meeting
will usher
in an era of better support and
co-operation.
The President's statement was followed by a
general discussion
in
the course of which
the
following points were raised.
(a) The refusal of some country solicitors to
supply
judgment bankruptcy and sheriff's
office searches on sales of registered land. It
was
suggested
that
this was not proper
conveyancing practice. The contrary view
expressed was
that
such
searches
are
unnecessary in the case of registered land
because the entry on the Land Registry folio
is conclusive evidence of title.
(b) Defective procedure and delay in regard to
Land Registry maps.
It was
however
pointed out that the Land Commission will
accept an ordinance survey sheet, properly
marked on an application for sub-division.
(c) Certain
forms
issued
by
the Revenue
Commissioners
requiring
attestation
by
named parties
including clergymen, peace
commissioners, members
of
the
garda
siochana, omitting to name solicitors in the
recognised category.
(d) Grievances against the Bar. It was suggested
that
'absentee Counsel'
should
not
be
entitled to receive fees where they do not
appear in Court. Solicitors should undertake
more advocacy on behalf of clients in the
Circuit Court. In many cases it was stated
Counsel appear at consultations without
having read, or having properly read their
briefs. The solicitors' profession and the legal
system is exposed to criticism by clients who
observe such conduct and consider, rightly,
that there is an abuse of the legal system.
Members also referred to serious delays by
some counsel in dealing with professional
business and
repeated
failure
to answer
correspondence and reminders in regard to
cases to which they have received papers. It
was suggested that on formal interlocutory
applications where an attested copy affidavit
is
required counsel
should hand
in
the
affidavit because it is impossible for the town
agent or his
representative under present
working conditions always
to
attend
in
Court on such applications. Reference was
made to the pending increase in jurisdiction
of the Circuit and District Courts and the
view was expressed
that
senior counsel
should not be briefed in the Circuit Court.
A further point made was the existing right
of audience of solicitors in the Circuit Court
which was not much used because of the
attitude of certain judges. One member sug
gested
that
in
the Circuit Court
junior
counsel and
solicit
should have a
joint
right of audience, the solicitor, where junior
counsel is briefed being entitled to address
the Court and examine and cross-examine
witnesses alternately with counsel as senior
and junior counsel do at the present time.
Reference was also made to the fees charged
by counsel particularly
in
licencing and
planning applications.
(e) The pending
statutory enquiry
into
the
allegad restrictive practises monopolies and
fees of the legal profession. It was suggested
that the Society should keep in close contact
with
the
Federation
of
Professional
Associations.
(f) Failure
to appoint solicitors
to
statutory
boards. Attention was drawn to this matter
particularly
in
regard
to
the Redundancy
Tribunal in which all the legal representatives
are members of
the Bar. The solicitors
profession should be properly represented on
such boards.
(g) Pending increase in jurisdiction Circuit and
District Courts and the question of procedure
for appeal. One member suggested that the
appeal should be on the notes and not by
way of re-hearing by a Judge only, particul
arly in cases in which the appeal is from a
judgment of a trial by judge and jury of the
Circuit Court. Other members
however
stated that they would prefer a re-hearing
by way of
retrial, having regard
to
the
experience of the profession many years ago
when
the appeal
from an order of
the
Circuit Court was on the notes and a wholly
unsatisfactory view of
the case might be'
presented to the appeal judge who had not
seen
the witness. The credibility of
the
witnesses
could only
be
assessed on
a
personal view by the Court.
(h) The Society's procedure for dealing with
complaints from members of the public. One
member thought that solicitors should not be
asked
to waste
time
in answering letters
from the Society asking for comments on
complaints from unreasonable clients. It was
pointed out in reply that the Society cannot
refuse to deal with complaints from members