310 / 736
that there should be automatic adjudication of
stamp duty on building leases over ten years old.
The Revenue Commissioners do not
find
it
possible to accede to this suggestion. It is hoped
however in the near future to publish a statement
in the Society's Gazette agreed with the Revenue
Commissioners with a view to reducing difficulties
as far as possible.
Disposal of assets without raising
representation.
Monies of a client for convenience were invested
in the joint names of the client and one of the
partners in a firm of solicitors. The client died.
The assets were the sole property of the deceased.
The value of the estate was less than £5,000. The
Council in a reply to an enquiry stated that the
solicitor as
surviving
joint owner would not
contravene any rule of professional conduct in
realising the property without a grant of repres
entation and paying it over to the beneficiaries.
Unfair attraction of business.
i
A building contract
contained
the
following
clauses: —
1. The contractor shall pay all legal charges of th 2
contractor's solicitors
(a) in having the employer enrolled as a member
of a building society
(b) in connection with the conveyance of the sitJ
to the employer and in connection with th;
submission of
title
to
the
local authority
solicitor
(c) In completing all forms necessary for locd
government grant and county council grant
(d) In connection with the preparation and com
pletion of the building contract, specificationjs
-and all agreements, form or authority ani
other documents arising out of the building
scheme and including stamp duties and all
other necessary outlay.
2. The contractor shall pay all legal charges whic i
shallbe charged to the employer in connection
with the small dwellings acquisition loan by thje
County Council.
j
3. If
the employer desires
to retain his owjn
solicitor the employer shall be responsible for
the fees of such solicitor.
The Council on a request for guidance stated that
these clauses should be deleted in their entirely
from
the building contract as constitutiing ajn
inducement to purchasers to retain the contractors
solicitor.
i
June 12th:
The President in
the chair, alsio
present Messrs. James R. C. Green, Francis J.
Lanisan, John Carrigan, James W. O'Donovan,
Thomas V. O'Connor, Brendan A
Gerald Y. Gold berg, John O'Meara,
Nolan, Gerard M. Doyle, Patrick Nc
B. Jermyn, Peter D. M. Prentice, Ralpl
McGrath,
George A.
onan, John
J.Walker,
John Maher, Peter E. O'Connell, Richard Knight.
Rory O'Connor, Augustus Cullen,
O'Connor, Patrick C. Moore, Walter Eeatty, T..E.
O'Donnell, Gerald Hickey, Christopi
Daniel
J.
icr Hogan,
William M. Cahir, Thomas Jackson, "Jruce St. J.
Blake, Norman T. J. Spendlove.
Refusal to disclose landlord's name.
Members ask for guidance from the Society in a
matter in which they act for tenants who wish to
purchase the ground rents of houses under the
.
Landlord and Tenant (Ground Rents) Act 1967.
The lessor's interest had changed hands several
times. The present lessors are represented by
solicitors who collect
the ground rents." These
solicitors refuse to disclose the name and address
of
the present landlord. Section 7 of the Act
imposes a statutory obligation on the immediate '
lessor or where he cannot be found on the person
receiving the rent to give certain information but
there appears to be no statutory penalty for .refus
ing to comply. The solicitors for the tenants ask *
for the assistance of the Society. The Society
informed the enquiring members that they might
consider advising their clients to refuse to .pay the
[
rent in which event the name of the present lessors
might have to be disclosed for the purpose -of
proceedings for recovery but that the responsib
ility for advising the clients rested on the solicitors
and that the Society could not accept responsibility
If the position is as stated the ultimate remedy
would lie in amending legislation.
']
Responsibility for fees of foreign lawyer.
Two matters were referred to the Council which
raised
important questions of
principle • and
practice
as
regards
the
liability of an
Irish
solicitor for the fees of a foreign lawyer instructed
by him and the amount of such fees. In one case'
an Irish firm instructed a Swedish lawyer to make
certain enquiries and to advise on the Swedish law
in relation to raising representation and recovering
certain assets in Sweden. The case did not get very
far and the work done was not substantial. The
Swedish lawyer subbitted a bill for a fee of £82 in
Irish currency. The costs drawer of the Irish firm
set the work at about £15/15/0 according to our
scales of costs.
In the other case a difference arose between
Dublin solicitors and lawyers in Malaya who were
instructed to make certain enquiries and advise
30