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Probate Office
The Court and Offices Committee reported that
representations had been made to the probate
officer on the subject of duplication of queries
raised on application for probate and administra
tion. The matter had been discussed with the
probate officer who stated that he would issue new
instructions with a view to avoiding this incon
venience.
Commission scale fee on mortgage
A member acted for a purchaser in a case in
which part of the purchase money was advanced
by a lending institution. Member charged the full
scale fee on the purchase and on the mortgage. It
subsequently came to the notice of member that
the mortgagees'
solicitors had
registered
two
mortgages in respect of the same transaction.
Vacates were entered and a new mortgage for the
full amount was executed. The Council on a
report from a committee stated that member
should not make any further charge in respect of
the new mortgage.
Sale by way of transfer of shares
The Council on a report from a committee
stated that where a solicitor investigates title to
property on a sale by way of transfer of shares he
is entitled to charge the commission scale fee. If
the transaction necessitates further work in con
nection with the affairs of the company the
additional costs would be chargeable under
Schedule 2.
Solicitor acting as auctioneer and house agent
Senior Counsel advised the Society that there is
no legal obstacle which would prevent a solicitor
from obtaining an auctioneers and house agents
licence. Rule 5 of the Professional Practice Regu
lations provides that a solicitor shall not directly
or indirectly apply for or seek instructions for
professional business or do in connection with his
practice any act or thing which can reasonably be
regarded as touting or advertising or as calculated
unfairly to attract business. The Privileges Com
mittee on a report to the Council stated that while
this regulation remains a solicitor who carries on
the business of auctioeer while holding a practis
ing certificate would contravene the regulation.
FEDERATION OF PROFESSIONAL
ASSOCIATIONS
A symposium on "The Education of the Pro
fessions for the Future of Society" was held under
the auspices of the Federation of Professional
Associations in the Shelbourne Hotel, Dublin, on
14th November, 1969. Mr. Brendan A. McGrath,
President of the Federation acted as Chairman.
Dr. Ivor Brown, Professor of Psychiatry and
Preventive Medicine, stressed that the professional
man, whether he be lawyer, doctor or engineer,
had a double function to perform—(1) The at
tainment of knowledge and competence worthy of
a profession. (2) A duty of service to mankind.
These two functions had been jealously guarded
in the past. The duty of service necessarily in
volved the development in each profession of an
internal standard of professional ethics. There had
consequently been a tendency for professions to
further their own ends by convenient restrictive
practices. The advancement of knowledge has in
evitably tended to produce specialists in special
fields in each profession. The essential result has
been—The greater the degree in specialisation,
the higher the place in the elite of the profession.
As a result of the modern techniques of com
puters and
librarianship advance,
there is no
longer a necessity for a druid like elite painfully
learning and jealously guarding a static body of
learning. Professional technical skills can to a large
extent be carried out more efficiently by techno
logical apparatus.
The main emphasis on the education of profes
sionals in the future should concentrate above all
on adaptability- The professional of the future
should concentrate to learn how to utilise the in
formation available instead of storing mere func-
tual material. While specialists are necessary, it will
also be essential to produce professionals who have
a more general knowledge of their profession; for
them, wisdom would be more important than
technical expertise. These broadly based profes
sionals would be the leaders of the profession.
It is essential for the various professions to be
able to communicate with one another, and to
work together.
The Hon. Mr. Justice Kenny said that it was
essential for the future professionals to have a
deeper but more specialised knowledge of their
skills as for instance the Town Planning Act and
the Companies Act. Unfortunately, this specialised
knowledge necessarily involves a technical vocabu-
ulary, consequently professional knowledge has
become the property of a few who have mastered
the technical vocabulary.
It follows that if professionals are to under
stand one another, there will have to be co
operation between the specialists in the various
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