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ordinary member following the resignation of Mr.
Desmond Collins. Mr. Doyle resigned from the
office of extraordinary member. Mr. David R.
Pigot was appointed as an extraordinary member
of
the Council for the Dublin Solicitors' Bar
Association
to
fill
the vacancy caused by
the
resignation of Mr. Doyle from this office.
State Solicitor—Conflict of interests
The Council on a report from a committee
stated that a solicitor practising independently
and also acting as a part-time qualified assistant
to a State Solicitor would not be entitled to act
for a defendant in any proceedings instituted by
the State whether within or without the area of
practice of the State solicitor. A partner in the
separate office of the assistant to the State solicitor
would be bound by the same restrictions.
Amalgamation—Conflict of interest
Two firms amalgamated. Prior to amalgamation
they represented a plaintiff and defendant respec
tively in certain proceedings in the Circuit Court
which are ready for trial. They enquired whether
the new firm may continue to act in the matter.
The Council, on a report from a committee stated
that the firm should act neither for plaintiff nor
defendant who should be directed to separate
solicitors.
Personal undertaking
A member on the completion of a sale gave the
following undertaking :
fn consideration of your completing the sale
of the above premises this day I undertake to
explain all acts appearing on negative search
number 1390/1969 lodged by me in the above
matter.
The search disclosed 10 acts and member wrote
his explanations thereon. The purchaser's solici
tors were not satisfied with
the explanations
particularly with reference to a mortgage. Mem
ber subsequently ascertained that there was a
release of the mortgage among the title deeds.
Purchaser's solicitors require member to obtain
the mortgage deed
to comple
their client's
title, and member enquired whetht. he was under
obligation to do this. The Council on a report
from a committee stated that he was not so
obliged by virtue of the undertaking.
Counsel's fees
A member referred to a statement on page 22
of the Report of the Council for the year ended
30th September 1969 with reference to the per
sonal responsibility of a solicitor to counsel for the
proper professional fees. If the fee was not marked
and agreed the proper professional fee means a
reasonable fee and prima facie the test is the
amount allowed or which should be allowed on
the
taxation of
the solicitor's costs. Member
stated that it was not his practice to mark or
agree counsel's fee before handing out the brief
and he wanted a ruling as to (a) whether the
reference to taxation of the solicitor's costs means
taxation between party and party or
taxation
between solicitor and client,
(b) what special
reasons, if any, should be present to entitle counsel
to a higher fee than what might be allowed by
the taxing master on taxation of the plaintiff's
costs. The Council on a report from a com
mittee stated that (a) the reference in the state
ment to
taxation of costs means
taxation as
between party and party, (b) If counsel stipulates
for certain fees on acceptance of the brief the
solicitor is under a professional obligation to pay
them irrespective of the party and party taxation
but he should notify the client for his own pro
tection.
Land
Act
1965—Vesting of
interest
in non-
national
A member sought guidance whether the con
sent of the Land Commissron is required to a
release of a mortgage to a non-national assum
ing that consent had already been obtained when
the property originally vested in him, in other
words is the revesting of the legal estate in a
mortgagor an
interest within
the meaning of
the Land Act 1965. The Council stated that in
their view the consent of the Land Commission
would appear to be required and in any event it
would be good practice to obtain such consent.
Tenant purchase schemes, basis of costs
A member who acts for a local authority asked
for guidance as to the appropriate charges where
the consideration for a lease to a tenant purchaser
is a capital sum normally payable over a period
of years, the lease also reserving a nominal yearly
rent of I/-. The Council stated, subject to what
is mentioned below that the solicitor is entitled
to charge the commission scale fee on the fine
and also the minimum commission scale fee on
the rent that is £7 10s. Where the capital sum
is spread over a period of years the solicitor is
entitled to charge the commission scale fee on a
lease not at a
rack
rent calculated on
the
maximum yearly rent payable under the lease. In
addition in each case the solicitor is entitled to
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