455 / 736
In order to be in a position to submit the sort of
factual statistical information which a Commission of this
sort is likely to require we have carried out an office
survey which we hope will be of assistance to us when
we have to appear before the Commission. I am bound
to say that the response to a questionaire was somewhat
disappointing in spite of personal appeals for co
operation.
We have been in contact with the Department about
the composition of the Commission with a view to ensuring
that there is someone on the board who has a
professional background as it is important that the
question should not be approached solely from the point
of view of the economist or civil servant. Ours is not
a trade which can be geared to increased production
without regard to other considerations.
Solicitors certainly feel the burden of the increased
costs of living like any other employer — overheads
increase steadily, rents, rates, wages, office supplies and
other costs all go up and in many areas of our work we
are tied to outdated scales of costs. All too frequently
revision of these scales lag months and even years behind
the introduction of new Court rules and sanction of
increased wages. Distinguished outside commentators
like Professor Kaim-Caudle have said that some of the
fees allowed to Solicitors are derisory.
At the recent Careers Exhibition in Dun Laoghaire
sponsored by Rotary the Council, with the help of
Dun Laoghaire solicitors arranged for the manning of
a Law Society stand and for the issue of a special
booklet on How to Become a Solicitor.
REGISTRY OF DEEDS
The Council were pleased to note that one of the
Law reform projects stated by the Minister to have
reached an advanced stage was legislation to modernise
the practice in the Registry of Deeds. The present
requirement that a Memorial of every Deed to be
registered shall be written out on parchment is certainly
both antiquated and costly. It is difficult to find a
member of one's staff nowadays who can write a decent
readable hand on ordinary paper let alone on parch
ment and in anv case, parchment is becoming in
creasingly hard to obtain at any cost. We have been
T,-,-,,-,:^ for a ]ong time that the changes made in
the Northern Ireland Registry some years ago would be
followed here.
LAND REGISTRY
On 1st Januarv, 1970 the Compulsory provision of
the Registration of Title Act 1964 became applicable to
the counties of Carlow Leix and Meath and a
deputation from the Council met the Registrar of Titles.
Serious problems arose for solicitors following the
extension of compulsorv registration in the country. In
the affected areas purchasers have often accented in the
past titles which are much less than would be required
for first voluntarv registration. Subject to certain
exceptions these titles for first voluntary registration
must start with a good root of title not less than 30
years old. It was not uncommon to deal with titles
of much more recent date of commencement, particularly
as one often found oneself tied down to a verv short
title bv the conditions of sale. As I \mderstand the
position, the Registrar of Titles will take as liber?! a
view as possible of the rules but he informed a
deputation from the Council that the rules were there
and would have to be observed.
The second matter is the necessity of the production
of original title deeds which can be quite an expensive
operation.
Where a known title has been registered in respect of
one part of the property all subsequent dealings with
other parts of the property held under the same title
could be registered by reference to the first dealing. It
will not be necessary to procure production of the
title deeds on anything but the first dealing with the
title.
If new rules are made one thing could be done
which would ease the situation considerably. Under Rule
19 (3) where registration is compulsory and the purchase
money of the property does not exceed £2 000 the
Registrar may, if he thinks fit, register a title as
absolute on production of a certificate by a solicitor at
the expense of the applicant to the effect that he
investigated the title and made the searches and is
satisfied that the conveyance validly vested the property
in the applicant. The relevant value should be increased
to £10,000 as the figure of £2,000 in the rules is out
of date. This proceduce would go a long way towards
minimising the difficulties to which I have referred.
SOLICITORS' BENEVOLENT ASSOCIATION
Recently I had the privilege of seconding the adoption
of the annual report. Anyone who has had experience
of the work of the Council on the Registrars and
Compensation Fund Committees will know of cases
where human frailty has led to situations where widows
and families of solicitors are left in pitiable circumsances.
In these days of fierce competition and rising costs it
is often very difficult for a self-employed professional
man to provide for old age or for an unexpected break
down of health or to make adequate provision for
dependents on his death. The Solicitors' Benevolent
Association investigates and helps every such case that
is brought to its notice and can onlv do this by virtue
of the financial support of every solicitor and solicitor
inspired benefactors.
LEGAL AID
Legal aid both criminal and civil becomes ever more
necessary but as you know we only have criminal legal
aid here. The original scale of charges prescribed was
admittedlv inadequate and the figure of a 25 per cent
increase was accepted by the Council on a temporary
basis. Even this increase has not been brought in and
more and more solicitors are taking their names off
the panel. The decision to join or resign from the
scheme is a matter for the individual solicitor. The
Bar are not in the scheme except for legally aided
persons who are in custody and in such cases a barrister
on the panel will act without fee as the Bar Council
regard the prescribed scale as1
inadequate. The absence
of full facilities for the defence have made the position
almost untenable for the individual solicitor who is on
the Legal Aid Panel.
In view of the difficulty of manning the Criminal
Legal Act Aid Scheme owing to lack of proper State
finance it is clear that the promised C'"il Legal Aid
Scheme is still a long wav off. For this reason the
Council welcomed the Free Legal Advice Centres which
were set up bv law students on their own initiative with
practical help from the Dublin Solicitors Bar Association
?nd support from this Societv and from the Bar Council.
I hope the enthusiasm of the founders will not be allowed
to wane.