463 / 736
single document is preferable and will be less
likely to give rise to difficulties of interpretation.
Before finally committing themselves the parties
should be absolutely clear that they both attach
the same meaning to the wording of the appoint
ment. Differences of local customs, differences of
interpretation of even simple expressions in the
same language and differences of languages, can
very easily lead to a position in which parties
superficially appear to be in agreement but in
which it subsequently transpires that they were
really at cross-purposes without recognising the
fact.
Finally, the terms of the appointment should
clearly state whether the contract is to be con
sidered an Irish one, governed by
Irish
law
and
bs
subject solely to the jurisdiction of the
Irish courts or whether some other national law
is to apply and some other court is to have juris
diction over disputes. Alternatively, there could
be a provision that disputes should be regulated
by arbitration. But even in that case the applicable
law and the mode of appointment of the arbi
tration tribunal should be defined. There are many
cases of international contracts in the Law Reports
in which (because the contracts themselves were
silent on the points) a great deal of time and ex
pense was involved in deciding preliminary issues
as to what law was applicable to the contracts,
and what courts had jurisdiction over disputes
arising from them.
Legal
advice
When the law to govern a particular contract
is decided upon, both parties, particularly the one
to whom the law in question is a foreign code,
should get advice necessary to ensure that there
are no special requirements of such law which
have to be specially considered in relation to the
particular appointment in question.
Many voluminous text books have been written
on the subject of agency contracts. An article of
this nature can hope to do no more than put
readers on their guard to the fact that the appoint
ment of foreign agents is something that must be
handled with extreme care.
(Coras Trachtala will always be glad to help with
guidance and advice on this important matter).
(Reprinted from EXPORT — Vol.
4.
No.
1.
1970,
by permission of Coras Trachtald).
SOLICITORS CHARGES AND
INCOMES
The first sub-heading of Professor Kaim-Caudle's
article
on "Solicitors' Charges
and
Incomes"
appearing in the January issue of
Leargas
is titled
"Monopoly". Under this sub-heading the author
correctly states that the title of Solicitor is re
stricted by law to
those listed on the Roll of
Solicitors. He then goes on to say that —
(a)
the Incorporated Law Society controls entry
by admission rules, apprenticeship and examin
ations;
(b)
no one may charge for legal services who is
not a Solicitor;
(c) Solicitors oppose competition.
Just what all this has to do with monopoly
is difficult to see. 'Monopoly' connotes the power
to control supply by concentrating that power in
the hands of a single person or undertaking. This
is a far cry from insistence upon common stand
ards of education, training and conduct set by a
professional body to which anyone can conform
who has a mind to do so. It is incorrect to say
that the Law Society
'controls' entry into the
profession. It does not; it regulates entry. Numbers
are not controlled. Entry is determined by com
pliance with theoretical and practical training and
tested by assessment of the knowledge and skill
required. I believe that something of the same kind
applies to carpenters, fitters and electricians.
I
scarcely imagine that the learned professor would
wish to have his appendix removed by a plumber.
If knowledge and skill derived from intensive
education and training is necessary for the dis
charge of a personal duty to another with respect
to the guidance of that person in the conduct of
his own affairs, it is not unreasonable to insist
that
if one undertakes
that
task without the
qualification to do so it should be done free of
charge.
It is, however, in a relatively small field com
pared with many continental countries, eg., West
Germany that the restriction upon doing legal
work for fee or reward (the so-called monopoly)
operates. It applies in Ireland to the preparation
of documents giving rise to legal relationships and
to the conduct of litigation in the courts. It does
not extend to the giving of legal advice, negotiating
settlements or property deals. In these fields non-
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