465 / 736
and apparently accepted in the case of a wide
range of business and other occupations, e.g.
stockbrokers,
literary
agents,
commodity
factors, and business generally which protects
itself against rising costs by fixing profit as a
percentage
on
turnover.
Solicitors,
like
business-men generally, are in a risk occu
pation — they have not the security and
pensions of salaried employees and officials.
(e)
Solicitors more
than any other profession
must transact business for a widely varying
clientele from wealthy companies to individ
uals with little means. Many transactions have
great personal but
little
tangible property
value — e.g. family and personal problems.
It would be impossible to time-cost each case
and charge on the basis of cost plus. As a
matter of practical business the profession
must look for its remuneration where the
resources exist.
(/) Nobody has properly examined the alternatives
to cross-subsidisation or the consequences of
its abolition.
(g)
The recommendation in the PIB Report that
charges for smaller conveyancing deals should
be increased, and charges in large deals should
be reduced, will have small appeal for the
poorer client.
BRENDAN McGRATH,
Solicitor
(Reprinted from Ledrgas
—
The Journal of
the Irish Institute of Administration —
March
1970).
"WHICH" ON CONVEYANCING —
POSTAGES, TRAVELLING AND
TELEPHONES
The magazine "WHICH" (Consumers' Asso
ciation) is widely read in Ireland and for this
reason the recent issue which was devoted largely
to conveyancing, will be of interest
to
Irish
practitioners and
their clients. That particular
issue contained views which are contrary to the
long-established opinion and practice of the pro
fession in the following respects. These related
inter alia
to postages and telephone calls and
agency fees on completing transactions and it
was stated that they are covered by the Com
mission scale fee where chargeable.
As regards postages, telephone calls and similar
disbursements, clause 4 of the Solicitors' Remuner
ation General Orders 1884-1964 consolidated,
printed at page 182 of the Members' Handbook
is as follows:
The remuneration prescribed by Schedule 1
in
this Order, is not
to
include stamps
counsel's
fees,
auctioneer's
or
valuer's
charges, travelling or hotel expenses, fees
paid on searches to public offices on regis
trations .... costs of extracts from any
register, record, or roll, or other disburse
ment reasonably and properly paid .... but
shall
include
law
stationers charges and
allowances for the time of the solicitor and
his clerks and for copying and parchment
and all other similar disbursements.
It is the view of the Council and in accordance
with
the
long-established practice of the pro
fession that the amount spent by a solicitor on
postages and telephone calls for a client is just
as much a chargeable disbursement as for example
a search fee. The Council see no reason to alter
this view.
As regards agency fees for completing trans
actions, it is clear that a solicitor cannot charge
a scale fee and at the same time include in his
bill as profit charges the fees of another solicitor
who acts as his agent on the completion of a
transaction or carries out other work which is
covered by the scale fee. However a solicitor is
entitled to charge as disbursement in his bill the
amount which he reasonably spends on travelling
to complete the transaction and any necessary
accommodation and subsistence
in accordance
with clause 4 mentioned above. There is therefore
no objection to his charging in his bill the amount
of the agent's fees for completing a transaction
provided that they do not exceed the expenses
which he would have incurred in travelling and
for subsistence had he attended personally to com
plete the business.
SOLICITORS APPRENTICES
DEBATING SOCIETY
The Inaugural Meeting for the session 1969-70
was held in the Library, Solicitors Buildings, on
Friday 24th April, 1970, when Mr. Michael S.
Roche, B.C.L., delivered his inaugural address
13'