471 / 736
It
is emphasised however that
the Council
cannot direct members as to how they are to
conduct their business. Before taking any unusual
course the instructions of the client should be
obtained, preferably in writing after a full ex
planation of their effect. The difficulties caused
by the bank strike are not of solicitors' making
and decisions as to the completion of business are
ultimately business decisions of the client con
cerned. In taking any course it is obviously the
duty to explain fully to the client of the solicitor
their legal consequences and when this had been
done the decision as
to
the action taken for
immediate completion or alternatively postpone
ment of completion until banking facilities are
resumed will rest on the client.
CRIMINAL LEGAL AID
SCHEME
On the introduction of the criminal legal aid
scheme in 1965 the Council after meetings with
officials of the Department of Justice advised the
profession to operate the scheme provisionally for
a period of about two years on the scale of fees
authorised by Departmental regulations. The scale
was to be reviewed after the trial period. At the
same time the General Council of the Bar of
Ireland announced that members of the Bar would
be available to operate the scheme when instructed
by solicitors. There is no panel of Counsel, the
principle being that the Bar as a body were
members of the scheme.
As the result of separate discussion between
the Minister for Justice on one hand and the
Society representing the solicitors' profession and
the Bar Council representing the Bar, the Minister
last July agreed in principle to certain increases.
The increase as affecting solicitors was approx
imately 25% on the original scale with certain
other adjustments.
The Society
informed the
profession of the result of the negotiations and
that it was the best bargain which could be made
although, in the opinion of the Council, and indeed
admittedly on the part of the Minister, not at all
remunerative. The decision to join or resign from
the legal aid panel is an individual matter for
each practitioner. The decision to join or resign
from the scheme is a single decision of the Bar
Council as representing the entire body of the
Bar.
The General Council of the Bar of Ireland
recently announced thai: Counsel who are members
of the Bar Library would no longer be available
to operate the sceme and the Council were in
formed that solicitors were now unable to obtain
the services of Counsel in cases in which an
accused person has obtained an order entitling
him to legal aid with solicitors and counsel. This
was subsequently modified
to
the extent
that
counsel will accept briefs in legal aid cases where
the accused is in custody, but they will not accept
any fee as long as their present disagreement with
the Minister continues.
In the opinion of the Council a solicitor whose
name is on the legal aid panel is obliged to accept
assignments on behalf of accused persons. If an
assignment involves representing the accused in
proceedings in the Circuit Court or High Court
the solicitor may be unable to obtain the services
of counsel. This will involve him in the obligation
to appear personally on behalf of the Circuit
Court or the High Court, subject as regards the
High Court, to the permission of the Judge. This,
in many cases, will impose a very heavy burden
of responsibility and work on a solicitor who re
mains on the panel. The decision to join or resign
from the panel is a matter for the individual
solicitor.
SOCIETY'S GROUP INSURANCE
SCHEME
The Society's brokers, Coyle & Co. (Insurance)
Limited, report that this scheme is receiving strong
support from members. To date over 200 enquiries
have been received from offices throughout the
country and a substantial number of new policies
have been issued. Enquiries should be directed to
Mr. J. G. Carr, Coyle & Co. (Insurance) Ltd., 7,
Anglesea Street, Dublin 2.
BUILDING ESTATE
Advance certificates as to title:
The following is the proposed form of certificate
to discharge requisitions on
title recommended
by the Council for adoption by members. It is felt
that a certificate of this kind furnished by the
solicitor for the builder would expedite completion
by shortening requisitions on title. The adoption