The Gazette 1967/71

530 / 736

MEETINGS OF THE COUNCIL
September 24th
Mr. T. V. O'Connor, Vice-President, in the
chair, in the President's absence; also present
were : Messrs John Carrigan, George A. Nolan,
John C. O'Carroll, Augustus Guile, John Maher,
Senator J. J. Nash, Desmond Moran, Gerard
M. Doyle, James W. O'Donovan, Norman T.
J. Spendlove, Gerald J. Moloney, Peter E.
O'Gonnell, Joseph L. Dundon, Patrick F. O'Don-
nell, Bruce St. J. Blake, Patrick C. Moore, Walter
Beatty, Christopher Hogan, Eunan McCarron,
Mrs. Moya Quinlan, William A. Osborne, Patrick
Noonan, W. B. Alien and Gerald Hickey.
The following was among the business trans
acted.
Council vacancies
Mr. William B. Alien, provincial delegate for
Connaught, having resigned, Mr. Patrick J.
McEllin, Claremorris, was co-opted as provincial
delegate in place of Mr. Alien. Mr. Alien was
co-opted as an ordinary member of the Council
in place of Mr. William B. Cahir who recently
resigned.
Road Traffic prosecution—fees for defence
A recommendation of the Council on the appro
priate fees for defending Road Traffic prosecu
tions and similar proceedings is printed in this
issue of the Gazette on pages 74-75.
Central Costs Committee
The Council considered a report on the subject
of a meeting between the Minister for Justice and
representatives of the statutory rule-making com
mittees and the statutory body under the Solicitors
Remuneration Act, 1881, and directed that a
circular reporting the position be sent out to
members and to honorary secretaries of bar asso
ciations.
Builders' advertisements
It was reported that a building development
company had recently published advertisements
in the daily press advertising houses for sale at a
price which was stated to include all fees. Repre
sentations had been made to the solicitors acting
for the company and it was understood that such
a reference would be omitted from future adver
tisements.
Debt collection letters
The attention of the Council was drawn to a
form of letter used by a debt collecting agency
demanding payment of a debt with a threat of
publicity which would damage the debtor's credit
rating coupled with a demand for payment of
collection fees. The Council stated that such cir
culars were open to objection whether issued by
non-professional agencies or by solicitors. The
statement was approved for release to the press.
Mortgagees' requirements as to title
The Council disapproved of a requirement of
solicitors acting for a building society that a
solicitor for the purchaser-borrower should give
an undertaking to discharge all outstanding
queries or additional requirements of the Land
Registry to enable registration to be completed
and to discharge any additional fees or outlay
which might be payable over and above antici
pated fees and outlay. The Council agreed with
the submission of members that it is the duty of
the mortgagees' solicitors to satisfy themselves as
to title before advising the society to make the
loan and that the onus should not rest upon the
mortgagor's solicitors.
Completion of sales through the post
The Council, while not approving or sanction
ing the practice of completion of sales through the
post, stated that, where solicitors on the instruc
tions of their clients adopt such a course it is
necessary to obtain appropriate solicitors' under
takings to ensure that the obligations on closing
are duly fulfilled. The question whether failure
by the solicitor for either party to carry out his
obligations on closing would amount to miscon
duct depends on whether the matter is covered by
a satisfactory personal undertaking.
PROFESSIONAL FEES FOR PROCEEDINGS
ARISING OUT OF ROAD ACCIDENTS
The Council decided to amend the statement
published in the Society's Gazette, February 1964,
he following statement is substituted.
the opinion of the Society 12 guineas is the
inimum proper fee which should be accepted
by a member of the Society for either :
(a) attending at a coroner's inquest, or
(b) attending a court of summary jurisdiction
to defend ;>ny proceedings under Sections
74