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MEETINGS OF THE COUNCIL (January 14th)
The President in the chair, also present: Messrs
William B. Alien, Walter Beatty, Bruce St. J.
Blake,
John Carrigan, Anthony E. Collins,
Augustus Cullen, Gerard M. Doyle, Thomas J.
Fitzpatrick, James R. C. Green, Gerald Hickey,
Christopher
Hogan, Michael
P.
Houlihan,
Thomas Jackson Jnr., John B. Jermyn, Eunan
McCarron, Patrick McEntee, John Maher, Patrick
C. Moore, Gerald J. Moloney, Senator John J.
Nash, Desmond Moran, George A. Nolan, Patrick
Noonan, Peter E. O'Connell, Roderick J. O'Con-
nor, Thomas V. O'Connor, Patrick F. O'Donnell,
James W. O'Donovan, William A. Osborne, David
R. Pigot, Peter D. M. Prentice, Mrs. Moya
Quinlan, Robert McD. Taylor, Ralph J. Walker.
The following was among business transacted.
Directorship in auctioneering limited company
A member enquired whether he might hold a
directorship in an auctioneering limited company.
The Council on a report from a committee were
of the opinion that this would be open to objec
tion as calculated to attract business unfairly to
the solicitor which would be contrary to para
graph five of the Professional Practice Regulations.
Service of proceedings on client
The Council considered a report from a com
mittee in a case in which a member had caused a
Circuit Court civil bill to be served personally on
the client of another solicitor with whom he had
already been in correspondence about the claim.
The Council stated that while there may be occa
sions in which a solicitor acting on the instruc
tions of a client may have to serve proceedings
directly on the defendant nevertheless in the cir
cumstances of the case the plaintiffs should first
have notified the defendant's solicitor by letter or
telephone as a matter of professional courtesy.
Revenue Commissioners Stamps Branch
A firm of solicitors purchased certain property
in the name of a partner in the firm as trustee of
the company for which the firm acted profes
sionally. The partner subsequently made a con
veyance of the property to the company reciting
that he held the property as trustee and that the
purchase money had been paid by the company
to which he was conveyancing the property. The
Revenue Commissioners asked for proof and did
not accept the statement in the deed without
production of the paid cheques of the company
which were available. The Council decided to
take the matter up with the Revenue Commis
sioners on the basis that where a solicitor makes
a recital of facts in a deed of this nature it should
be accepted without putting him to further proof.
Termination of retainer
A member asked for guidance as to his right
to terminate his retainer in a common law action
where the client refused to act on the advice of
counsel as to acceptance of a payment into Court
and insisted on proceeding but refused to make
any payment towards costs or disbursements.
The Council on a report from a committee
stated that in common law actions the rights and
obligations of a solicitor were settled in Under
wood Son and Piper v Lewis (1894, 2, Q.B., 306)
when it was laid down that if a solicitor under
takes to conduct such an action he makes an
entire contract in the absence of special agree
ment to conduct the case to the end and he can
not discharge himself except for good cause and
on reasonable notice to the client. Good cause
includes failure to provide funds for disburse
ments—Robins v Goldingham (1872, L.R., 13
E q 440). The Council stated that on the facts
member was entitled to refuse to continue with
the action unless the plaintiff provides funds for
necessary disbursements. Reasonable notice should
be given to the client and member should take
the necessary steps to have his name removed
from the Court record.
Company limited by guarantee
The Council decided to initiate discussions with
the Registrar of Companies to have an agreed stan
dard form of memorandum and articles of associa
tion for a company limited by guarantee and if
possible to incorporate Table C by reference.
Building agreements
It was decided to initiate discussions with the
building societies with a view
to getting
the
Society's standard form of building agreement
accepted as a condition of the making of loans
with a view to avoiding the dangers inherent from
the multiplicity of building agreements now in use.
Costs of first registration
In a case in which Land Commission consent
was required under Section 12 of the Land Act,
1965, to the sub-division of unregistered property
for the purpose of a sale. The contract provides
that the vendor should do all such acts as are
necessary to obtain the consent. The Land Com
mission attached a condition to the consent that
the purchaser should become registered as the
owner of the property sold. The parties asked
the Council for a ruling as to the incidence of the
costs of registration. The Council in the particular
circumstances stated that the purchaser should
pay the costs and outlay.
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