691 / 736
a retainer of 100 gns. per annum from a Company.
During the course of the year they attended on
the clients on several matters. They asked for
the Society's view as to the matters which would
normally be covered by
the retainer and
the
matters for which charges might be made in
addition to the retaining fee. The Council, on a
report from a committee, stated that in agreeing
a retainer to the solicitor should stipulate precisely
the work which would be covered. In the absence
of agreement the Council stated that the retainer
would cover general day to day advice and attend
ance at board and company meetings when re
quested but would not cover such matters as the
institution or defence of proceedings or convey
ancing.
Circularising clients
The Council, on a report from a committee,
stated that there is no professional objection to
circularising clients on behalf of whom the solicitor
holds wills to ascertain whether the wills have
been revoked or whether any deaths have occurred
or if financial legislation may be calculated to
influence the minds of testators since they made
their wills.
A solicitor taking over another practice, or the
vendor's solicitor of the executors of a deceased
solicitor selling the practice, may write to the
clients of the practice notifying
them of the
change.
TRAINING IN COMMUNICATIONS
Members of the profession in the course of their
professional life, or in connection with other in
terests, may be invited to appear on television or
in radio presentations. The majority are aware
that the standard techniques of public speaking
do not apply to either of these media and some
specialist training is necessary. Facilities for this
training are being widely used in industry, by trade
unions and by the clergy.
To provide similar facilities for solicitors the
Society is planning a course at the Communica
tions Centre, Booterstown, Dublin. This is expec
ted to be a five night practical course (three hours
per night) and the fee will be £10, payable by the
member through the Society. The course will be
limited
to 30 participants. Members who are
interested in this development are asked to inform
the Secretary as soon as possible in order that
arrangements may be completed.
SOLICITORS
COSTS
OF FIRST LEASE
OR PURCHASE OF NEW HOUSE
Statement by the Council
The total legal costs incurred by the purchaser/
mortgagor of a new house has been the subject
of considerable adverse comment in the press and
elsewhere. In the view of the Council the adverse
comment is occasioned by three factors: —
1.
The imposition on the mortgagor of the
mortgagee's solicitor's costs.
2. The imposition on the purchaser of the
vendor's lessor's or builder's costs by means of the
imposition on him of charges for copy documents
of title, declarations of identity and other docu
ments which are necessary to enable him to obtain
a mortgage.
3. The lack of uniformity in the costs charged
to the purchaser/mortgagor particularly where the
sale is by way of building agreement and agree
ments for lease.
The Council propose to make representations
to building societies and other lending institutions
with a view to having the mortgagee's solicitor's
costs added to the amount of the advance or
alternatively to have the lending institutions bear
their own costs.
The Council have passed the following resolu
tions to deal with the other two factors: —
1.
Agreements for the sale of new houses
should not unduly restrict the title offered to the
purchaser and should provide for the furnishing
to the purchase without cost to him of all copy
documents and declarations necessary to enable
him to obtain a loan. In particular the following
documents should be furnished to the purchases
where applicable without charge: —
Copy documents of book of
title
including
certified copy negative searches.
Statutory declaration of identity.
Certificate
of
compliance
with
building
covenant.
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