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Disclosure to Insurance Company ofWidow's
instructions to Solicitor to pay over to
her child's share in deceased intestate's
estate
A member acted for the widow of a deceased
intestate and the assets when realised amounted to
approximately £5,500. The deceased left a widow
and one child. Another solicitor had previously been
instructed and he had extracted the grant of ad
ministration and
the administration bond was
obtained from an insurance company. Member had
in hands about two-thirds of the moneys realised
and his client informed him that she wished to have
this money transferred to her for use in the course
of her business. Member enquired of the Society
if he was at liberty to notify the insurance company
of this or if he was under any obligation to notify
them. He felt that he should pay over the money
to his client (who is also the legal personal represen
tative) when requested, but he wished to know if he
had any duty to the insurance company who had
gone surety on the administration bond.
The Council, on a report from a committee,
decided that member should be advised to write
to the client informing her that the consent of the
insurance company would be required for the
application of the child's share in the manner
disclosed. Member should ask for particulars from
the client of what it was intended to do and should
ask also for permission to disclose them when
obtained to the insurance company.
ORDINARY GENERAL MEETING
A general meeting of the Society was held in
the Library, Four Courts on 24th May, 1962.
The president, Mr. George G. Overend, took the
chair. The notice convening the meeting was by
permission of the meeting taken as read.
The minutes of the ordinary general meeting
held on November 23rd, 1961 and the minutes of
the special general meeting held on 9th March,
1962, having been circulated, were taken as read
and signed by the chairman.
The chairman announced that he nominated the
following members of the Society as scrutineers
of the ballot for the election of the council to be
held on I5th November, 1962; John R. McC.
Blakeney, Thomas Jackson, B. P. Me Cormack,
R. J. Tierney, A. J. McDonald.
The President addressing the meeting said :—
LADIES AND GENTLEMEN,
Before dealing with the business of your society I have to
record with regret the death since we last met of the following
members of the society: William E. O'Brien, Mitchelstown,
John D'Oyly Battley, Dublin, William T. McMenamin,
Ballybofey, Noel M.
J. Purcell, Dublin, Thomas A.
O'Donoghue, Tuam, William McCabe, Cork, Daniel Casey,
Cork, Richard A. O'Brien, Dublin, James Rowlette, Sligo and
William T. Mackey, Dublin.
On behalf of the members of the council and on my own
behalf I would like to express deep sympathy with their
relatives and friends.
While it may be invidious to mention any names I must
refer to the late Mr. Richard A. O'Brien who died last week
at the age of 86 and was for over 21 years Chairman of the
Solicitors' Benevolent Association. On his retirement he
became the first and only patron of that association. He was
untiring in his efforts for our less fortunate colleagues and
their dependants and he will be remembered with gratitude
by all those he was instrumental in helping during his long
tenure of office.
Too many of us either neglect or forget our responsibilities
to our needy colleagues and their families. MayI appeal to you
to do your share by
joining the Solicitors' Benevolent
Association if you are not already a member, or if you are, by
procuring at least one new member.
It has always been the wish of your council that every
practising solicitor should be a member of your society, but,
over the years, there has always been a small minority which,
for some reason or another have not seen their way to join.
I think this is a great pity as the society, working through its
council, is, after all, your governing body and it behoves each
member of the profession to give his contribution, however
great or small, it may be, to the society for the betterment of
the profession as a whole. There are at present 1,300 solicitors
holding practising certificates in the Republic and 1121
members of the society so that there are at least 179 practising
solicitors outside the society and the figure is certainly highe
as many assistant solicitors do not take out practising
certificates. I would earnestly appeal to you to do your utmost
to persuade these men and women to join the society and to
play their part in the affairs of our profession.
COMMON MARKET
The future of the legal profession in this country is more
uncertain today than it has ever been before. It seems now
very possible that Ireland will, before long, become a member
of the European Economic Community, more generally
known as the Common Market. Very few of us profess fully
to understand the implications of such membership but they
will be far-reaching and will affect us politically, in trade and
commerce, and indeed in the professions.
It is by no means certain as to what will be the exact form
which membership will take. The admission of the United
Kingdom, Ireland and possibly some of the Scandinavian
countries will pose problems that did not face the original
Six, and changes in the Treaty of Rome may ensue. The treaty
is a complex organisation and I think I can say without fear
of contradiction that the effect of some of its provisions are
far from clear.
Article 5 5 provides for what is known as " freedom of
establishment ", namely the right of a person in one member
state to set up in another member state.
The general tenor of the whole treaty is to create one large
community within which there should be a free inter-change
of population, of labour and of services and it would seem
from this that professional men, which would include lawyers,
may likewise have the right of " freedom of establishment "
to a greater or lesser degree.
Activities which in any state include even incidentally the
exercise of public authority are expressly excluded by Article
55(1) from the "freedom of establishment" and among
considered opinion there seems to be much doubt as to
whether such exception could include lawyers in whole
or in part.
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