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been represented at conferences at Koln under the leadership
of Mr. John Carrigan, and last year at Salzburg under the
leadership of Mr. John Nash. Members of our Society have
read papers, served on committees and addressed sessions ofthe
conferences and at the moment Mr. Nash is our Society's
representative on the Council of the Association, while Mr.
Carrigan is Secretary of the Topics Committee for the next
conference, due to take place next year in Edinburgh, and Mr.
Plunkett is Chairman of the Membership Committee.
Recently you will no doubt have seen that the Association
of Attenders and Alumni of The Hague Academy of Inter–
national Law met in Dublin. I would like you to know that
all the arrangements for the Conference, which was acknow–
ledged to be an outstanding success, were made by some of the
younger members of our profession.
These conferences, which are bringing together men and
women of many and different nations whose ways of life may
vary from ours, but who share with us a desire for freedom
and a love of peace, can do nothing but good and I can assure
you the name of our Society, due to the work done and being
done by our representatives, stands very high and rightly so.
Finally, may I refer briefly to a movement started in the
United States of America amongst those interested in the law,
which seeks to establish the Rule of Law amongst nations.
There are those who believe, and I share the belief, that we
as lawyers have a tremendous responsibility which is only
equalled by the present opportunity to put across the ideal of
an international society governed by law.
In this effort practising lawyers, professors of law and
jurists of every nation are needed and will be invited to use
their knowledge and influence in one great co-operative and
organised effort to achieve this result.
Grants of large sums have been made available in the United
States to organise and further this cause and plans are now
well in hand for Continental conferences which will be held
during this year. Conferences have been scheduled and some
have already taken place for lawyers from the Americas,
Africa, Asia and Europe.
These meetings will be followed by a world conference
early in 1962, when it is hoped that areas of agreement as well
as those of disagreement may be defined and arising thereout
international conventions may be drafted for further expanding
and defining the scope of international law along with con–
ventions for the creation of new and perhaps more effective
international courts.
Funds have been provided for the expenses of one delegate
from each nation to the Continental conferences and for two
delegates from each nation to the world conference.
I have, of necessity, Air. Mayor and Gentlemen, only
touched very briefly on these matters which I believe to be of
interest to us all and in connection with which we must be
ready and willing to play our full part.
The Press withdrew and the meeting then went
into private session.
The Secretary read the minutes of the Ordinary
General Meeting of the Society, held on 24th Nov–
ember, 1960, which with the approval of the meeting
were signed by the chairman.
In accordance with Bye-Law 28
the President
appointed the following members to be the scrutin–
eers of the ballot for the election of the Council for
the year 1961-62 : John R. McC. Blakeney, Thomas
Jackson, Brendan P. McCormack, Alexander J.
McDonald and Roderick J. Tierney.
ACTING FOR BOTH PARTIES
MR. OVEREND, Vice-President, then opened a discussion on
the advisability of a statutory regulation which would prevent
solicitors from acting for both parties in sales and purchases
and any suggested exemptions or exceptions from such a
regulation, if made. Mr. Overend stated the position of the
Council in the matter. He said that the Council merely wished
to obtain the views of the general body of members and had
considered that the ordinary general meeting at which a
representative selection of members were present was a suit–
able opportunity of doing so. He outlined shortly the replies
received from Bar Associations to whom a circular had been
sent and then invited those present to express their views.
MR. J. R. HALPIN (Cavan) stated that he had been asked by
the Tipperary Bar Association to propose that the regulation
should be made. He said that a resolution to the same effect
had been defeated in County Cavan by a majority. There were
several aspects of the matter. First there was the question of
the public welfare and the danger of a conflict of interest and
insufficient investigation of title. Secondly there was the effect
of a widespread practice of acting for different parties on the
premiums charged by insurance companies on solicitors'
negligence indemnity policies. He felt that the recent steep
increase in premium was largely due to the heavy incidence of
claims for negligence resulting from this practice. Thirdly
there was the question of fee cutting. He stated that it was
impossible to check or secure the observance of the Pro–
fessional Practice Regulations against fee cutting where only
one solicitor is instructed.
Personally he was strongly in
favour of regulations which would prevent, either with or
without certain exceptions, solicitors from acting for several
parties in conveyancing matters. In counties where there was
such a rule it worked very well and solicitors in these counties
who had formerly opposed the making of regulations had
been converted but there must be a nationwide regulation.
Local rules were not sufficient. Dealing with one of the chief
arguments against making the regulations, viz. that certain
solicitors would have to send away old established clients who
might never return, Mr. Halpin stated that the rule would
work both ways. For every client that a solicitor might lose,
he was equally likely to gain one. Finally he was in favour of
the making of regulations because they would increase the
gross amount of costs received by the profession as a whole
He was prepared to support the proposed regulations although
he felt that if there is any risk of diversion of clients he might
be one of those who might suffer.
MR. AUGUSTUS CULLEN (Wicklow) stated that he spoke for
the Bar Associations in both Wicklow and Wexford. The
Wicklow meeting was opposed to the proposed regulations.
In Wexford a motion supporting the regulations was defeated
by 18 out of an attendance of 20 at the general meeting. He
felt that this matter should be left to the judgment and fore–
sight of individual solicitors.
In many cases in the country
the equity note has been discharged and in these cases no
difficult question of title can arise. Even where the equity
note is not discharged the vendor must supply sufficient title
to satisfy the registrar. Country and city cases were widely
different.
In some towns there might be only one solicitor.
How was it proposed that sales and purchases could be carried
on if one solicitor could not act for both parties in these towns?
He also instanced the difficulty of enforcing the regulations.
If exemptions were to be granted where was the line to be
drawn? There was also the case of the voluntary conveyance
from father to son in which the value of the property is small.
Finally he stated that he felt that the proposed regulations
would be unworkable and should not be made.
MR. THOMAS A. LYNCH (Clare) stated that he was personally
in favour of a statutory regulation. He stated that in County