The Gazette 1961

McCarron, Rory O'Connor, Richard Knight,

Thomas A. O'Reilly, Raymond A. French.

The following was among the business transacted :

Arbitration for professional employees

The Secretary reported on a meeting of salaried

solicitors held in connection with a draft scheme for

conciliation and arbitration for

local authority

officers (which would apply to solicitors in the

employment of local authorities) submitted by the

County Managers Association. The Council directed

that the Society should join as a signatory with the

Irish Medical Association

and

the Engineers

Association in applying to the appropriate Ministers

for legislation to set up machinery available to

professional men in local authority and similar

service for arbitration as

their salaries and

conditions of employment.

Mr. Brendan A.

McGrath was authorised to attend a meeting of the

various professional bodies and to state that the

Society would support the proposed application.

Legal Aid

The Secretary reported that a letter had been

written to the Department of Justice requesting

that a deputation be received from the Society on

the regulations and scales of costs to be made under

the Criminal Justice Legal Aid Bill, 1961.

It was

decided that the Bar Council should be requested

to exchange information with the Society and to

send a joint deputation to the Minister.

The

President with Messrs. Rory O'Connor and Herman

Good were appointed as the Society's deputation.

Press notices advertising sale of property

The Council, on a report from a committee, made

the following recommendation for the guidance of

members :—

In publishing any advertisement for the sale

of house property, members are recommended to

confine themselves to the essential details such as

the situation, accommodation, tenure and rateable

valuation of property, and to avoid the use of

colourful phrases describing the location or some

special feature of the property, as employed by

auctioneers in their advertisements.

The above recommendation applies to cases where

property is advertised over the name of a solicitor

without an auctioneer.

Circuit Court. Counsel's fees on successful

defence in defamation action

Members acted for a defendant in a slander

action in the Circuit Court. The plaintiff sued for

£600 and obtained a decree of £75. Counsel for

the defendant marked his brief for the hearing at

£14 145. od. and this was apparently based on the

Circuit Court Rules, 1954, which provide a brief

fee of £14 145. od. where the amount claimed

exceeds £500. Members stated to the Society that

they thought that this was meant to cover only the

defendant's party and party costs where the defendant

was successful and that it was not a basis upon

which a solicitor and client bill should be drawn

having regard to the fact that in cases such as this

the plaintiff invariably sues for the entire amount

of the jurisdiction of the court. Members further

pointed out that the fee on the brief for the plaintiff's

counsel on taxation of the party and party bill

would be £5 55. od.

The Council on a report from a committee were

of opinion that the fixing of counsel's fees is a matter

for the instructing solicitor and counsel and that

on the facts stated counsel was not necessarily

restricted as against the client to the fee which would

be allowed as between party and party on the amount

of the decree.

DISCIPLINARY COMMITTEE

The President of the High Court has appointed

Mr. George A. Nolan to be a member of the

Disciplinary Committee.

DISABILITY BENEFIT AND WORKMENS'

COMPENSATION ACTS PAYMENTS

A member has written to this Society drawing

attention to the rights of a workman who is entitled

to compensation under the Workmen's Compensa

tion Acts in relation to the disability benefit payable

under the Social Welfare Acts.

Some members

may not be aware that where an injured workman

is entitled to disability benefit he can claim the

difference, if any, between such benefit and the

amount of his weekly allowance for workman's

compensation. The benefit so paid is not refundable.

Where,

therefore,

the workman

entitled

disability benefit at a rate exceeding the amount to

which he is entitled under the Workmen's Compensa

tion Acts as, for example, a married man with three

or more children, it would be worth his while to

make a claim for the amount by which the disability

benefit to which he is entitled is in excess of the

workman's compensation allowance. Such a person

is, in fact, entitled to disability benefit at a rate

exceeding

the maximum

allowance under

the

Workmen's Compensation Acts. The

rate

disability benefit is as follows :—

Workman himself

...

Wife

...

First child under 1 6 years

S-

"•

117

150

Second child under 16 years ...

...

Each additional child under 1 6 years ...

total

£4 16