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examiner
in
tort contract commercial
law and
practice and criminal law in place of Dr. Counahan
who has resigned. Mr. O'Connor was admitted
in Michaelmas term 1955 and he practises at 72
St. Stephen's Green, Dublin.
Solicitor instructed in proceedings in respect
of a claim for which there is no proper
legal basis
A member acted for a statutory body against a
member of the public for recoupment of part of the
expenses for rendering certain services to dependents
of the defendant. The amount sought was stated to
be just and reasonable and the defendant would
appear to be morally bound to pay it. Owing to
what appeared to be a matter of inadvertence in the
drafting of the relevant statutes the liability sought
to be enforced is not in fact imposed by the statute
on the defendant and member had to advise his
clients, therefore, that the claim was not legally
sound and that the defendant could raise a perfect
defence to it. Nevertheless the clients instructed
member to issue a civil bill and this was done. No
defence was entered and member was instructed to
mark judgment. His clients would have to swear
an affidavit of debt that the money was " actually
due and owing" and assuming that they were
prepared to swear this affidavit member enquired if
he was justified in filing it in the proper office.
Member believed that in so far as the affidavit of
debt purported to state that the money was legally
due it was in fact false.
The Council, on a report from a committee, were
of the opinion that the solicitor should not proceed
any further in the matter. Member could not be
a party to the filing of an affidavit which would use
the court machinery to cause an obvious miscarriage
of justice.
If, however, there was a scintilla of
argument in favour of the claim on legal grounds
member would not be obliged to act as a judge
a.gainst his own client and might file the affidavit.
If there is no scintilla of legal argument in favour of
the claim he should refuse to act further.
Application by a solicitor for a client's Land
Certificate in order to exercise a lien
for costs
A member acted for a defendant in an equity suit
in the Circuit Court which related to the title to
registered land. The court found in favour of the
plaintiff and a decree was given. On his client's
instructions member served a notice of appeal to
the High Court on circuit and when the time came
near for the hearing of the appeal he asked his
client to make a payment towards his costs as it was
felt that it would be necessary to brief senior counsel.
No reply was received by member to his letter and
he could not get any further instructions from his
client. The client did not appear at all at the sitting
of the High Court on circuit and was not represented
and as member was on record he appeared and
informed the court that he had no further instruc
tions. The High Court accordingly on the hearing
of the plaintiff's evidence confirmed the order of the
Circuit Court. Member has furnished to his client
a bill of costs in respect of the Circuit Court pro
ceedings and appeal but his request for payment has
been ignored. He stated that his retainer was never
actually withdrawn and he enquired if he would
be within his rights in applying on behalf of his
client for the land certificate (which has not yet been
issued) in respect of the lands which were the subject
matter of the action, presumably to exercise over it
his lien for costs. He would apply as solicitor for
the registered owner, his client.
The Council, on a report from a committee, were
of opinion that on the facts given by member his
client, although the registered owner, might not be
the full owner of the lands.
In the circumstances
member should not apply for the land certificate.
ORDINARY GENERAL MEETING
The General Meeting of the Society was held in
the Great Southern Hotel, Bundoran, on Saturday,
the 18th May, 1963. The President, Mr. Francis J.
Lanigan, took the chair. The notice convening the
meeting was taken as read and the minutes ot the
last meeting held on the 23rd November 1962 were
also taken as read.
Mr. J. O'Doherty, Chairman of the Bundoran
Urban District Council, and Mr. Gallagher, Vice-
President of the Donegal Solicitors' Association
welcomed the Society to Bundoran.
The President, speaking in reply, said :—
Mr. O'Doherty, Mr. Gallagher and members of the
Incorporated Law Society, I am very glad to rise to reply on
behalf of our members to the welcome extended to us by
your Mr. O'Doherty on behalf of the people of Bundoran in
your capacity as Chairman of the Bundoran Urban District
Council and by Mr. Gallagher as Vice-President of the Donegal
Solicitors' Association.
This is the third time that the half yearly meeting of the
Society has been held outside Dublin. As you will recollect
four years ago the first departure was to Killarney under the
presidency of Mr. John Halpin, two years ago the meeting was
held in Galway under the presidency of Mr. Ralph J. Walker.
Each of these ventures was an outstanding success and
encouraged our Council to leave the Capital again this year.
Having been to the south and west it is now only fitting that
a visit be paid to the most northern county in Ireland and I am
grateful to the members of the Donegal Solicitors' Association
who have done so much to ensure the success of this weekend
and to see to the comfort and enjoyment of those attending.
They have been tireless and painstaking in doing all the hard