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publishers on the one hand and the Society, the Bar
Council, the judges and the Departments of Justice
and Finance on the other hand was approved by the
Council and it was resolved that the Secretary should
sign on behalf of the Society the draft memorandum
of agreement which was read to the meeting.
Solicitor's
liability
for medical
fee
for
report. Implied undertaking
A member acted for an injured workman who
proposed to bring an application against his former
employer under the Workmans' Compensation Acts.
Member wrote to a medical specialist stating as
follows :
"I act for the above in his claim under the
Workmans' Compensation Act against X for an
injury to his right eye and you operated on him and
have been treating him at the Eye and Ear Hospital.
In order to file his claim I require a medical report
setting out his ailments and his present and future
condition. Will you please send me such a report
at your convenience with a note of your fee which
I hope to provide for you on termination of the
proceedings."
A report was furnished by the
specialist from which it was clear that the application
would fail together with an account for £5
55.
Member replied stating that he had hoped to base
his claim under the Workmans' Compensation Acts
but in view of the report he did not propose to do so.
He further stated that he had no funds to discharge
the account. The specialist replied stating that the
report had been sent on the understanding that
member would be responsible for his fee and he
insisted that the amount be paid. The specialist raised
the matter with the Society and asked for a ruling to
transmit to his professional association of which he
was honorary secretary.
Member stated to the
Society that he had given no personal undertaking,
that he supplied the name and address of the client
when writing and stated clearly that he was acting
on behalf of the client. The Council on a report from
a committee were of the opinion
(a)
that there was
no personal undertaking and
(ft)
having regard to the
particular wording used by member in the cor
respondence with the specialist, "will you please
send me such a report at your convenience with a
note of your fee which I hope to provide for you on
termination of the proceedings," member should
assume personal responsibility for the fee.
The
committee reporting on the matter took the view
that member ought, unless he intended to accept
personal responsibility, to have made it clear that
he would not pay the fee except in the event of the
successful termination of the proceedings and to
that extent the committee thought that the specialist
may have been unintentionally misled.
Company nameplates outside solicitor's office
A member asked for the opinion of the Council
as to whether there would be any objection to his
having nameplates of the offices of the various
companies for which he acts as registrar at his
letterbox. He stated that several companies had
their registered office at his office and he pointed out
that correspondence addressed to these companies
frequently went astray as it was delivered into one
or other of the five other offices in the same building.
The Council on a report from a committee were of
opinion that no objection should be taken to the
course suggested.
PRESENTATION OF ADMISSION
PARCHMENTS
At a ceremony held in the Solicitors' Buildings
the President, Mr. Francis J. Lanigan, presented
Admission Parchments to newly admitted solicitors.
The President, addressing the gathering, said :—
I have great pleasure in being here today to present
certificates
of
enrollment
to newly
admitted
solicitors and on behalf of the Council of the
Incorporated Law Society of Ireland to welcome
them to the profession.
You have become Members of an old and honour
able profession and one with great traditions of
independence, integrity and service to the public.
I am glad to have the privilege of addressing you as
fellow lawyers and I do not think that in so doing
I can pay you any higher compliment. A solicitor
of today must be a lot more than an expounder of
our law, complex as it may be.
In your years of
practice you will find that you will tend to be guide,
philosopher and friend to your clients who will often
be called upon to advise on problems of a social and
personal nature.
A solicitor today, quite apart from the law, must
know something about practically everything and I
feel that the knowledge which you gain in general
practice will give you a greater insight into human
nature and assist you materially in advising clients
who seek your assistance.
To the layman the law is complex, its procedure
difficult and the problems that it raises are hard to
solve. We as lawyers recognize this to be so but
in a complex modern society it would appear in
evitable. This puts a responsibility on our profession
greater than it has ever been in the past and one which
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