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commission scale fees in respect of the purchase
and in respect of the mortgage provided that the
work specified in the general orders is substantially
carried out, but that it is not unprofessional to make
a concession in the charges having regard to the
duplication of work provided that it is not done
for the purpose of attracting business.
Commission on the Courts
It was decided that a memorandum would be
submitted to the Commission on the Courts on the
lines of the general memorandum
to various
Government Departments some years ago, and that
the memorandum should include the following
proposals :—
1. It should be possible to file pleadings in the
High Court during the vacation periods.
2. The Probate and other offices in the High
Court should be open during normal office hours
during vacations instead of closing at 2 p.m. as at
present.
Probate Office free grants
The Council on a report from the Committee
considered the question of delays in the Probate
Office in conjunction with the free grant facilities
given to the public without any limit as to the
amount of the estate. It was decided that representa
tions should be made to the Minister for Justice.
Publication of judicial statistics
It was decided that the Department of Justice
should be requested to resume the publication of the
judicial statistics which was discontinued in 1938.
Payment of deposit to auctioneers
It was reported to the Council that an auctioneer
had altered conditions of sale prepared by solicitors
to provide that the deposit should be paid to the
auctioneer and had the conditions signed in that
form.
The Society also received reports of difficulties
which arise where deposits are received by auction
eers and advances are made by the auctioneers to
the vendor from the deposit.
In some cases
auctioneers claimed the right to deduct shop debts
from deposits received by them. It was decided that
these matters should be taken up with the Irish
Auctioneers, and Estates Agents, Association.
Advertisements by solicitors
The Irish Auctioneers, and Estate Agents, Associa
tion drew the attention of the Council to a number
of advertisements to the sale of property published
over solicitors' names which they submitted were in
contravention of the agreed statement published by
the Society in the GAZETTE, February, 1958. It was
decided that this matter be included in the agenda
for a meeting in the near future with the Auctioneers'
Association.
Road widening schemes
Members drew the attention of the Society to a
case in which the owner of land gave permission to
a local authority to enter on the land for the purpose
of road widening and accepted compensation at an
agreed figure without consulting a solicitor. The
document was prepared by a county engineer. The
local authority subsequently refused to pay the
agreed compensation because of alleged difficulties
of title but the document signed contained no
provision for furnishing of title or transfer of the
lands and was merely a licence to enter.
Two
questions arose (i) whether the preparation of the
document was in contravention of the Solicitors
Act, 1954, Section 58; (2) whether any action is
practicable in the interests of the public and the
profession to prevent local authorities from obtaining
the signatures of owners of documents of this kind
without legal advice.
It was decided to take the
matter up with the Minister for the Department of
Local Government.
Medical
reports
Members drew the attention of the Council to a
case in which a medical practitioner in the whole-
time service of a Health Authority refused to furnish
a report or to give evidence in proceedings brought
by the patient arising out of an accident for which
he was being treated. No question of the medical
practitioner's fee arose as the solicitor was willing
to give an unqualified undertaking. It was decided
to take the matter up with the Irish Medical
Association.
Dishonest defence
A member requested the guidance of the Council
as to his professional duty. He acted for a client who
owed a considerable sum for debts and instructed
member not to give any undertaking for payment
but to enter an appearance and defence to any
process issued. Member is satisfied that all the
debts are fairly due and that there is no defence
and that the client intends to sell up and abscond.
The Council advised member that he should inform
the client that he would enter an appearance but
would not enter a defence to any civil process
issued.