289 / 328
Medical reports
The Council considered a report from a com
mittee on a case in which a medical practitioner,
who is a surgeon on the staff of a Health Authority
hospital, refused to furnish medical reports on the
condition of a patient in the hospital which were
required for the purpose of proceedings.
No
question of the surgeon's fee arose and no reason
could be ascertained for his refusal to co-operate.
As he is not a member of the I.M.A. that body
could take no action in the matter.
Member was advised to consider bringing the
matter before the Medical Registration Council and
if advised, taking the matter up with the Minister
for Health insofar as the functions of the Health
Authority are within
the competence of his
Department.
Bank executor-trustee department
On a report from a committee the Council decided
to take up with two banks the question of the
proper procedure as regards wills deposited with
the executor and trustee department for safe custody.
In the cases concerned it was stated that closed
envelopes containing wills deposited by solicitors
had been opened by the executor and trustee
departments without consultation with the solicitors
concerned.
Change of solicitor—Procedure
Member stated that he had received a notice from
three clients instructing him to hand over docu
ments to the same solicitor and he asked whether
he might write to the clients concerned for an
explanation before handing over the document.
The Council on a report from a committee stated
that member was entitled to write to the clients
asking for verification of the instructions to hand
over the documents but not further or otherwise.
Conflict of interest
Members acted for S. the owner of the freehold
and G. the lessee in 1960 on the purchase of the
freehold reversion of a lease under which G. paid
a yearly rent of j/-.
In 1963 proceedings were
instituted by G. against H. in relation to a right of
way claimed by H. over the property of G. the
subject of the transaction in 1960. The solicitors
who acted for G. in 1958 were instructed by H. in
the present proceedings. G. objected to her former
solicitors acting for H. alleging a conflict of interest.
The Council on a report from a committee stated
that if the right of way was not involved in the
purchase of the freehold reversion in 1958 no
conflict of interest appeared in the present matter,
and the solicitors would now be entitled to act for
H. in the pending proceedings.
Registration of Title Bill, 1963
The Council approved of a memorandum to the
Minister for Justice on various aspects of the Bill.
Solicitors' remuneration
The Council decided to make an application to
the various committees for an increase of iz|%
to be added as a percentage to solicitors' bills of
costs in all matters not included in the commission
scale fees.
High Court costs
The President of the High Court issued a direction
sometime ago that in ward of court matters pending
on ist January, 1963, the scale of costs in appendix W
of the Rules of the Superior Courts,
i<)6z,
is to
apply to business transacted on or after that date.
A similar direction has also been given in bank
ruptcy matters. The Council decided to make an
application to the President of the High Court for
a similar direction in regard to matters in the
Examiner's office.
BOOK-KEEPING FOR SOLICITORS'
OFFICES
Hand-written carbon copy ledger posting
It is very rare, nowadays, to come across a
solicitor's office where no up-to-date aids to efficiency
are in use. However, the facts show that, while
modern machines and equipment have replaced quill
pens and paraffin lamps, there has been very little
mechanisation or modernisation in the cash office
Many solicitors are probably aware of the need
to modernise
their accounting procedures but
hesitate to do anything about it because they feel
that mechanisation will prove expensive. However,
many hand-written procedures are, even today,
highly efficient and, if properly designed, will not
necessarily involve expensive equipment, but will
include the majority of the benefits of mechanised
systems.
Much can be done to ease the pressure on a
cashier, but first it is necessary to ascertain how much
of his work can be simplified or eliminated without
having an adverse effect on the result. Once this
has been done, a system can be designed which will
ensure that all the necessary operations are carried
out quickly and easily and which may, if required,
increase the amount of information available, without
increasing the work load.
The old, well tried and trusted methods are
undoubtedly sound in principle but are now breaking