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problem would be well advised to have Counsel's
opinion as many different situations can arise.
USE
OF GUARANTEED CHEQUES FOR
CLOSING
SALES
A member wrote to the Society with reference to
the practice of making payment of purchase money
by means of certified or guaranteed cheques against
documents of title when closing sales and stated that
he thought it likely that a bank could not be held
liable in the event of the cheque being dishonoured.
If this is the case the solicitor who accepted the
guaranteed cheque might possibly be held to have
been negligent in so doing in spite of the fact that it
is the usual practice. It is understood that in England
guaranteed cheques will not be accepted on the
closing of a sale. Bankers' drafts are used instead.
Apparently the custom of marking cheques is one
which has grown up among bankers themselves for
the purpose of clearance, by which they become
bound to one another.
It seems, however, that it
does not give the holder of the cheque any right
against the banker who has marked it.
This question was the subject of a notice published
in the January 1948 issue of the GAZETTE which
contains quotations from several standard works on
banking law bearing out this contention.
The
Council on a report from a committee were of
opinion that as the contention already referred to
appears to be correct, guaranteed or certified cheques
should not, therefore, strictly speaking, be accepted
by a solicitor when accepting a payment against
title documents on the closing of a sale or similar
transaction.
INTERNATIONAL BAR
ASSOCIATION
NINTH INTERNATIONAL
CONFERENCE
Members have been reminded by the notice appearing in
the December issue that the above conference is to be held
in Edinburgh, from July i6th to July zoth. It is understood
that plans have been completed and preparations are in progress
for the working sections of the conference. The following
topics have been listed for discussion :—
1. The essential requirements for a national Legal Aid and
Advice Plan, and the practical possibilities of establishing
such a plan, or part of it, in the various countries.
2. Draft convention on international judicial co-operation.
3. Protection of the individual against the public admin
istration :
(a) Comparison of substantive administrative law, of the
manner in which
the activity of administrative
agencies is regulated by law and of the possibilities for
the individual to bring court action against an agency
for violating his rights in a specific case.
(b)
The attorney's duty to protect the interests of his
clients against demands by fiscal and other govern
mental authorities for the disclosure of information.
4. Procedure for the protection of investments abroad..
5. Organisation of a lawyer's office.
6. Monopolies and Restrictive Trade practices.
7. The organisation of the business of the courts.
(The
courts as a public service ; the scope of the business of
the courts ; day-to-day routine.)
8. The form and legal effect of wills made by the same person
in different countries.
9. Explaining to the public the services of the legal pro
fession.
(«) Methods of bringing to the public notice the ad
vantages of a lawyer's services, e.g., via books,
pamphlets, speaking programmes, radio and tele
vision, institutional advertising ; and the individual
lawyer's duty to explain matters which may lead to
adverse criticism of the profession.
(b)
Explaining the basis for lawyer's fees.
(c)
Explaining the security of clients' moneys ;
i.e.,
fidelity, guarantee or compensation funds.
Further details, together with registration forms and hotel
reservation forms (for those wishing to attend) may be had
on request from the Secretary, The Law Society of Scotland,
Law Society's Hall, North Bank Street, Edinburgh.
For
those who wish to attend the Conference early registration is
advisable as there will be a heavy demand on hotel accommoda
tion
The Registration Fee to attend the Conference will be
plus £5 IDS. od. for each guest if paid before May iyth
ut will be higher if paid after that date.
COURTS (SUPPLEMENTAL)
PROVISIONS ACT, 1961
Qualifications for appointment as Circuit
Court Judges
Members will already be aware that a proposal
was introduced to amend section 17 of the above
Act when it was in the committee stage in Dail
Eireann, the effect of which would have been to
make solicitors eligible for appointment as Circuit
Court judges on an equal footing with members of
the Bar.
(See report of the Council, 1960/61, page
32.)
The amendment was not accepted and the
result, is that the exclusive right of the Bar to these
appointments has been preserved.
The amendment was introduced in the Dail by
Mr. Lionel Booth, who pointed out that as the
solicitors had a right of audience in the Circuit Court
and as many of them had built up substantial Circuit
Court practices there should be an enabling provision
in the Act which would enable the Government if
they found a suitable solicitor with suitable qualifica
tions to appoint him to the Circuit Court bench.
Mr. Haughey, then Parliamentary Secretary to the
Minister for Justice, in opposing Mr. Booth's
proposal, made the point that the Bar's long-standing
right in this matter was a matter of tradition and
that the Government did not wish to break with
tradition. He stated that representations on this