128 / 244
for the granting o f a lease, the lessee is not entitled
to investigate the lessors’ title. I f the lessor agrees
to furnish title he is entitled to insist that the lessee
shall pay the costs under Schedule 2. On the
making of a lease in consideration o f a fine as well as
a rent where the transaction is, in effect, a sale, the
ordinary practice o f the profession is to provide in
the contract that title will be furnished in the ordinary
way without extra charge ; (,
b
) .the lessors’ costs in
connection with the usual certificate o f compliance
with the building covenant are payable by the lessee.
Documents drawn or settled by counsel.
Solicitors’ costs
A
M
ember
enquired whether a solicitor who
instructs Counsel is entitled to charge the usual
items in his costs for drawing a pleading or other
document, which is, in point of fact, drawn entirely
by counsel and returned to the solicitor for approval
and engrossment. In the opinion o f the Council,
where it is necessary or proper to employ counsel,
the real question for decision is not whether the
solicitor’s charges for drawing the document should
be allowed or disallowed, but whether the whole
or part o f the fee paid to counsel is chargeable by
the solicitor against the client in addition to the
solicitor’s charges. The solicitor’s obligation to
the client is either to draw the document himself or
to have it drawn by some other duly qualified and
competent person, and he accepts legal responsi
bility for the document whether it is drawn by
himself or another. It was decided by the High
Court in re E . W. K ing & Co. Ltd. (1944,
1
.R. 455),
that the client’s liability for the fee paid to counsel
in addition to the solicitor’s charges for drawing the
memorandum and articles o f a company was not
affected by the fact that counsel at his own request
drew the documents without the assistance of a
draft prepared by the solicitor. In the opinion of
the Council the liability of the client is the same
whether the document is drafted by the solicitor
and submitted to counsel, or drafted by counsel
and submitted to the solicitor, and the whole
amount o f counsel’s fee is chargeable against the
client unless it is a special fee, in which case other
considerations may arise.
Memorandum and Articles o f Association pre
pared by accountants
A
M
ember
reported that he had been requested by
an accountant to make the declaration of compliance
with the statutory requirements o f Section 17 (2)
of the Companies (Consolidation) Act, 1908. The
memorandum and articles had been prepared by the
accountants and the solicitor was not engaged in the
formation o f the company. It was ordered that the
member should be informed that a solicitor is not
entitled to make this declaration unless he is engaged
in the formation o f the company.
PROCEEDINGS
AGAINST SOLICITORS
P
ursuant
to an order of the Chief Justice dated
26th January, 1951, the name o f Louis Gillie, who
formerly practised at Virginia, Co. Cavan, has been
struck off the Roll o f Solicitors following his con
viction on a criminal charge.
Pursuant to an order o f the Chief Justice dated
26th January, 1951, made on a report from the
Statutory Committee, Mr. Michael J. K . Dore,
who practised at Newcastle West, Co. Limerick,
has been suspended from practice until further
order o f the Court.
PROCEEDINGS OF THE
OIREACHTAS
To the Minister for Finance.
Q
uestion
: To ask the Minister for Finance if he will state
the amounts collected by the Revenue Commissioners during
the period 31st March, 1925, to 31st March, 1950, in stamp
duties on (a) indentures of apprentices to solicitors ; (
b)
forms
of admission to the roll of solicitors; and
(c)
annual licences
of solicitors.
—Peadar Cowan.
For answer not before Wednesday, 14th February, 1951.
A
nswer
: The aggregate amounts of stamp duty paid
during the period from the 31st March, 1925, to the 31st
March, 1950, on Articles,, of Clerkship to solicitors and on
Annual Certificates taken out by solicitors were £ 1 18,400
and £203,997, respectively.
It is estimated that during the same period, stamp duty
amounting to £32,600 was paid on instruments of Admission
as a Solicitor.
LEGAL DECISIONS AFFECTING
THE PROFESSION
Clarkv. UlsterBank, Ltd.
(1950),N.
1
. 132: A solicitor
has an account with the Ulster Bank. In 1941 he
opened a No. 2 account for the purpose of banking
clients’ moneys, but he did not state this purpose to
the bank at the time. In July, 1944, the solicitor’s per
sonal account was in debit to the amount o f £12,953,
while the No. 2 account stood in credit to the amount
of £12,624. The bank accordingly claimed that it was
entitled to set off the amount for which the personal
account was in debit against the amount which the
No. 2 account was in credit. The solicitor sought a
declaration against the bank on the grounds (i) that
it was a term o f the contract between himself and
the bank that the bank would honour cheques drawn
on No. 2 account while it was in credit; (ii) that the