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Valuation on the subject of the delay which occurs
in the assessment o f the value of land for death
duty purposes.
Costs o f Mortgage
O
n
a report from a Committee on the facts o f a
particular case, the Council expressed the opinion
that in a case in which a solicitor acted for the
purchaser o f a holding o f registered land, and also
acted for the same client in deducing title o f the
property to a building society, who advance the
whole or part o f the purchase money on the security
of a mortgage of property, the full scale costs in
connection with the mortgage were chargeable as
a matter o f law, in addition to the scale costs of
the purchase of the property, provided that the
work in relation to the mortgage specified in the
General Order had been substantially carried out.
It was decided to inform the member that the
practice o f the profession is to charge a reduced fee
for the work in connection with the mortgage pro
portionate to the services rendered.
Solicitor’s Privilege
A
M
ember
o f the Society, acting on the instruction
of a client, wrote to the owner o f a motor vehicle
claiming damages for injuries alleged to have been
sustained by the client in a road accident. The client
subsequently instructed the solicitor to take no
further action. The client was subsequently
prosecuted on a charge of attempting to obtain
money by false pretences, and it was part o f the
case for the prosecution that he was not, in fact,
involved in any accident. The solicitor received
a subpoena from the State to attend and to give
evidence before the District Justice. On a report
from a committee, the Council decided to advise
the member that if the State make a
prima
facie
case that the instructions given by the client
to the solicitor to write the letter were in furtherance
o f an intention to commit a fraud, such instructions
are not privileged, and the solicitor must disclose
his authority to write the letter, but should claim
privilege in respect o f other conversations with
the client.
Rights o f Solicitors paying lower licence duty
T
he
Council considered a report from a committee
on a query from a solicitor who pays the lower
rate o f licence duty as to whether he is entitled to
practise in Dublin Metropolitan District Court.
The Committee reported that, in their opinion,
such a solicitor is entitled to appear occasionally
in the Dublin Metropolitan Court and that if he
has not an office in Dublin (other than the office
of his registered Dublin agent) such occasional
appearances would not constitute practising or
carrying on business in the city o f Dublin. The
Committee reported that the determination of
this question is a matter for the justice, but that,
in their opinion, the question should not be raised
by a Dublin solicitor against a country solicitor.
The report o f the Committee was adopted.
N
ovember
24, 1949. The President in the chair.
Also present: Messrs. Joseph P. Tyrrell, V .P .;
Arthur Cox, Desmond J. Mayne, James J. O’Connor,
Thomas A. O’Reilly, Dermot P. Shaw, W. S. Hayes,
John J. Nash, Gerald J. O’Donnell, John R. Halpin,
Alexander S. Merrick, W. S. Huggard, William
J. Norman, G. A. Overend, John P. Carrigan,
James R. Quirke, Daniel OTJonnell, N. S. Gaffney,
D. R. Counahan, Sean O hUadhaigh, John J.
Bolger, L. E . O’Deaghaidh, Patrick F. O’Reilly.
The following was among the business
transacted :
Applications under Sections 16 and 18
A
n
application by a law clerk for liberty to
be
bound for three years only, under Section 16,
was granted.
The Council also considered an
application from the same clerk under Section 18,
to the Chief Justice, for exemption from the
Preliminary Examination, and decided not to
oppose it.
Solicitors to local authorities
T
he
Council considered a report from the
Legislation and Privileges Committee on the salary
offered for the whole time position o f law agent
to a local authority. A deputation was appointed
to seek an interview with the Minister for Local
Government on the subject, with particular reference
to the recently advertised position o f law agent
to the Cork County Council.
D
ecember
2, 1949. The President in the chair.
Also present:
The following was among the business
transacted :—
Extraordinary members o f the Council
T
he
Secretary read a letter from the Incorporated
Law Society of Northern Ireland appointing Messrs.
Alexander S. Merrick, Ralph Neilson, George
Murnaghan, Charles MacLaughlin, James C. Taylor,
as the extraordinary members on the Council from
the Incorporated Law Society o f Northern Ireland.
The nomination was adopted.