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The Gazette of the Incorporated Law Society of Ireland.
[.DECEMBER, 1910
at an understanding as to the fees payable
on briefs to Irish Counsel appearing in Irish
Appeals to the House of Lords.
The suggested conference took place in the
month of June last, when those representing
the General Council of the Bar put forward
the view that there should be no departure
from the practice that the fees
in such
Appeals for Irish Counsel should be one
hundred guineas on the brief of Senior and
fifty guineas on the brief of Junior Counsel.
The representatives of the Council of this
Society urged that it was not desirable to
have a definite practice to govern all cases,
as such a sterotyped practice as suggested
by those representing the Bar might be
injurious to the interests of Irish Counsel,
and if followed always by Irish Solicitors
might entail considerable loss to them.
Subsequent to this conference the following
resolution was received and correspondence
passed :—
RESOLUTION OF GENERAL COUNCIL OF BAR
OF IRELAND:
9th June, 1910.
The Council of the Bar of Ireland is of
opinion that, except in cases originating in
inferior Courts (as to which there does not
appear to be any settled practice), the practice
of the Irish Bar has been, and is, that in
Appeals to the House of Lords from the
Court of Appeal in Ireland the minimum
fees for Counsel are, in the case of Senior
Counsel £105, and in the case of Junior
Counsel £52 10s. Od.
Law Library,
18th June, 1910.
DEAR MR. WAKELY.—In enclosing above
Resolution, I am directed by the Bar Council
to explain that after making exhaustive
enquiries they find that the minimum fees
paid to Irish Counsel have always been as
stated. The Bar Council do not consider
that the amount of the fees which may be
accepted by Counsel of the English Bar can
be deemed to affect
the question.
The
tribunal is an Imperial tribunal, and parties
are at liberty to employ English Counsel if
they so desire ; but it has not been found in
the past that the fees mentioned are in any
way excessive or deterrent to the employ
ment of Irish Counsel. The fees mentioned
are not in fact particularly remunerative,
having regard to the expense incurred and
to the delay and loss of time, and the fees
cannot be considered solely from the point of
view of what English Counsel might be ready
to accept, as it will be conceded at once that
Counsel practising in Ireland could not in
that respect enter into competition with
Counsel residing in London. The fees as
stated by the Council have been the accepted
and recognised fees as far back as the Council
have been able
to
investigate, and they
consider that it is
in the interest of all
parties that the well understood fees should
continue, and that in fact it would not be
fair to ask Irish Counsel
to accept any
smaller fees. •
Unless there was some rule on
the subject pressure would be put on Counsel
who had been engaged in a case not to
abandon it in the House of Lords although
wholly inadequate fees were offered, and the
Council consider that the minimum of £105
and £52 10s. Od. is very reasonable.
Yours truly,
(Signed), HENRY HANNA,
Hon. Sec., Council of the Bar of
Ireland.
W. G. Wakely, Esq.,
Secretary, Incorporated Law Society,
Four Courts.
Incorporated Law Society of Ireland,
Solicitors' Buildings.
Four Courts, 30th June, 1910.
DEAR SIR.—The Council of this Society
have at present under consideration
the
matter of the fees payable to Irish Counsel in
Appeals from Ireland to the House of Lords.
The disallowance on taxation of portion of
the fees paid by Irish Solicitors to their
Counsel on briefs in such Appeals has given
rise to the consideration of this matter.
An
interview has taken place between
representatives of the Bar Council of Ireland
and the Council of this Society, and sub
sequently the Bar Council passed upon the
9th instant a resolution, o( which I enclose
a
copy,
and
that resolution was
com
municated to me by letter of the Hon.
Secretary of the Bar Council of the 18th
instant, of which I also enclose a copy.
I am directed by the Council of this Society
to request you to be so gocd as to inform me