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complaints received from
the Tipperary Bar
Association that the Department of Defence had,
in a number of cases, approached clients of solici
tors and negotiated settlements in cases where the
solicitor had been in touch with the Department
in connection with claims for compensation in
respect of property occupied by the Defence
Forces. The Department had stated in correspond
ence that it was not the normal practice of the
Department to approach clients directly where
solicitors had been in touch with the Department
on their behalf. It was admitted that in a number
of cases the clients had been so approached after
solicitors had written to the Department on their
behalf. Having considered the correspondence,
the Council was of opinion that the reasons given
for the action of officials of the Department in
approaching the clients in the particular cases
mentioned were unsatisfactory, and the Secretary
was directed to write to the Department express
ing the views of the Council, and their opinion
that in no case where a solicitor is employed
should Government officials approach clients,
otherwise than through their solicitors, and their
hope that the Minister would see his way to issue
a direction to this effect.
Seanad Electoral (Panel Members) (Bye-Election)
Act, 1940.
THE Secretary reported that he had received a
letter from the Seanad Returning Officer request
ing information as to whether there was any
change in the representatives of the Council on
the nominating Committee for the Cultural and
Educational Panel in pursuance of the Seanad
Electoral (Panel Members) (Bye Election) Act,
1940. The functions of the nominating committee
are to prepare lists of nominees for Bye-elections
to Seanad Eireann in the event of casual vacancies,
from which the Taoiseach selects the persons to
fill such vacancies pursuant to Section 17 of the
Act. The Secretary was directed to inform the
Seanad Returning Officer
that the Society's
representatives on the nominating committee are
Messrs. C. G. Stapleton, H. P. Mayne and T. G.
Quirke.
Decision of Council.
THE Council considered a question submitted for
its opinion by two firms of solicitors, arising out
of conditions of sale which contained a clause
stating that no document other than a plain copy of
a grant of administration of a deceased registered
owner and a plain copy of the folio of the lands
would be given to the purchaser; that the pur
chaser should assume that all death duties pay
able in respect of the lands on the death of the
registered owner had been duly paid ; and that
the purchaser should not require evidence of
payment of Schedule A Income Tax on the lands.
The Council declined to express any opinion on
the construction of the contract as a matter of
law, but expressed the opinion that as a matter
of fair dealing between the vendor and purchaser
and professional usage between their respective
solicitors :—
1. The vendor should agree to hand over the
office certified copy of the Land Registry
folio if it comprised only the lands the
subject of the contract.
2. The vendor should furnish to the purchaser
evidence to prove the discharge of all duties
payable on the death of any person appear
ing on the title, who died within twelve
years prior to the date of the contract.
3. The vendor should furnish, free of expense
to the purchaser, a certificate of discharge
of Income Tax under Section 6 of the Fin
ance Act, 1928.
CURRENT TOPICS.
Costs for Documents drawn by Counsel.
SEVERAL
important cases on points affecting
solicitors' costs have recently been decided by the
Courts, in both cases to the advantage of the
profession. In the first case entitled In re King
and Co. but not yet reported,
the solicitor
acting for the promoters of a limited liability
company had received instructions to prepare the
memorandum and articles of association of the
intended company. He had consulted Counsel
in connection with
the matter, and having
learned that Counsel would prefer to prepare his
own draft of the articles and memorandum
rather than revise and amend a draft submitted
by the solicitor, he had merely sent Counsel the
instructions to prepare the drafts with copies of
the necessary documents. Counsel, with the aid
of the instructions and documents, sent to him
had prepared the complete articles and memoran
dum of association and in due course the company
was incorporated. On the taxation of the solicitor
and client costs in connection with the formation
of the company the solicitors nominated to oppose
the bill raised an objection to the allowance of a
substantial fee claimed in the bill for drawing the
memorandum and articles of association. On
being asked by the Taxing Master, the solicitor
who had acted for the company admitted that he
had not drafted the document himself and had
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