108 / 324
covered the question of liability for fees of other
experts such as engineers and actuaries. The Council
considered the matter from two aspects,
vi^. (a)
the
solicitor's legal liability if any,
(b)
the solicitor's
obligation as a matter of professional conduct and
etiquette apart from the question of legal liability.
As regards (#) counsel stated that, apart from any
expressed or implied undertaking, a solicitor is
not legally liable for fees of medical witnesses for
treatment, or medical reports or fees for attending
court or for fees of other expert witnesses for reports
and attending court where the solicitor acts as
agent for a disclosed principal—the client.
A
special case may arise where the money received
by the solicitor is paid to him as a result of an agreed
settlement of the client's claim.
In such case the
defendant occasionally requires an undertaking by
the solicitor that the statutory liability imposed
upon the defendant under Section 174 of the Road
Traffic Act, 1933 will be discharged out of the
settlement monies, but this is only one instance of
the rule that a solicitor must carry out an under
taking given expressly or by implication. As regards
(b)
the Council decided that the solicitor's liability
as a matter of professions 1
etiquette should DC
co-extensive with his legal liability, although a
solicitor may voluntarily accept wider obligations
towards witnesses.
In this connection reference
was made to the Council's statement published in
the Society's
Gazette
for November 1954, page 39,
on the question of payment of medical hospital and
other expenses. The Council there stated that in
any case in which damages are assessed and paid
on the basis of specific claims for hospital, medical
or other professional fees ;/
is not unprofessional
for
the solicitor for a successful claimant to pay these
expenses
at his own risk as to legal liability towards the
client if the claim is disputed.
The Council in that statement merely expressed
an opinion on the question of professional practice
and etiquette and expressed no view on the
legal
question of civil liability towards the client. The
question put to Counsel and extracts from his
opinion will be issued to members with the
Gazette
at an early date.
Debt Collecting Agencies.
Fees payable to
solicitors.
THE Council expressed the opinion that the minimum
fee for enquiries on behalf of a trade protection
association should be
£i
is. It was decided to inform
members and also the agencies carrying on business
in Ireland.
Workmen's Compensation Commission.
MESSRS. T. A. O'Reilly and J. J. Nash of the Council
with Messrs. C. A. Boyle and E. O. Knapp were
asked to form a sub-committee to consider reports
from Bar Associatioas and draw up a memorandum
for the Commission.
ORDINARY GENERAL MEETING.
A GENERAL MEETING of the Society was held in
the Society's Library on Thursday, loth May, 1956.
The President Mr. Dermot P. Shaw in the Chair-
The following members of the Society signed their
names as being present: Ralph J. Walker, Vice.
President; George G. Overend, Vice-President;
Henry St. J. Blake, Patrick R. Boyd, Francis X.
Burke, Desmond J. Collins, Arthur Cox, Charles
J. Downing, Niall S. Gaffhey, Francis J. Gearty,
John R. Halpin, Desmond J. Mayne, John J. Nash,
William J. Norman, Peter E. O'Connell, James J.
O'Connor, Scan O hUadhaigh, Patrick F. O'ReiUy,
Thomas A. O'ReiUy, James R. Quirke, John J.
Shell, Robert Mc.D. Taylor, Joseph P. Tyrrell,
Terence de Vere White, Derrick M. Martin,
Reginald J. Nolan, Christopher E. Callan, John
B. Jermyn. T. Desmond McLaughlin, Richard J.
McDonnell, Brendan J. Wallace, John Maher,
Kevin Burke, David R. Pigot, James J. Hickey,
David R. Pigot (Junr.), Desmond Moran, Hyman
Tarlo, John J. Kennedy, Gabriel F. Haughton.
The notice convening the meeting was by per
mission taken as read. The Minutes of the Ordinary
General Meeting held on 24th November, 1955 were
read confirmed and signed by the Chairman. The
Chairman
announced
that he
nominated
the
following members of the Society to act as scrutineers
of the ballot for election of the council to be held
on i5th November, 1956 :—John R. McC. Blakeney,
James R. Green, Thomas Jackson, Brendan P.
McCormack, Roderick J. Tierney.
The President addressing the meeting said :—
Obituary.
SINCE the last General Meeting of the Society in
November, 1955, we have with regret to record
the deaths of our members : Robert Hayes (Dublin),
Samuel G. Rutherford (Dublin), John L. Keane
(Youghal), Mark F. Conroy
(Galway), H. V.
Bantry White (Dublin), Ignatius J. Rice (Dublin),
Jerome J. Ronayne (Midleton), Francis Devine
(Dublin), Joseph P. Walsh (former Secretary of
the Department of External Affairs, and one time
Ambassador
to
the Holy See),
James Harte
(Kilkenny), Louis A. Meldon (Dublin), David
Fleming (Charleville), John J. Walsh (Drogheda),
John L. Kealy (Drogheda).
To their relatives and friends, I would express
our sincere sympathy. I must also refer to the loss
we have sustained by the tragic death of Colonel
Blair Mayne, Secretary of the Northern Ireland