117 / 324
Vol.
50
No. 2
JUNE,
1956
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President
DERMOT P. SHAW
Vice-Presidents
RALPH J. WALKER
GEORGE G. OVEREND
J
ccrttarjt
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
Meetings of the Council
MAY
IOTH :
The President in the Chair.
Also
present Messrs. R. J. Walker, G. G. Overend,
D. J. Mayne, H. St. J. Blake, A. Cox, D. J. Collins,
J. R. Quirke, J. J. Nash, F. J. Gearty, C. E. Callan,
John B. Jermyn, Peter E. O'Connell, J. P. Tyrrell,
J. J. O'Connor, P. F. O'Reilly, P. R. Boyd, J. J .Sheil,
W. J. Norman, T. A. O'Reilly, Niall Gaffney,
Joseph Barrett, C. J. Downing, R. McD. Taylor,
S. O'hUadhaigh, F. X. Burke, J. R. Halpin, R. J.
Nolan, G. A. Nolan, C. J. Daly, T. de Vere White,
Derrick M. Martin.
The following was among the business transacted :
Cattle Sales Company.
ON an enquiry of a member as to whether there
would be any professional objection to his acting
as secretary and director of a cattle sales company
the Council replied stating that there would be no
objection provided that no part of the business of
the company is conducted in the solicitor's office
or in a building having a common entrance with it.
.It was also stated that the company should have a
separate telephone and notepaper and that com
munications from the company should not describe
the secretary as a solicitor.
Agency with other solicitors.
A member acted for a client resident in Ireland
and instructed English solicitor to institute pro
ceedings in England on the client's behalf.
The
action was settled, the English solicitor taxed his
costs as between party and party and offered to pay
agency commission to member. Member proposed
to charge the client for attendances on and cor
respondence with the client and asked for the
Council's opinion as to :—
(«) whether he was obliged to pay to the client
the whole or any portion of the agency fees
allowed to him by
the English solicitor.
(b)
whether he may properly charge the client
in addition
for correspondence with or
attendances on the client in Ireland. Reference
was made to Cordery on Solicitors 4th edition
page 254 in which it is stated that a solicitor
..who is employed to buy or sell or otherwise
act as agent for a client and who obtains a
secret profit from the transaction from the
other party must according to well-known
principles account for it to the client.
j i