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(a)
the complexity, importance, difficulty, rarity
or urgency of the questions raised.
(b)
where money or property is involved its
amount or value.
(c)
the importance of the matter to the client.
(d)
the skill, labour, specialised knowledge and
responsibility involved therein on the part of
the solicitor.
(e)
the number and importance of the documents
perused.
(/) the place where and the circumstances in which
the business or any part thereof is transacted.
(g) the time expended by the solicitor and his
staff and the expenses incidental thereto.
It was decided that the necessary memorandum in
support of the application should be drawn up for
submission to the statutory committee appointed
under the Act.
Solicitor's fee for attending on High Court
proceedings
either as
solicitor
or
as
witness.
MR. WALKER, one of the Society's representatives
on the Superior Courts Rules Committee, reported
that a solicitor's fee per diem for attending at
trial of an action in the High Court will be £7
js.,
instead of the amount of £5 55., heretofore allowed.
The Committee have made a rule providing that
.where a solicitor attends court in a professional
capacity to give evidence a fee of £7
js.
per diem
should be allowed both in bankruptcy and in
other divisions of the High Court but that in
bankruptcy the fee must be in the discretion of
the judge having regard to the amount of the
assets. The rule has been submitted for the con
currence of the Minister for Justice.
Letting Agreements drawn by unqualified
persons.
A BAR ASSOCIATION wrote referring to the practice
of certain auctioneers of using printed forms of
letting agreement, stated to be inadequate and not
affording proper protection to the parties concerned.
-The auctioneers in question receive no special fee
for drawing the agreements but get commission
in letting the property. Members wish to know
whether any action could be taken. On a report
from a Committee the Council decided to refer the
Association to the decided cases Plunkett
v.
O'Dwyer
(Society's
Gazette,
July 1951), and Plunkett
v.
Walshe (Society's
Gazette,
April 1953), in which it
was held that the preparation of such documents
by unqualified persons is illegal where there is an
expectation of direct or
indirect remuneration,
e.g., commission on letting property. The Associa
tion were informed that the facts of any particular
cases
submitted would be
investigated by
the
Society.
OVEREND AND FINDLATER
SCHOLARSHIPS.
THE Council propose to make new regulations for
the award of the Scholarships having regard to the
new system of examinations prescribed by the
Solicitors Act 1954 (Apprenticeship and Education)
Regulations, 1955 and 1956. A scheme has been
drawn up for submission to the Commissioners of
Charitable Donations and Bequests.
The Overend Scholarship is divided into two
parts, one for the preliminary and the other for the
final examination. The preliminary scholarship is
awarded in Michaelmas Sittings each year to the
candidate at the two examinations in each year
who shows the best performance. The final exam
ination scholarship is paid in each year to the
apprentice who shows the greatest proficiency in
Real Property and Conveyancing at the Society's
Final Examinations in each year. It is proposed to
amalgamate the preliminary and final scholarships
to form one scholarship which will be awarded
to the best candidate at the first law examinations
in each year.
It is proposed that the first award
of the new scholarship will be made in Autumn,
1958.
The Findlater Scholarship is at present awarded
in each Autumn to the candidate who shows the
greatest proficiency in law and practice at the
Society's final examinations for the year ending
in the previous Trinity Sittings. One scholarship
is awarded each year and the winner receives
a moiety of the income from the trust fund for
a period of two years.
It is proposed to alter
the scheme by providing that the Scholarship
shall be awarded to the apprentice who shows the
greatest proficiency
in law practice and book
keeping at all the Society's examinations (excluding
term examinations) throughout his entire course.
Under the proposed new scheme the winners of
the scholarship will be those who show the best
average performance throughout their entire appren
ticeship. The competition for the scholarship will
be confined to winners of gold or silver medals at
the Society's final examination.
The date when the new scheme for the Findlater
Scholarship will come into operation has not been
decided but will be announced in due course.
The details of both schemes for the Overend
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