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Vol. 49
No. 2
June,
1955
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President
THOMAS A. O'REILLY
Vice-Presidents
DESMOND J. MAYNB
JOHN J. SHEIL
Secretary
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL.
JUNE 2ND: The President in the Chair. Also
present, Messrs. Desmond J. Mayne and John J.
Sheil, Vice-Presidents, Francis X. Burke, John
Carrigan, Henry St. J. Blake, Cornelius J. Daly,
Francis J. Lanigan, Desmond J. Collins, Francis
Gallagher, Patrick R. Boyd, John R. Halpin, Peter
E. O'Connell, John Maher, Joseph Tyrrell, William
J. Norman, John J. Nash, George G. Overend,
Reginald J. Nolan, Terence De Vere White, Ralph
J. Walker, Scan O hUadhaigh, Patrick F. O'Reilly.
The following was among the business transacted :
Counsel's fees. Motion for consent.
A MEMBER asked for the Council's guidance on
the fees payable to counsel in the following cir–
cumstances. When acting for the defendant in a
road accident case which was settled senior and
junior counsel were retained for the defendant and
the action was settled for £250 and taxed costs
after service of notice of trial but before briefs had
been prepared or handed out. The plaintiff was
of full age and sui juris. Member retained senior
and junior counsel to appear on the consent; senior
counsel appeared alone and was given a copy of
the pleadings. Member asked for the Council's
guidance as to his professional obligations towards
counsel, particularly whether
(a)
counsel were
entitled to be paid full trial brief fees ;
(b)
whether
junior counsel was entitled to a fee although he
did not appear on the motion. The Council, although
without the benefit of counsel's views in the matter,
expressed the opinion
that senior counsel was
entitled to a fee but not a trial brief fee and that
the proper fee appeared to be the minimum fee
tor, senior counsel on a motion to consent to a
settlement;
that junior counsel was entitled to
two-thirds of senior counsel's fee, although he did
not appear, and that member's professional obliga–
tion was to pay to counsel their proper fees ascer–
tained as stated.
Land Clauses
Acts.
Election for detailed
charges.
THE Council considered a report of a Committee
on representations from members arising out of
the refusal of a local authority to recognise the
validity of a notice of election by a solicitor for an
owner of property compulsorily acquired to take
detailed charges instead of the commission scale
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