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lord & Tenant Acts. The Council adopted a report
from the Committee which stated that the lease
is a long lease not at a rack rent.
Rectification of title. Scale fee.
A MEMBER acted for both parties on a sale and
purchase in which the consideration was small
and did not serve any notice of election to charge
under Schedule 2.
During the investigation of
the title it was found that the vendor's title which
was passed by another solicitor some years ago
was defective, and there was considerable work in
having the title rectified. Member asked whether
in the opinion of the Council, he will be entitled
to charge for the work under Schedule 2 apart
from and in addition to the commission scale fee
for the sale and purchase. Section 2 of the Solicitors
Remuneration Act, 1881 authorised the Statutory
Committee mentioned
in
the section
to make
general orders prescribing solicitors' remuneration
in respect of business
connected with
sales, purchases,
leases etc.
Clause 2 of S.R.G.O. 1884 prescribes
that the remuneration of a solicitor in respect of a
business connected with completed
sales, pur
chases etc., should be a commission scale fee. The
question therefore was whether the work of recti
fying the title is connected with the sale within
the meaning of the rule, or whether it can be
regarded as a separate matter.
In Re Baylis (1907,
2 Ch. 54) the question was whether the commission
scale fee included the work of the lessor's solicitor
in investigating the title of the lessee to renew a
lease. The Judge said that the cases went to show
that the scale fee covers everything in the way of
business connected with the lease, but that the
investigation of title in that case although con
nected with the lease was not connected within
the meaning of the Act. Clause 4 S.R.G.O. 1884,
provides that the commission scale fee is exclusive
of stamps, Counsels' fees and other items including
other work occasioned by changes in the course
of any business.
The Council adopted a report
from the Committee stating that in their opinion,
on the facts stated, the work of rectifying the title
is covered by the commission scale fee.
Reciprocity of judgments between
Ireland
and Great Britain.
IT was decided to make representations
to the
Department of Justice in favour of legislation
providing for
reciprocity between Ireland and
Great Britain as regards money judgments.
It was
pointed out that reciprocity already exists with
respect
to
the execution of awards under the
Arbitration Act, 1954.
Contractors' bonds with local authorities.
COUNSEL'S opinion was
taken on
the question
whether it is illegal for a local authority or an
employee of the authority to draw up contractors'
bonds. Counsel advised that such a bond is a docu
ment relating to personal estate within the meaning
of Section 58 of the Solicitors Act, 1954, and that
an employee of a local authority is not a public
officer within the meaning of the exception in the
section. An employee of a local authority commits
an offence against the section if he prepares such
a document as part of his paid duties.
The local
authority would also be liable if there was evidence
of the receipt of any fee or reward by the authority.
As regards the employee, the expectation of fee
or reward in the form of his salary would be suffic
ient to bring him within the prohibition of the Act.
Reversionary Leases Bill, 1956.
THE Committee considered a report drawn up
by Mr. Overend.
The report was adopted with
certain amendments for submission to the Depart
ment of Justice.
" Off
the
record"
conversation
with
defendant.
THE solicitor for a plaintiff was approached by
the defendant who at that time had no solicitor,
and a conversation followed,
expressed
to be
off the record in which the defendant made certain
admissions.
Member enquired whether
(a)
he
should continue to act for the plaintiff and
(b)
whether he may use the admissions. The Council
expressed the opinion, that as member consented
to receive " off the record " communications from
the defendant, he should not act further in the
matter.
If another
solicitor
is
instructed, he
should not attend Court as a witness for the plaintiff
unless summoned and if summoned should ask
for and follow the directions of the Court.
Costs of debt collections.
A MEMBER acting for a debt collecting agency
asked for a waiver which will enable him to charge
direct outlay only with a sum to cover scrivenery
and overhead expenses where proceedings have
been instituted but the debt is irrecoverable. The
matter was considered by the Committee which
referred the matter to the Council. The Council
decided that no waiver should be issued to enable
a solicitor to act for a debt collecting or other
agency and to charge less than the statutory Court
costs in any case, whether the debt is irrecoverable
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