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functioning. I hope that this state of affairs will
soon change and that the local solicitors concerned
will take steps as soon as possible to reconstitute
the Associations, or if that is not feasible or possible
if their numbers are too small I hope they will
join some Association in an adjoining district or
county.
In the February Number of the GAZETTE of
our Society, you will no doubt have read a state
ment directed to be published by the Council for
the guidance of the profession dealing with the
position of a solicitor who acts for both vendor
and purchaser in a sale of property. As a general
principle, the Council laid it down that in their
opinion it is undesirable that any solicitor should
act for both vendor and purchaser, and that to act
for both parties in any case where there is a conflict
of interest is clearly improper.
I personally feel very strongly about this matter,
but in spite of that I can see the contrary point of
view. In my opinion it is wrong for any solicitor
to act for both vendor and purchaser.
In a sale there is nearly always a conflict of
interest between vendor and purchaser, and acting
on the principle that " No man can serve two
masters " and also having regard to my experience
as a solicitor during the past 32 years, I have no
hesitation in expressing my personal view in this
matter.
I realise that following this precept a solicitor
may lose a client on occasions, but I have every
confidence in stating that for every client he loses
he will gain one.
As you probably know, there are several bar
associations throughout the country whose rules
prohibit a solicitor from acting for vendor and
purchaser in a sale, except in very small transac
tions, where the consideration is in the region of
£200 or less, and there is always now the risk
since the passing of the Solicitors Act, 1954, that a
solicitor in a transaction of this kind acting for
more than one party might find himself contraven
ing the Professional Practice Regulations.
In a recent judgment given in England where an
action was taken for negligence against a solicitor
who had acted for both vendor and purchaser,
the judge who heard the case in the course of his
judgment said " It seems to me practically impos
sible for a solicitor to do his duty to each client
properly when he tries to act for both vendor and
purchaser," and in an earlier case a judge when
giving judgment stated,
inter alia,
referring to the
action of a solicitor, " It will be his fault for mixing
himself up with a transaction in which he has two
entirely inconsistent interests, and solicitors who
try to act for both vendor and purchaser must
appreciate that they run a very -serious risk of
liability to one or the other owing to the duties
and obligations which such a curious relation
puts upon them."
Recently a new Society was formed in Dublin
known as The Medico-Legal Society. This Society
I understand has been formed for the purpose of
promoting medico-legal knowledge which is coming
more and more into our daily lives and into the
public eye. The annual subscription is £i is. od.
and full particulars may be obtained from the
Hon. Secretary, Mr. M. Leech, Solicitor, 4 Chancery
Place, Dublin. In these times the professions
should as much as possible co-operate with each
other and this Society gives us an opportunity
to advance that co-operation. In my opinion this
Society is worthy of the support of our members,
and I hope that as many as can possibly do so will
join. Incidentally membership is also open to
solicitor's apprentices.
Like many members of our profession, I am a
member of the Solicitors' Benevolent Association,
and have been a member for the last 31 years.
Recently by virtue of my office as President of your
Society, I had the honour and privilege of being
asked to attend the annual general meeting of the
Association for the purpose of seconding the
adoption of the annual report; in consequence
of being asked to perform this duty I read the
annual report of the Association more carefully
than I have ever done previously, and I was rather
shocked to observe that there were still a consider
able number of the profession, both North and
South, who were not members of the Association.
There were in fact over 1,000 solicitors who were
not members. That figure in effect means that the
majority of the profession in the whole of Ireland
do not subscribe to the funds of the Association.
I think you will agree with me that that is not as it
should be. The Association has to depend on the
support of the members, and while the directors
of the Association do their best to spread the
resources of the Association, it is felt that in view
of the cost of living to-day the amounts they dispense
are inadequate.
The amounts of the respective annuities and
grants made by the Association must of course
be governed by the annual income, and if this
was increased such annuities and grants would be
much larger. I strongly appeal to all members
of the profession to join, so that the funds of the
Association will be increased. The annual sub-
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