213 / 324
carried with
acclamation.
The meeting
then
terminated.
EXAMINATION RESULTS
AT
the Preliminary Examination
for
intending
apprentices to solicitors held on April i5th and i6th.
The following candidate passed the examination :
Thomas Dillon A. Leetch.
Two candidates attended.
EXAMINATION DATES
Examination
Date.
Last day
for notice.
June nth - i3th May 2ist
June 13th
May zist
September 3rd
August I2th
June 28th, 29th
June yth
Sept. 6 th & 7th Aug. nth
Sept. 2nd & 3rd Aug. i2th
Sept. 2nd to 4th Aug. i2th
Sept. 3rd & 4th Aug.
Intermediate
Book-keeping
First & Second
Irish
First Law
Final
Preliminary
RELATIONS BETWEEN SOLICITORS
AND AUCTIONEERS
FOLLOWING representations received from a pro
vincial bar association the Council approached the
Irish Auctioneers and Estate Agents Association
with a view to joint action by the Society and the
Association
to discourage certain objectionable
practices.
The matter falls under two heads (i)
Standing
arrangements
between
solicitors
and
auctioneers whereby each party habitually employs
the other for clients' business.
It is pointed out
that such arrangements are objectionable. A solicitor
may be asked by a client to advise as to the standing
or competence of a particular auctioneer and it would
be within the normal scope of the solicitor's duty
to tender such advice if asked, but it is not in
accordance with proper professional practice and
the duty which a solicitor owes to a client to
influence clients in diverting business towards a
particular auctioneer. Where there is a reciprocal
understanding or arrangement with the auctioneer
such conduct on the part of a solicitor may very
well
fall within
the prohibition against unfair
attraction of business contained in the Solicitors'
Act
1954
(Professional Practice Conduct
and
Discipline) Regulations, 1955. The Irish Auction
eers' and Estate Agents' Association take the view
that it forms no part of an auctioneer's duty to
'advise vendors or purchasers of property as to the
selection of a particular solicitor and that any
arrangement or understanding of the kind men
tioned is greatly to be deplored.
(2) Both the
Society and the Association point out that it is
unprofessional and may be illegal for either a solicitor
or an auctioneer to split costs or commission in
consideration of the introduction of business. The
receipt by an agent of any gift or consideration
as an inducement or reward for doing or forbearing
to do any act in relation to his principal's affairs,
or for showing or forbearing to show favour to
any person in relation to such business, is a secret
profit. Disclosure to the client is a defence but
in the absence of disclosure and the client's consent
the act is illegal and any commission so received
belongs to the client.
DUBLIN SOLICITORS BAR
ASSOCIATION
A MEETING of the Council of the Association was
held on Wednesday, the ist of May, 1957.
The membership of the Association at
that
date is 243.
Mr. C. G. Vanston, a member of the Council of
the Association, has been appointed to the District
Court Rules Committee.
Mr. P. F. O'Reilly,
a former member of the Association, has been
appointed a Taxing Master of the High Court.
Representations have been made that normally
the costs of both a successful defence and a successful
counterclaim should be allowed in the Circuit Court,
and the result is awaited.
The next meeting of the Council of the Association
was fixed for the 5th of June, 1957.
DECISIONS OF
PROFESSIONAL
INTEREST
Solicitor's authority to receive moneys and give discharge
therefor.
The plaintiff's motor car had been damaged in
a collision with the defendant's tractor, and the
defendant admitted liability.
The plaintiff con
sulted K., who was the solicitor for his insurance
company, as such solicitor. K. was not his usual
solicitor.
K. conducted negotiations by corres
pondence with the defendant's insurance company
which resulted in a compromise being reached.
No proceedings had been instituted and K. was
not on record.
The compromise provided that
the defendant should pay the sum of £185 155. od.,
comprising £170 os. 5<d. for damages to the car,
£10 los. od. for K.'s fees, and £5 55. od. for medical
expenses. On the loth March, 1952, the defendant's
insurance company issued
two cheques payable
to K., for £180 IDS. 56. and £5 55. od. respectively.