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Instructions for will. Privilege.
A MEMBER drew a will for a testator since deceased-
The will is to be the subject of a probate action
but member acts for none of the parties to the
proceedings. He has been asked to supply to the
solicitor for the next of kin a statement detailing
the circumstances under which the will was drawn.
He has no objection to supplying the statement
but asked for the guidance of the Council on the
question of privilege. On a report from a com
mittee the Council expressed the opinion that
member should not make any statement until
proceedings have been commenced.
Thereafter
member might give a statement to any party inter
ested on the understanding that copies will be
given to the personal representatives and the other
interested parties.
Acquisition of practice. Solicitor's duty as
to wills.
A MEMBER took over the practice of another solicitor
in 1944. The office safe contained'a number of wills.
Member does not know some of the clients and
some of the wills have never been asked for either
by the testators or personal representatives. Member
asked for the guidance of the Council as to the
proper course with reference to these wills. On
a report from a Committee the Council expressed
the opinion that member should open the envelopes
containing the wills and to communicate with the
testators, personal representatives, or next of kin
as may be necessary if the testators have died for
the purpose of notifying them of the existence of
the wills in question.
Land Folios Registry.
Commonage
and
appurtenant Rights.
A COMMITTEE reported on correspondence received
from members pointing out that the normal practice
in the Land Registry is to omit commonage and
appurtenant
rights
from Land Registry maps.
Where the copy map received from the Land Regis
try bears the usual certificate that the map is a
true copy of the Land Registry map it may be mis
leading and the Committee took the matter up with
the Registrar of titles. The Registrar stated that
the delineation of such rights is seldom required
and they are in practice omitted in the interests of
expediting the work of the Registry. If a solicitor
requires to have such rights delineated they will be
included on the maps without extra charge on special
request. On the Committee's report it was decided
to take no further action except to notify members
that the additional particulars will be included
•without extra charge when required.
THE NEW SCHEDULE II.
THE Council have
learned
that an anonymous
document has been widely circulated to members of
the Dail and Seanad in an endeavour to arouse
opposition to the draft Solicitors Remuneration
General Order, 1957. The following is a copy of the
document with a letter and memorandum in reply
which the Council have sent to all deputies and
senators.
SOLICITORS REMUNERATION ORDER 1957
NEW SYSTEM AND METHODS OF CHARGING COSTS
BY SOLICITORS
THE Incorporated Law Society of Ireland (the
professional Association of all Solicitors in the
Republic of Ireland) having made application to
the Superior Courts Rules making Committee an
Order entitled as above was approved.
This Order when it has been laid on the Table of
Dail Eireann automatically becomes law on the
expiration of one month.
The effect of the Order is to remove all limitation
on the amount a Solicitor may charge to his client
for services rendered to Clients in all matters, other
than Costs payable by third parties in proceedings
before the Courts, and is in fact assumption of
unbridled Control of their own remuneration by
Solicitors.
Two results inevitable ensue. Firstly, the delivery
of the Public into the uncontrolled hands of Sol
icitors, and secondly, loss of revenue to the State.
Up to the present the system of charging Costs
by Solicitors to Clients has been on a basis laid
down in 1859 and increased by General Order from
time to time—the most recent being one of 5 5 per
cent, as from 1/1/52.
This Schedule comprised
items covering every conceivable task a Solicitor
could be called upon to perform and with a stated
fee, or charge for each item.
Under the present existing system a Solicitor is
bound to furnish to a Client a Bill of Costs showing
details of the work performed for which the Costs
are charged setting out dates, details of work done
and charges for each separate piece of work done.
So that the Client may be satisfied that the charges
are fair and reasonable and that the work charged
for was in fact done (as few people could even
guess at this aspect of Solicitors work) he has a
fundamental right to have
the Bill accurately
checked and this is done by way of a Taxation and
measurement of the Bill by the High Court Taxing
Master appointed by Statute for such purpose.
On such Taxation the Solicitor must vouch all the
items contained in the Bill of Costs by the production
of vouching documents, and of evidence that the