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THE INCORPORATED LAW SOCIETY OF IRELAND,
SOLICITORS' BUILDINGS,
FOUR COURTS,
DUBLIN, N.W.8.
C/42/'j7.
z6ft July,
1957.
SOLICITORS REMUNERATION GENERAL ORDER 1957
Dear Sir/Madam,
The Council of the Incorporated Law Society of
Ireland have seen a copy of an anonymous com
munication which has been circulated to certain
members of the Dail and Seanad. The memorandum
is a complete misrepresentation of the facts in so
far as it states or suggests that the effect of the
Order would be
(a)
to abolish the present system of taxation of
costs by independent officers of the court, or
(If)
to remove all limitations on costs and make
solicitors the sole judges of reasonable pro
fessional charges, or
(i)
to relieve solicitors from the obligation of
vouching their professional charges and dis
bursements.
The true position in respect of these matters is
the converse of what is stated or suggested in the
memorandum, which contains other misrepresenta
tions and inaccuracies.
The internal evidence in the memorandum is
strongly indicative that its author has a vested
interest in the perpetuation of the present expensive
and complicated system but is not a person who is
at all concerned with the interests of clients.
It is
noteworthy that he has apparently obtained in
formation concerning the order prior to its signature.
The draft Order has been approved by the
Statutory Committee under
the Solicitors' Re
muneration Act 1881 consisting of the Chief Justice,
The President of the High Court, the Senior
Ordinary Judge of the Supreme Court and the
President of this Society.
It is inconceivable that
such a Committee would act without careful con
sideration.
The Council of this Society are confident that
no fair minded person will allow his views to be
coloured by an anonymous communication the
only possible effect of which could be to create
bias. A factual statement is enclosed for the informa
tion of those who are interested in acquainting
themselves with the true position.
Yours faithfully,
ERIC A. PLUNKETT,
Secretary.
C/42/'j 7.
SOLICITORS REMUNERATION GENERAL ORDER 1957
COSTS IN NON-CONTENTIOUS MATTERS
1. This Order which has been approved in
principle but not yet signed is the work of a Com
mittee consisting of four persons namely, the Chief
Justice, the President of the High Court, the Senior
Ordinary Judge of the Supreme Court and the
President of the Incorporated Law Society who
is the only solicitor on the Committee. This Com
mittee of eminence and impartiality have paid
due regard to all relevant matters before approving
the Order.
2. The Order which has been approved by the
Statutory Committee deals only with parts of a
solicitor's business and these are entirely uncon
nected with Court proceedings. The costs of Court
business are prescribed by different rules and have
not been changed.
3. The main effect of the new Order is to sub
stitute for a lengthy and involved bill of costs such
sum as is fair and reasonable having regard to all
the relevant circumstances and in particular :—
(a)
the complexity or difficulty of the case.
(b)
the amount or value of the property involved.
(<r)
the importance of the matter to the client.
(d)
the
skill
knowledge
and
responsibility
involved.
(e)
the number and importance of any documents
involved.
(/) the place and the circumstances in which the
business is transacted.
(g) the time expended.
4. The system described in paragraph 3
is bas
ically the same as the method used by accountants,
surveyors, medical practitioners, architects and
other professions.
As
regards non-contentious
business where the costs are paid by the client to
his own solicitor (and not by a third party as in
litigation) there is no reason why solicitors should
be in a different position from other professional
men. Much of the advisory work done by solicitors
and accountants is of a like nature, but an accountant
does not render an itemised bill. He charges a
gross sum on the general basis of paragraph 3 above.
It is not reasonable to expect solicitors to be gov
erned by an antiquated system which is not used
by other professions for similar work.
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