234 / 324
less £40 taxed off. If the new system were in opera
tion a considerable part of this expense could be
saved. If in addition a county manager (who from
his experience of dealing with bills from year to
year is something of an expert) were authorised in
his discretion to settle his solicitor's bill of costs
without taxation a further saving could have been
effected.
Taxation would, of course, be available if neces
sary. Generally speaking the present system, out
moded as it is and not used by any other profession,
results in an undue dependence of the solicitors'
profession on a small number of costs drawers in
Dublin who are paid by commission. This is not
a good thing either for members of the profession,
who should be independent, or for their clients.
Commission and scrivenery charges are dispro
portionate as the above example shows.
Delays
in having bills drawn and furnished due to the
shortage of competent costs drawers may run
into many months.
The costs drawers' association have recently
sought to impose on the profession a scale of
charges varying from 5% to 7^% on the gross
amount of a solicitor's bill including disbursements
paid by the solicitor. This may work out at 20%
to 30% of a solicitor's net profit costs after payment
of disbursements and overhead office expenses.
The result is that a small body of men might receive
for their services in preparing solicitors, bills in
particular cases approximately one fourth of the
amount which the solicitor receives in each case
as net profit (and before payment of income tax)
for doing all the professional work involved in
the bill.
9. It is stated in the anonymous memorandum
that the new system would result in a loss of court
fees in the Taxing Office. It should be pointed out
however, that these fees are added to the bill and
paid by the client. In the instance cited in paragraph
8 the fees would amount to £39.0.0. The Council
regard these fees as exorbitant and, in so far as
they must be first paid by the solicitor and later
collected from the client, as an unfair imposition
on the profession. It is submitted that even if the
new system resulted in some loss of revenue from
fee stamps in the Taxing Office it would be in
considerable in proportion to all court fees collected.
10. The old system was discarded in England
in 1953.
It was discarded in Northern Ireland in
1955 as regards the fee for instructions in non-
contentious matters.
In the Solicitors Bill 1957
which has passed the first reading in the House
of Commons in Northern Ireland there is provision
in Section 40 that a solicitor may, in respect of any
non-contentious business carried out by him,
charge and recover such remuneration as is fair
and reasonable having regard to any schedule for
the time being published by the Incorporated Law
Society of Northern Ireland under Section 41 and
the relevant circumstances, which are similar to
those enumerated in paragraph 3 of this memoran
dum.
Section 41 provides that the Law Society
of Northern Ireland may from time to time publish
schedules prescribing the remuneration which shall
be regarded as fair and reasonable and by Section
42 the Taxing master is to have regard to such
schedules. If this bill is enacted the position of the
profession
in Northern
Ireland will be more
favourable than that sought in the present memoran
dum for the profession in the Twenty-six Counties.
As far as can be ascertained the system of item
charges which it is now sought to abolish never
existed outside these islands and certain British
possessions. It has been abolished in Great Britain
and is in course of abolition in Northern Ireland.
2.(,tb July,
1957.
Solicitors Buildings,
Four Courts,
DUBLIN.
DINNER DANCE
A DINNER Dance for members and their friends
will be held in the Ballroom, Shelbourne Hotel,
Dublin on Thursday 2ist November, the date of
the Ordinary General Meeting. Further particulars
will be published in the August issue of the Society's
Gazette.
Applications for members will be dealt
with in order of receipt. Members may apply
for tickets for friends.
The price of tickets will
not exceed £i 55. per head to include dinner and
dance.
Applications for tickets should not be
made until after the next announcement.
PROGRAMME OF LECTURES 1957-.r °
COURSE A.
Company Law and Administration of Estates.
50 lectures delivered as follows :—
Michaelmas Sittings—18 ; Hilary Sittings—22 ;
Easter Sittings—10 ;
Minimum attendance for
credit is, Michaelmas—14; Hilary—17; Easter
—7.
Lectures each Monday and Thursday at
2.15 o'clock save where otherwise notified.
28