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A MEETING of the Council was held on Wednesday
znd April 1958.
The Law Agent to the Dublin Corporation has
suggested that if in cases in which the Corporation is
mortgagee, a copy of the Lease were lodged as well
as the original, then he can lend out the original
when any subsequent transfer is going through.
Thus, the difficulty of not being able to obtain the
original lease, and the possible delay in having the
original lease specially copied, will be obviated.
As a result of representations made by the Associa
tion, the Legal Diary is now appearing with a smaller
and clearer type face, and should be able to contain
longer lists, especially those relating to the Dublin
Circuit Court.
The attention of members is drawn to the re
commended standard procedure for house purchase
mortgages.
Paragraph 6 of that procedure, and
paragraph 4 of the hints annexed should be read as
though they did not contain any reference to the
marking good of cheques.
The Council has also considered the upkeep and
cleanliness of certain Court Rooms, the operation of
the Four Courts Restaurant, and the relative in
accessibility of Court Number 9 in Chancery Place.
The next meeting was fixed for Wednesday yth
May 1958.
COUNSEL'S FEES.
PROFESSIONAL
LIABILITY OF SOLICITORS
THE Council have decided to publish the following
statement for the guidance of practitioners.
The matter
falls under
two heads
(a)
the
disciplinary rule and
(b)
the rule of etiquette. As
regards (<•/) where a solicitor has received counsel's
fees from the client or a third party, failure to pay
the fees to counsel when due may amount to mis
conduct. As regards
(b)
(i) the rule of etiquette is an obligation of honour
and applies whether or not counsel's fees
have been received by the solicitor but it
must be construed in the light of the circum
stances and of any understandings between
counsel and solicitor in the course of practice,
(ii) a
solicitor
is
personally
responsible
to
counsel for the proper professional fees.
(iii) if on the acceptance of the briefs a fee has
been marked on the brief and agreed with
counsel that fee is the proper professional
fee.
(iv) if the fee has not been marked and agreed as
aforesaid the proper professional fee means a
reasonable fee, and, prima facie, the test is the
amount allowed or which would be allowed
on taxation of the solicitor's costs.
(v) having regard to the fact that counsel his no
legal remedy for recovery of fees a solicitor
should as a matter of etiquette with counsel
furnish his bill of costs and obtain payment
of the fees from the client within a reasonable
time unless he elects to pay the fees personally
before reimbursement by the client.
TRUSTEE (AUTHORISED INVEST
MENTS) ACT, 1958
THE provisions of this Act will come into force
three months after the passing of the Act, i.e., on
the ist July, 1958 (Sect. 7 (3) ).
The act makes
important changes in the law relating to trustee
investments and should be studied by members.
COSTS OF LEASE
URBAN property was held under a lease dated i9th
March, 1842, for a, term of 100 years at the yearly
adjusted rent of £18 155. od. The lessee was entitled
to a new lease under Part 3 of the Landlord and
Tenant Act, 1931 as amended, and the lease was
negotiated for a term of 99 years at the yearly rent of
£125, lessee to pay all rates on R.V. £35, to carry
out all repairs and to insure for £4,500. The parties
asked the Council to decide on which scale the costs
should be charged. The Council on a report from a
Committee which considered an auctioneer's valua
tion made for the purpose of the negotiations for the
lease (in which it was stated that a yearly rent of
£180 could have been obtained if Part III of the
Act had not applied) stated that on the facts submitted
they were of the opinion that the lease is a long lease
not at a rack rent.
DECISIONS OF PROFESSIONAL
INTEREST
Instructions for brief where liability admitted late.
The case of A v. B (kindly supplied by a member) was
an action brought for damages for breach of statutory
duty by, and the negligence of, the defendents in
their factory in Finglas, when the plaintiff was
injured and had to have three fingers of his left
had amputated as a result of the user of insecurely-
fenced machinery in the factory.
The plenary summons was issued in February
1956, the statement of claim was delivered in June
1956, the defence delivered in December 1956, and
the action set down for trial in January 1957. The
defendants at first pleaded that the plaintiff was guilty
of negligence, contributory negligence, breach of
statutory duty, common employment, and "violent!
non fit injuria " but in February 1957, the defendants
withdrew all these issues for trial other than the
amount of damages. Meanwhile senior counsel for
IOJ