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The following was among the business transacted :
Commission paid to solicitor's clerk
ON an application from a member for a waiver under
regulation 9 of the Professional Practice Regulations
to enable him to remunerate his managing clerk
partly by a commission on business introduced by
the latter, the Council decided that such an agreement
would be illegal under section 62 of the Solicitors'
Act, 1954, and that the Professional Practice Regula
tions do not enable the Council to exempt solicitors
from the application of the section.
Search Fee
A MEMBER held a deed of assignment prepared in
1932 in respect of which no costs were due by the
client who consulted another solicitor who was
authorised to take up the document.
Member
claimed a fee of £i is. to cover correspondence and
transmission of the document and the question was
raised as to his obligation to hand over the document
and his right to claim the fee. The Council ruled
that the case is covered by opinion 90 printed at
page 513 of the 1956 Calendar and Law Directory
and that member should hand over the deed of
assignment to the client's present solicitor without
payment of any search or other fee.
ORDINARY GENERAL MEETING
AN Ordinary General Meeting ot the Society was
held in the Library, Solicitors' Buildings, Four
Courts, Dublin on Thursday, 24th November,
1955.
The President, Mr. Thomas A. O'Reilly,
took the Cnair.
The notice convening the meeting was taken as
read.
Tne minutes of the Ordinary General Meeting
of the Society held on i3th May, 1955 and the
Special General Meeting held on I3th May, 1955
and ist June, 195 5 were read, confirmed and signed.
Mr. Desmond Moran moved and Mr. Eunan
McCarron seconded the adoption of the audited
accounts and balance sheet.
The motion was
adopted and the President signed the balance sheet.
Messrs. Kevans & Sons were re-appointed as
the Society's auditors.
The Secretary read the report of the scrutineers
of the ballot for the election of the Council and
provincial delegates for the year 1955-56.
The
report stated that for the office of provincial dele
gate the following had been returned unopposed :
—Ulster, Derrick M. Martin; Munster, John J.
Dundon ; Leinster, Reginald J. Nolan ; Connaught,
Christopher E. Callan.
The foregoing were declared duly elected.
The result of the ballot for the 31 ordinary
members of the Council and the supplemental
list was as follows :—
Henry St. J. Blake, 541; Arthur Cox, 520;
Thomas A. O'Reilly, 514; Dermot P. Shaw, 511 ;
Joseph Barrett, 506 ; John Carrigan, 487 ; Cornelius
J. Daly, 478 ;
Joseph P. Tyrrell, 477; John R.
Halpin, 473 ; Desmond J. Collins, 453 ;
John J.
Nash, 452; William J. Norman, 447; Patrick R,
Boyd, 445 ; Niall S. Gaffney, 438; Francis J.
Lanigan, 432; Peter E. O'Connell, 431; Patrick
F. O'Reilly, 430 ; Charles J. Downing, 429 ; Scan
O hUadhaigh, 428;
John J. Sheil, 418;
James
J. O'Connor, 414; Francis J. Gearty, 394; George
G. Overend, 393 ; Francis X. Burke, 383 ; Desmond
J. Mayne, 380; Terence de Vere White, 374;
George Nolan, 370 ; Ralph J. Walker, 370 ; Francis
J. Gallagher, 366; Robert Me D. Taylor, 335;
James R. Quirke, 334;
Supplemental List:
John Matter, 328; William
J. Comerford, 297; Patrick Noonan, 284.
The President declared the foregoing members
of the Society duly elected to the Council and the
supplemental list in accordance with the Scrutineers'
report.
The following candidates received the number
of votes placed after their names :—
David R. Pigot, 276 ; Christopher Gore Grimes,
257; Nathaniel Lacy, 249;
John J. O'Dwyer,
222 ; James V. Aitken, 216 ;
James A. Kelly, 212 ;
Lydon G. Carr Lett, 202 ; T. Finbarr O'Reilly, 198 ;
Gerald S. O'Rourke, 198 ; Edmund S. Doyle, 197;
Maurice E. Veale, 196; Gerard M. Doyle, 163;
Peadar Cowan, 133.
The President moving the adoption of the report
of the Council said :— Ladies and Gentlemen;
since our last Meeting, death has taken its toll
and we regret the passing of Alfred S. Machin,
James Vincent Brady, John T. Doyle, Scan Nolan
and Edmond R. McDonnell all of Dublin, Ezekiel
D. Wiley, Waterford, Thomas Shields of Athenry,
Co. Galway, George Murnaghan of Omagh, Co.
Tyrone who at the time of his death was an ex
traordinary member of the Council and Thomas
D. Vance of Bailieborough, Co. Cavan. To their
relatives we offer our sincere sympathy.
At our last meeting I intimated that the Council
were engaged in making various regulations under
the Solicitors' Act 1954 and since then the following
regulations have been made:—
Apprenticeship and Education Regulations.
Professional Practice Conduct and Discipline
Reguktions.
Solicitor's Accounts Regulations.