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Vol. 49
No. 8
FEBRUARY,
1956
THE GAZETTE
of the
INCORPORATED LAW SOCIETY OF IRELAND
President
DERMOT P. SHAW
Vice-Presidents
RALPH J. WALKER
GEORGE G. OVEREND
Secretary
ERIC A. PLUNKETT
FOR CIRCULATION AMONG MEMBERS
MEETINGS OF THE COUNCIL.
JANUARY i ZTH :
The President in the Chair. Also
present:
Francis J. Gallagher, Thomas O'Reilly,
William J. Norman, Terence de Vere White,
Cornelius J. Daly, F. X. Burke, H. St. J. Blake,
Ralph J. Walker, R. McD. Taylor, Francis J.
Lanigan, Desmond J. Collins, Patrick R. Boyd,
Joseph P. Tyrrell, Patrick F. O'Reilly, John "R.
Halpin, Derrick M. Martin, James R. Quirke,
Scan O'hUadhaigh, Peter E. O'Connell, John J.
Sheil, Francis J. Gearty, Charles J. Downing,
John J. Nash, George A. Nolan, James J. O'Connor,
George G. Overend, Dermot P. Shaw, John
Carrigan, Arthur Cox, Desmond Mayne, Joseph
Barrett, Niall S. Gaffney.
The following was among the business transacted :
Clients' Privilege.
A MEMBER wrote stating that his deceased partner
had handled a client's business and received pro
fessional communications. Litigation had followed
between the client and a third party and member's
firm was no longer acting. He had been summoned
as a witness to give evidence as to the conversations
between the former client and the deceased partner
and enquired whether the communications were
privileged. The Council were of opinion that the
communications are privileged and the privilege
must be claimed. The client is entitled to waive the
privilege.
If directed by the judge member must
testify.
In another case member acted for a client on a
sale and proceedings have been brought against the
client arising out of the matter. Member was not
acting in the proceedings.
In the client's defence
she made allegations of deceit and -Fraud against
member who had been summoned by the plaintiff
to give evidence.
He enquired whether he is
entitled to do so or whether the privilege had been
waived by the allegations made against him by the
former client. The Council were of opinion that the
client had probably waived the privilege by implica
tion by making allegations against her former
solicitor and that member was probably entitled to