753 / 822
position to ensure that Judgment cannot be marked
in default of Appearance or Defence.
So far as negotiations for settlement are concerned
they have been taken completely out of my hands
and the representatives of the Companies concerned
have no hesitation in approaching the Plaintiff's
Solicitor direct in an endeavour to negotiate a
settlement with him.
Many Solicitors acting for Plaintiffs, including
myself, quite unwittingly on a few occasions have
tended to forget their obligations to the Solicitor on
the other side, and have negotiated direct with the
Insurance Official concerned, when, of course, their
obvious duty was to refuse any such approaches
once there was another Solicitor on record. This
practice has been encouraged by the fact that many
of the Insurance Officials concerned are on friendly
terms with the Plaintiff's Solicitor, and it is often
embarrassing for a Solicitor to refuse to meet them.
Solicitors acting for other Insurance Companies
have complained to me about this insidious practice.
As they are acting for the Companies they cannot
complain for obvious
reasons. They do
feel,
however, that their fellow Solicitors are treating
them badly in negotiating with Insurance Officials
behind their backs.
The lesson to be drawn from this matter is only
too obvious. What will be one Solicitor's case
to-day may be another's to-morrow and in cases
such as this the Profession must stand together
and refuse to negotiate behind the backs of Pro
fessional brethren—no matter how innocently—
whether acting for Insurance Companies or indeed
any other organisation.
LEX.
nth May, 1948.
Printed by Cahill & Co., Ltd., Parkgale Printing Works, Dublin.