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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.