The Gazette 1974

Proceedings of the Council

JUNE 1974

The President in the chair, also present we r e:

William B. Allen, Bruce St. J. Blake, John F. Buckley,

J°hn Carrigan, Anthony E. Collins, Laurence Cullen,

^ r a r d M." Doyle, Joseph L. Dundon, Felicity Foley,

James R. C. Green, Christopher Hogan, Michael P.

Houlihan, Thomas Jackson, Jnr., John B. Jermyn,

Hands J. Lanigan, John Mahe r, Ernest J. Margetson,

Herald J. Moloney, Patrick C. Moore, Brendan A.

^cCrath, Patrick Noonan, Peter E. O'Connell, Patrick

H O'Donnell, James W. O'Donovan, Rory O ' Conno r,

Homas V. O ' Conno r, William A. Osborne, David R.

Hgot, Mrs. M. Quinlan, Robert McD. Taylor, Ralph

J- Walker.

nd Registry map

° n a Report of a Committee the Council were in-

armed that a Local Bar Association had passed a

Resolution that Solicitors for Mortgagees should accept

He Land Division Sub-Division map where its stamp is

fadorsed thereon in lieu of the later production of the

Und Registry map. Such a Practice was not recom-

mended

by the Council as the acceptance of such maps

proving the identity of property outlined in them

Hay be dangerous. It is advisable that maps should

°Hate with the actual Land Registry maps or map.

Conflict of interest

Members wrote to the Society stating they acted for

? client in a dispute with his father as to which of them

pneficially owned a certain interest in a family dwel-

g house. The dispute was settled by the son executing

assignment of the premises to the father and an

Agreement by the father to make a will leaving the

demises to the son. T h e solicitor was engaged by both

jetties. T h e Deed of Assignment was duly effected by

son. However, the father showed reluctance to carry

u t

his part of the bargain by executing the will as

Agreed. The Council on a Report from a Committee

that the solicitor should now state to both parties

a a

t he can no longer act for either of them.

"liamentary Committee

This Committee put in a considerable amount of

k on the direction of the Council on submitting a

•

Port on the proposed forms of Capital Taxation

Hcluding the Wealth Ta x.

^iscipii

nary

Committee

, Mr. George A. Nolan after many years of service on

Committee offered his resignation. The Council

Tressed its appreciation of Mr. Nolan's services and

[Commended that he be replaced by Mr. Francis

[Hi g a n. O t h er vacancies on the Committee were filled

J the appointment of Mr. Rory O ' Connor and Mr.

N°mas Jackson, Jnr.

l8t1

» JULY 1974

President in the chair, also present we r e:

l ' H a m A. Allen, Walter Beatty, Bruce St. J. Blake,

h n

F. Buckley, J ohn Carrigan, Anthony E. Collins,

ard M. Doyle, Joseph L. Dundon, Felicity Foley,

James R. C. Green, Gerald Hickey, Christopher Hogan,

Michael P. Houlihan, John B. Jermyn, Francis J.

Lanigan, John Maher, Ernest J. Margetson, Patrick C.

Moore, Brendan A. McGr a t h, John J. Nash, Patrick

Noonan, John C. O'Carroll, Peter E. O'Connell, Patrick

F. O'Connell, Dermot G. O'Donovan, James W.

O'Donovan, Rory O ' Conno r, Thomas V. O ' Conno r,

John A. O ' Me a r a, William A. Osborne, David R. Pigot,

Mrs. M. Quinlan, Robert McD. Taylor, Ralph J.

Walker.

Sale of registered and unregistered land transferred

by the same deed

Members wrote to the Society stating that they were

engaged in sale of property consisting partly of free-

hold registered land and partly of unregistered land.

T h e transaction was completed by one single deed.

Members required to know the correct basis for charg-

ing costs where there is no separation of the purchase

money in the Contract for Sale. T h e Council on a

report of a Committee were referred to opinion C.40,

page 222, in the Handbook 1968 edition and felt that

this opinion applied. In such a case it had been held

that in the sale of registered and unregistered land in

one lot the value of the registered and unregistered

holdings should be apportioned for the purposes of

costs and treated as two separate sales.

Standard fees for the approving of release of mortgage

Members wrote to the Society stating that they felt

the Council should recommend a standard appropriate

fee for solicitors to charge in approving a release of

mortgage. The Council on a report of a Committee

declined to recommend standard fees as it was felt that

such fees must be charged under Schedule II of the

Solicitors Remuneration Act.

Appearance of Counsel in Court without Solicitor

T h e Bar Council wrote to the Society pointing out

that certain abuses had grown up in connection with

Counsel appearing in Court without being attended by

a Solicitor. In 1971 the Bar Council had given per-

mission to Barristers to appear in the Children's Court

without being attended by Solicitors where no fee was

involved for either Solicitor or Counsel. T he Bar

Council requested the Society to draw the attention of

Solicitors to the proper ruling of the Bar which is set

out on page 195.

Solicitors failing to pay their staff the minimum

remuneration as fixed by the Joint Law Clerk/

Labour Committee

Considerable discussion occurred in connection with

the publication in the newspapers that a large number

of solicitors had failed to pay their staff at least the

minimum rates of remuneration settled by the Law

Clerks Joint Labour Committee. T h e Council directed

the Director General to inform the Depa r tment of

Labour that the Society were at a loss as to whether

they should and if so how to deal with this matter

because the Department was not prepared to disclose

names of the firms concerned.

171