265 / 300
PRELIMINARY NOTICE
It is regretted that due to the illness of the Editor
and the Christmas vacation the December
Gazette
will only be available to members at the beginning of
January, 1975.
The next issue of the Gazette will be the January-
February issue, 1975, which will be published in the
first week of February, 1975. This will be an enlarged
issue and will include the Index for 1974. All sub-
sequent monthly issues of the Gazette, from March,
1975, will normally be published on the 15th day of
the month. Material for inclusion in the January-
February Gazette, 1975, will have to reach the editor
before tht 10th January, 1975, and the material for the
March, 1975, and subsequent monthly issues will have
to be sent before the 15th of the previous month.
Special arrangements about the separate publication
dates of the July and August issues will be announced
subsequently.
NOTES AND COMMENTS
by ULPIAN
It is a difficult task to pay adequate tribute to all
concerned as there have been so many judicial changes
in Ireland recently. The unanimous choice of Cear-
bhal Ó Dálaigh as President of Ireland was easy to
forecast, in view of the President's legal and linguistic
distinctions, as well as an open manner which will
ensure his universal popularity.
The fact that Mr. Justice 0'K.eefTe succeeded our
President as Irish Judge attached to the Court of the
European Communities in Luxembourg was less pre-
dictable but he will have ample opportunities to master
the intricacies of European Law.
The sudden death of Chief Justice FitzGerald left a
void which has been well filled by the appointment of
Mr. Justice O'Higgins to the highest judicial office;
our new Ghief Justice has wide legal and administrative
experience.
Mr. Justice Finlay was eminent as an advocate and
a jurist, and his promotion to the Presidency of the
High Gourt will ensure that that high judicial post will
he maintained with learning and dignity.
The legal profession is very pleased with the appoint-
ments of Messrs Liam Hamilton, Weldon Parke and
Thomas Doyle to the High Gourt, as each of them in
their repective spheres will add lustre to the Bench.
Ad mult as annos!
THE SOCIETY
Proceedings of the Council
19th SEPTEMBER 1974
The President in the Chair, also present were :
W. B. Allen, W. Beatty, Bruce St. J. Blake, John F.
Buckley, Anthony E. Collins, L. Cullen, Gerard M.
Doyle, Joseph L. Dundon, James R. G. Green, Michael
P. Houlihan, John B. Jermyn, Francis J. Lanigan, John
Maher, Patrick Moore, P. McEllin, Brendan A.
McGrath, John J. Nash, Patrick Noonan, Peter E.
O'Connell, Patrick F. O'Donnell, Dermot G. O'Don-
ovan, Rory O'Connor, William A. Osborne, Brian
Russell. The Director General was in attendance.
Costs of a sub-sale
A member required to know what the proper costs a
solicitor should charge where he is involved in a sub-
sale, i.e. the purchase of property together with the sale
on for an increased consideration.
Where there is a sub-sale and one conveyance to
which the vendor, purchaser and sub-purchaser all are
parties, the English Law Society's opinion (1265) of
14th July 1950 is that solicitors should charge under
Schedule 1 of the Solicitors' Remuneration Act on the
sale together with charges under Schedule 2 for the
work done in connection with the initial purchase.
However, where the original purchaser does not join
in the conveyance the English Law Society expressed
the view that all charges should be based on Schedule
2 (Opinion 1266).
The Council, on a report of a Committee, held that
the English Law Society's opinion was correct.
Duty of solicitor to the Court where client on bail
leaves jurisdiction
A member wrote to the Society concerning the duty
of a solicitor to the Gourt where a client on bail leaves
jurisdiction. The Council on a report of a Committee
felt that the solicitor had no duty to notify the police.
Solicitor should not accept case in which he will be a
witness
A member wrote to the Society regarding the pro-
priety of accepting a case where he has reason to believe
that he may be a witness. In reply the Assistant Secre-
tary quoted from
Conduct and Etiquette
at the Bar
as follows :
"A Barrister should not accept a retainer in a case in
which he has reason to believe he will be a witness, and
if being engaged in a case it becomes apparent that he
is a witness on a material question of fact, he ought not
to continue to appear as Counsel if he can retire with-
out jeopardising his client's interests. If he continues in
the case there is no rule of professional ethics which
disbars him from going into the witness box and being
cross-examined."
The Council, on a report of a Committee, applied
this principle to the solicitors' profession.
262