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Court offices and costs
The Council asked that the matter of certain solici-
tors acting for Dublin County Council in connection
with the investigation of title and the preparation of
mortgages in connection with Small Dwellings Acqui-
sition loans be referred to the provincial members for
their views.
24th OCTOBER 1974
The Vice-President, Mr. W. A. Osborne, in the Chair,
also present were : W. B. Allen, Walter Beatty, Bruce
St. J. Blake, John Buckley, John Carrigan, Anthony E.
Collins, Laurence Cullen, Gerard M. Doyle, Joseph L.
Dundon, Felicity Foley, James R. C. Green, Christopher
Hogan, Thomas Jackson, Francis J. Lanigan, John
Maher, Ernest J. Margetson, Gerald J. Moloney, Patrick
C. Moore, Brendan A. McGrath, John J. Nash, Peter
E. O'Connell, Patrick F. O'Donnell, Rory O'Connor,
Thomas V. O'Connor, John A. O'Meara, David R.
Pigot, Brian Russell, Robert McD. Taylor, Mrs. M.
Quinlan, The Director General was also in attendance.
Indemnity of Insurance policy
Members wrote to the Society stating that title docu-
ments belonging to a client had been temporarily mis-
laid and that they were in serious difficulty. The ques-
tion was whether the loss of title documents is covered
in the insurance indemnity policies which covers loss
"for breach of professional duty as solicitor by reason
of any neglect, omission or error whenever or wherever
occurred or alleged to have occurred on the part of the
insured or their predecessors in business or any person
including any agent at any time employed by the
insured or such predecessor". The Council, on a report
of a Committee, felt that this matter was not one for
the Society and is a matter for the solicitor and his
insurance company.
Representations of the Drogheda Solicitors' Bar
Association
The Drogheda Solicitors' Bar Association wrote to
the Attorney General complaining of the delay involved
(several months) from the conclusion of an unsuccessful
appeal to the Circuit Court before the Gardai obtain a
warrant for arrest. It was stated that prisoners them-
selves do not wish to have the sentence hanging over
their heads for an indefinite period of time. The
Council, on a report of a Committee, directed the
Assistant Secretary to write to the Attorney General
giving support to the Drogheda Solicitors' Association's
letter to him.
Service of High Court documents
Members wrote to the Society pointing out discre-
pancies in the mode of service of varying High Court
documents including a subpoena, statement of claim,
etc. The Council directed the Secretary to refer the
letter to the High Court Rules Committee.
Building Societies appointing solicitors to act as local
agents
The Council directed that the following conditions
should be observed :
1. (i) There must be a separate office, (ii) There must
he a separate entrance, (iii) There must be separate
staff paid by the Building Society.
2. Neither the solicitor nor any member of his staff
shall act for any borrowers from the agency.
28th NOVEMBER 1974
The President in the Chair, also present were:
Walter Beatty, Bruce St. J. Blake, John F. Buckley,
John Carrigan, Anthony E. Collins, Laurence Cullen,
Joseph L. Dundon, Mrs. Felicity Foley, James R. C.
Green, Gerald Hickey, Christopher Hogan, Michael P.
Houlihan, Thomas Jackson, John B. Jermyn, Francis
J. Lanigan, John Maher, Ernest J. Margetson, Patrick
C. Moore, Patrick McEllin, Brendan A. McGrath,
John J. Nash, Peter E. O'Connell, Patrick F. O'Donnell,
James W. O'Donovan, David R. Pigot, Mrs. M. Quin-
lan, Robert McD. Taylor, Maurice Curran, W. D.
McEvoy, Thomas Shaw. The Director General was
also in attendance.
Solicitor's liability to Counsel for brief fee
A member wrote to the Society to know whether he
was liable to pay Counsel his brief fee in a case in which
he had informed Counsel he would be briefing him.
Counsel agreed to accept the brief. The following day
the case was settled before the actual brief had been
furnished to Counsel. In fact Counsel did not receive
the brief nor did he do any work on the case although
he pointed out to the solicitor that he was retained by
one side and was thereby precluded from acting for the
other side. The Council, on the report of a Committee,
directed the Assistant Secretary to write to the solicitor
stating that he would not in the circumstances be liable
for a brief fee, but he may be liable for a retainer fee
(if any).
Section 90 of the Housing Act, 1966
A member wrote to the Society complaining that the
Transfer Order under Section 90 of the housing Act,
1966, was drawn up by Local Authority officials and
not by solicitors. The Council, on a report of a Com-
mittee, directed the Assistant Secretary to write to each
Housing Authority referring to the Society's previous
letter of November 1971 and stating furthermore that
the Society would prosecute any offending Town Clerk
should evidence be furnished to the Society by mem-
bers. The Council also directed the Assistant Secretary
to write to the member asking him to furnish the
necessary evidence to maintain a prosecution.
Application by a solicitor to practise on a licensed
premises
A member wrote to the Society requesting to know
whether the Society had any objection to his office
being transferred and being situated in a licensed
premises. The solicitor stated he would not be running
a bar and the premises would be entirely converted to
the needs of his office. He stated that he was aware that
to comply with the licensing law he would have to
open the bar for at least one day in the year and that
he could come to some arrangement about this with the
local Garda. The Council, on a report of a Committee,
felt the Society should object to the solicitor having
his office on a licensed premises. They also felt that
the statement of law contained in the solicitor's letter
was not correct.
Irish Banks' Standing Committee
The Director General reported on a meeting with the
Banks' Standing Committee regarding the withdrawal of
the service in respect of guaranteed cheques. It was
clear from the discussion that while the Banks regretted
reducing their service, the risk which they carried in
respect of guaranteed cheques was such that they had
no option but to withdraw the service. It was clear
from the discussion that any suggestion of re-intro-
ducing the service for solicitors would not be accepted.
The position was noted by the Council.
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