143 / 266
The Council, on a submission to arbitration, held
that the surrender was in ease o f the lessees, who
were unable to comply with covenants in the lease
and that they should pay the costs o f the surrender.
Commission Scale Fee. Searches.
A
M
ember
enquired whether a solicitor for a vendor
is entitled to charge the commission scale fee if the
property is sold under conditions which provide
that any searches required shall be made by the
purchaser at his own expense. The Schedule to
S.R.G.O. 1947 provides that the vendor’s com
mission scale fee is for work which includes fur
nishing necessary searches. The Council expressed
the opinion that where an agreement for sale provides
that searches will be obtained by and at the expense
of the purchaser they are not necessary as far as the
vendor’s solicitor is concerned and that he is entitled
to charge the commission scale fee against the
vendor. The extra work o f obtaining the searches
will be performed by the purchaser’s solicitor
without any extra fee.
2 6
th
N
ovember
,
1953. The President in the Chair.
Also present, Messrs. John Carrigan and James J.
O’Connor, Vice-Presidents; Patrick F. O’Reilly,
George G. Overend, Ralph j . Walker, William J.
Norman, Joseph P. Tyrrell, Patrick R. Boyd, Gerald
J. O’Donnell, Louis E. O’Dea, Henry St. J . Blake,
Desmond J . Collins, Francis J. Lanigan, John R.
Idalpin, Nathaniel Lacy, Joseph Barrett, Edmund
Hayes, John J. Nash, Peter E . O’Connell, John
Maher, Cornelius J. Daly, Sean O hUadhaigh,
Thomas A. O’Reilly, Arthur Cox, Desmond J.
Mayne, John J. Sheil, George A. Nolan.
The following was among the business transacted
Vendor acting for himself.
T
he
Council were asked to express an opinion as
to the proper professional practice where a solicitor,
acting for a prospective purchaser, was instructed
by his client to deal with the vendor direct. The
vendor was known to have had a solicitor but had
discharged his retainer and stated that he intended
to act for himself. The Council expressed the
opinion that the purchaser’s solicitor was not
entitled to require the vendor to retain a solicitor
and that he must deal with the vendor in accordance
with the instructions o f his client, the purchaser,
but that it would be desirable that he should confine
himself to acting for the purchaser and that he should
avoid doing any work that would normally be
performed by a solicitor acting for the vendor.
Clients’ privilege. Attempted fraud.
M
ember
acted for the personal representative o f a
beneficiary o f an estate being administered
by
the
Court. For the purpose of qualifying for a share of
the estate the beneficiary had for years pretended to
be a widow but was in fact, unknown to member, a
spinster. By this deception she had wrongfully
received a payment out of the estate in 1925 and her
personal representative would receive the balance
unless the true facts were disclosed. Member asked
whether in the opinion o f the Council it was his
duty as an officer of the Court to disclose the facts
to prevent a miscarriage of justice. The Council
expressed the opinion that as an officer o f the Court
member was bound to disclose the facts in order to
prevent fraud even against the client’s instructions.
Election o f the Council for 1954-55.
i8
th
O
ctober
,
1954 was appointed as the final date
for receipt of nominations for the election of the
Council for the year 1954-55 and 18th November,
1954 was appointed as the date of the ballot.
WATERFORD LAW SOCIETY
A
L
ecture
on Death Duties was given by Mr.
F. H. Caruana, Controller o f the Estate Duty Office,
to members o f the Waterford Law Society at the
Grand Hotel, Tramore, recently. The lecture was
followed by an interesting and informative dis
cussion lasting several hours. Members o f the
Tipperary Bar Association also attended.
THE DUBLIN SOLICITORS’
BAR ASSOCIATION
T
he
following are the President and Officers for the
year 1953-54:—President, Timothy Kirwan ; Vice-
President, C. J. Vanston; Hon. Secretary, Eunan
McCarron ; Hon. Treasurer, Desmond A. O’Con
nor ; Council, A. E. Ashton, Francis Connolly,
John Cullen, Joseph Hughes, Leslie Kearon, Patrick
B. McCarthy, B. J. McGarry, Rory O’Connor,
David Pigot.
The Annual Dinner o f the Bar Association will
take place at the Hibernian Hotel, on 1 2th December,
1953, at 7 o’clock. Members’ subscriptions amount
ing to Fifteen Shillings (15/-) for the year 1953-54
are now due.
THE SOUTHERN LAW
ASSOCIATION
T
he
Annual General Meeting o f the above Associa
tion took place on Thursday, 19th November, 1953.
The following officers were elected for the year
I
953
"
54
-
President, Edmund Flayes ; Vice-
President, John J. Horgan, LL.D . ; Hon. Secretary,
Gerald J. Moloney; Hon. Treasurer, Denis j.
Quinlan; Council, Messrs. T. A. Buckley, John K.
Coakley, Cornelius J. Daly, Cecil H. Exham, John
Francis Foley, John B. Jermyn, P. J. Kavanagh,
55