217 / 266
The following was among the business transacted :
Appearance o f counsel at non-judicial
tribunals.
A
t
a meeting o f the Joint Committee with the Bar
Council, the Society’s representatives had submitted
that the Bar should not insist on the briefing 0f
junior counsel with senior at hearings by non
judicial tribunals, such as the Fair Trade Commission,
Special Commissioners for Income Tax, etc. The
Secretary reported that he had received a letter from
the Hon. Sec. o f the Bar Council saying that the
General Council o f the Bar had appointed a sub
committee to consider the revision and clarification
o f the rules o f the Bar as to the question o f senior
counsel appearing without a junior at such tribunals
and that the decision o f the General Council of the
Bar on the matter would be communicated in due
course.
High Court on Circuit.
A
resolution
was passed recommending the altera
tion o f the present times o f sittings o f the High
Court on Circuit, now held in the months o f March
and July, to the months o f March and October, or
to such other times as will provide equal half-yearly
intervals between the sittings. The Society’s repre
sentatives on the Superior Courts Rules Committee
were asked to bring the matter to the notice of
the Chief Justice, the President o f the High Court
and the Rules Committee.
Discretion o f solicitor to employ counsel.
T
he
Council were asked whether a solicitor has
discretion without express instructions from the
client when acting on a general retainer, to seek the
advice o f counsel if he thinks it necessary, and
whether counsel’ s fees will be allowed on taxation
if employed without the client’s instructions. A
Committee to which the matter had been referred
reported that in their opinion, except in cases in
which the retainer o f counsel is necessary, e.g., a
High Court action, a solicitor acting on a general
retainer from a client is not entitled without instruc
tions from the client to seek the advice o f counsel.
If counsel is employed in such a case without
instructions his fees will probably not be allowed
on taxation if opposed. The Council adopted the
Committee’ s report.
Payment o f medical, hospital and other
expenses.
T
he
Council considered
a
report from
a
Committee
on the following question o f professional practice
and-etiquette submitted by a member. Doctors and
hospital authorities look to the plaintiff’s solicitor
for payment o f sums due to them in cases in which
damages are recovered. Usually a successful plaintiff
will allow the solicitor to pay these accounts, but
sometimes a plaintiff demands payment o f the entire
compensation, and states that he will deal with the
hospital and doctors himself. There may be reason
to suspect that the plaintiff will not pay the accounts
in full, although they have been used for the purpose
o f reaching a settlement or obtaining a verdict. I f
the accounts are not paid, the creditors will blame
the solicitor, and his reputation may suffer as well
as the general standing o f the profession. Member
asked whether in the opinion o f the Council it would
be unprofessional for the solicitor to pay the accounts
himself, irrespective o f the wishes o f the client where
he is satisfied that they are legally and morally
^he Committee in their report, which was
adopted by the Council, stated that in any case in
which damages are assessed and paid on the basis o f
specific claims for hospital, medical, or other pro
fessional fees, it is not unprofessional for the solicitor
for the successful claimant to pay these expenses at
his own risk as to legal liability towards the client,
if the validity o f the payment is disputed. The
Committee merely expressed an opinion on the
question o f professional practice and etiquette and
expressed no view on the legal question o f civil
liability towards the client.
ENTRIES IN DIRECTORIES.
I
n
the opinion of the Council, there is no objection
to the insertion o f a solicitor’s name and address in
a Directory (including a legal directory) provided
that it is open to the whole profession (or as the
case may be to all local solicitors) and that the entry
has not the form or appearance o f an advertisement
for the solicitor.
Examples o f entries which in the view o f the
Council are objectionable are those which include
non-legal appointments, the names o f clients for
whom a solicitor acts, the names o f solicitors or
firms for whom he acts as professional agent, a
description o f the particular type o f work which he
is willing to undertake, such as conveyancing or
advocacy or the statement “ practising in local
Courts,” or languages in which correspondence will
be conducted.
It is, however, permissible to publish in such an
entry the name o f one referee for the solicitor or
his firm as the case may be. The year o f admission
of a solicitor, or in the case o f a firm o f each partner
may also be stated together with the usual postal
and telegraphic information.
3.9