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T
he
Council expressed the opinion that, as a
matter o f professional etiquette (apart from the
question of law with which the Council were not
concerned), AB was liable only for the sum of
£44 15 s. 6d. in respect of the business in which
he himself instructed the solicitors. This opinion
was based on the fact that AB did not take over
the name o f CD, but continued practising under
his own name only. The privity of AB with the
English solicitors arose only from the fact that
he instructed them on fresh business after taking
over the practice of CD, which, in effect, amounted
to taking over the lease of the premises and the
office books and papers. I f he had continued the
practice under CD’s name, with or without the
words “ and Co.,” different considerations might
arise. The professional obligation o f AB to pay
the sum o f £58 5s. n d . continued.
Solicitor acting as Secretary for a Building
Company
A
m e m b e r
was asked to act as a Secretary of a
building development Company in course of
formation and to allow his office to be used as
the Company’s registered office. He wished to
know whether this was open to objection. On a
report from a Committee the Council decided that
there is no objection to members acting as
Secretary to the Company subject to the following :
(i) he should not be described as a solicitor
on the Company’s notepaper;
(ii) no reference should be made on his office
notepaper to the fact that he is Secretary
to the Company;
(iii) he may act as solicitor for the Company in
conveyancing transactions, but should not
act for lessees or purchasers from the
Company.
There is no objection to the use of member’s office
as the registered office o f the Company or the
display of a suitable plate with the Company’s
name.
Agency Commission
F
irm
A acted as agents for firm B, of Belfast, on
the usual agency terms for the conduct of an
action in Dublin. After termination of proceedings
A ’s costs were drawn by a cost drawer not in
the wholetime employment of the firm, and he
was paid a fee for his services. Firm A maintain
that the cost drawer’s fees should be deducted
from the profit costs before ascertaining firm B ’s
one-third agency, on the ground that the cost
drawer is a specialist, and that his work is not
included in the ordinary services rendered by a
solicitor in the course o f an action.
Firm B
maintain, that the drawing and taxation of the
bill is solicitors’ work, and that the agency com
mission should be calculated on the gross profit
costs before deducting the cost drawer’s fee.
On the facts submitted the Council held, as between
the parties, that the agency commission should be
calculated on the gross professional costs without
regard to the fee paid to the cost drawer.
Joint Committee with the Bar Council
T
h e
Council considered a letter from the General
Council of the Bar o f Ireland welcoming the
suggestion for the establishment o f a joint consulta
tive body between the Bar Council and the Society,
and suggesting that the Joint Committee should
consist o f three members from each Council. It
was decided that the members o f the Joint Com
mittee from the Council of this Society should be
appointed after the election of the new Council on
November 20th.
SOLICITORS’ REMUNERATION.
LAND REGISTRY CONVEYANCING
T
he
following is a copy o f the Society’s application
to the Land Registration Rules’ Committee :—
Ref. C/42/52.
11
th June,
1952.
D
ear
S
ir
,
The Council, on behalf of the profession, wish
to make the following submissions to the Land
Registration Rules’ Committee.
The application
deals separately in the following paragraphs with
the following matters :—
1. The scale fee on sales and purchases of
registered land where equities have not been
discharged.
2. The scale fee on sales and purchases of
registered land where equities have been
discharged.
3. Costs of transfers, other than transfers on
sale, by a registered owner or his personal
representative.
4. Item charges in detailed bills for work in
respect o f registered land, other than sales
and purchases.
33