The Gazette 1952-1955

report the Committee stated that Section 12 of the

Land Act, 1939, empowers the Judicial Commiss

ioner to direct that payments out o f the costs fund

be made either wholly or to a specified extent in

cash instead o f in Land Bonds. The Secretary

was directed to take the matter up with the Secretary

o f the Land Commission and to report to the

Council in due course.

Press Notices by Solicitors

Council considered on a report from a Com

mittee the notices which may be published by

solicitors in the legal and public Press in accordance

with the rules o f professional etiquette. The

opinion o f the Council for the guidance o f members

is printed in this issue o f the Society’s

azette

Election o f the Council for 1953-54

ursuant

to Bye-law 29 (

) the Council appointed

19th October, 1953, as the final date for receipt

o f nominations for the election o f the Council for

1953-54 and 19th November, 1953, as the date of

the ballot for the Council.

PRESS NOTICES BY SOLICITORS.

ouncil

have recently reconsidered on a

report from a Committee the question o f the Press

notices which may be published by solicitors in

accordance with professional etiquette. The ques

tion may be considered from jthe aspect o f

(a)

notices in the legal press and (

) notices in the

public press. There is as a rule no difficulty about

notices in the legal press but in the past it has not

been regarded as permissible to publish in the

public press such notices as change o f a solicitor’s

address or telephone number and other information

concerning the solicitor personally.

Having fully considered the matter the Council

have expressed the opinion that it is permissible

for a solicitor to make one insertion in each re

cognised Irish daily or local newspaper circulating

in the district in which he carries on his practice

of any o f the following notices :—

(a)

Change o f address or telephone number.

(b)

Commencement o f practice.

(

) Dissolution o f partnership.

provided that in any case the notice has not the

form or appearance o f an advertisement. A solicitor

commencing independent practice after dissolution

o f a partnership o f which he was a member may

publish one notice thereof in accordance with the

above conditions,

CIRCUIT COURT RULES.

Solicitor and own Client Costs

a recent taxation between solicitor and own

client before the Taxing Master under the new

Circuit Court Rules the point was made that, as the

Circuit Court Rules 1950 do not prescribe any

scale o f solicitor and own client costs, the Taxing

Master has no jurisdiction to award any more than

the ordinary party and party costs in accordance

with the schedule to the Rules. Order X L , Rule

16 o f the Circuit Court Rules, 1932, provided,

inter alia, that nothing in the Rules or schedules

o f costs should limit or affect the right o f a solicitor

to charge according to the ordinary solicitor and

client scale o f costs in force when the rules came

into operation. Order X L , Rule 28 provided

that costs as between solicitor and client were to

be taxed on the then High Court scale less one-third.

In the Circuit Court Rules, 1950 there is a curious

departure from the provisions o f the Circuit Court

Rules, 1932 relating to solicitor and own client

costs. Order 58, Rule 13 provides expressly that

nothing in the order or the schedule o f costs shall

limit or affect the right o f a solicitor to charge

costs as between solicitor and client for work done

or professional services rendered. There is, however,

no provision similar to Order X L , Rule 28 o f the

Circuit Court Rules, 1932, prescribing the scale

upon which solicitor and own client costs are to

be taxed. It may well be that Order X L , Rule 28

o f the Circuit Court. Rules 1932 was restrictive

and not enabling, and that the omission o f this

restriction from the Circuit Court Rules 1950 gave

the Taxing Master discretion to allow the full

High Court scale on the taxation as between solicitor

and own client o f a bill of costs for proceedings in

the Circuit Court.

Order 15, Rule 6 o f the Circuit Court Rules, 1950,

contains a new provision enabling the County

Registrar when directed by the Judge or empowered

by the rules to tax all bills o f costs, including costs

as between solicitor and client. _ It may well be

that this provision, giving the County Registrar

jurisdiction to tax as between solicitor and client,

applies only on an order o f the Circuit Court direct

ing payment by an unsuccessful party o f the costs

o f proceedings to be taxed as between solicitor and

client, and that the Rule does not apply to the

taxation o f costs between solicitor and own client,

i.e., on a requisition to tax outside court between

the client and his solicitor. Before 1950 the taxation

o f solicitor and own client bills of Circuit Court

proceedings was a function of the Taxing Master