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GAZETTE
MAY 1978
SOCIETY OF YOUNG SOLICITORS SECTION
Preparation and Taxation of
Solicitors' Costs
At the Spring Seminar of the Society held in the Great
Southern Hotel, Killarney, on Sunday, 8th April, 1978,
Mr.i Anthony P. Behan delivered a lecture on the
Preparation and Taxation of Solicitor's Costs. He
suggested at the commencement of his lecture that in the
time alloted to him he could only scratch the surface of
the topic but in fact he skilfully managed to do much
more.
Non-Contentious
Solicitors' costs in non-contentious matters are
governed by the Solicitors Remuneration Order 1960
which specifies twenty-one items of charge. The General
Order 1960 came into operation on 1st December 1960.
There was a percentage increase of 12% by the Solicitors
Remuneration General Order 1964, which became
operative on 1st August 1964. The charges were
decimalised by the Solicitors Remuneration General
Order 1970. There was a percentage increase of 20% by
the Solicitors Remuneration General Order 1972 which
became operative on 17th May 1972. There has been no
increase since then.
' The items of charge as specified in the 1960 Order with
the permitted percentage increases to date are as follbws:
1. Instructions Fee
Discretionary
2. Drawing Deeds, Wills, Powers of
Attorney, Bonds, Memorandum and
Articles of Assocition, Cases for
Counsel, Regulations, Bye-laws,
Agreements, Notices, Requisitions
and other documents not specifically
excluded per folio (a folio contains 72
words)
41p
3. Drawing Abstract of Title, Requisi-
tions for Searches and Schedules of
Deeds or Documents per folio
17p
4. Engrossing, per folio
13p
5. Copy per folio
7p
6. Carbons or duplicated copies, per
folio
4p
7. Perusing (where not allowed for in
the fee for instructions) Deeds, Wills,
Powers of Attorney, Bonds, Memor-
andum and Articles of Association,
Cases for Counsel, Regulations, Bye-
Laws, Requisitions, Searches, Agree-
ments and other documents not
specifically excluded, newly drawn
and fair copied and submitted by or
on behalf of another party for
examination, approval or agreement
of their contents, per folio
20p
8. Perusing Accounts and Rentals —
per hour
£1.34p
9. Perusing Abstracts of Title, per folio
4p
10. Comparing any Deed or Instrument,
per folio
4p"
11. Certifying any Deed, Instrument or
writing
5Op
12. Attendance in the Solicitor's Office
for the first \ hour
£1.34p
13. Attendance in the Solicitor's Office
for each subsequent -J- hour
£1.01p
14. Attendance outside the Solicitor's
Office in Ireland — for each half
hour
£1.34p
15. Attendance outside Ireland — per
day
£25.40p
16. Attendance outside Ireland — when
engaged less than one day £4.03 per
hour, provided that the total shall not
exceed £25.40 (time occupied in
travelling, except outside Ireland
between mid-night and 8 a.m. to be
reckoned as if employed on busi
:
ness).
In addition to the charges prescribed,
the reasonable personal and traveling
expenses are to be allowed.
17. Writing, signing, answering letter,
not exceeding 1 folio
50p
Exceeding 1 folio
67p
18. If several letters or circular of the
same import:
For the
first
41p
19. Carbon copy of letter to send
17p
20. Registration of Deed
£4.70p
21. Any other work done not herein-
before mentioned:
Such fee as may be fair and reason-
able having regard to all the circum-
stances of the case, including
analogous items in this scale.
There is a note to the 1960 Order that if, having regard
to all the circumstances of the case, including the com-
plexity of the matter, the novelty of the questions raised,
the skill, labour and responsibility of the Solicitor, the
amount involved and the importance of the matter to the
client, it is reasonable to do so, the charges specified in the
Schedule may be varied. In practice however there is
rarely any increase or reduction in the schedule charges
and the nature of the particular transaction is more likely
to be reflected in the instructions fee.
The instructions fee is to be such sum as may be fair
and reasonable having regard to all the circumstances of
the case including:
(a) The complexity, importance, difficulty, rarity or
urgency of the questions raised.
(b) Where money or property is involved its amount or
•value.
(c) The importance of the matter to the client.
(d) The skill, labour and responsibility involved therein