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paring of affidavits and also as to the costs of
transmission on intestacy to include preparing deed
of release. Reference was made to clause 10 (i) (iii)
of the Land Registration Costs Rules 1954. The
Council on a report from a Committee express the
view that the appropriate charges are as follows :—
(1) registration of grant of probate or letters of
administration and work incidental thereto,
two and one third times the charges prescribed
by clause 2
(t)
S.R.G.O. 1884 in accordance
with clause 10 (2) Land Registration Solicitor
Costs Rules 1954.
(2) transfer by the personal representatives to a
beneficiary the scale charges in the second
schedule Land Registration (Solicitors Costs)
Rules 1954.
(3) deed of release from the beneficiaries to the
personal representatives the same charges as
in (i) above.
Restrictive conditions of sale
A Committee of the Council submitted a report
on a number of complaints received from members
as to the inclusion in agreements for sale or con
ditions of sale of clauses in unduly restricting the
right of the purchaser to obtain a marketable title.
In some cases vendors sought to impose on the
purchasers the whole or part of the vendors' costs
of deducing title.
It was decided to draw the
attention of members to the statements already
published in the Gazette that agreements which
unduly restrict the right of the purchaser to inves
tigate the title or throw the whole or part of the
vendor's costs on the purchaser are not in the
interests either of the profession or the public. Such
practices result in criticism of solicitors' charges,
and make it difficult to justify the commission
scale fee.
On a particular question submitted the Council
decided that the contract should not deprive the
purchaser of the right to a sealed and certified copy
of the land registry folio or a certified copy of a
superior lease containing restrictive covenants. Both
these documents should be furnished by and at the
expense of the vendor.
Advertisements
by
builders
A Committee reported that a news feature in one
of the Dublin evening newspapers relating to the
sale of newly built houses
in Dublin included
statements with reference to the costs which might
lead to a contravention of the provisions of the
Solicitors' Act 1954 (Professional Practice Conduct
and Discipline) Regulations 1955.
Article
5
of
the Regulations provides
that a solicitor shall
not directly or indirectly. ... do in connection
with his practice any act or thing which can reason
ably be regarded as advertising or as calculated
unfairly to attract business and that a solicitor shall
not permit to. be done on his behalf in connection
with his practice or by a client for whom he proposes
to act anything which if done by the solicitor
himself would be a breach of the regulations, and
further provides that it is the duty of a solicitor to
make reasonable enquiry before accepting instruct
ions, either from the client or any person dealing with
the client, for the purpose of ascertaining whether the
acceptance of such instructions would involve a
breach of the regulations. The news feature and
some of the advertisements published in connection
with it contained statements calculated to suggest
to purchasers that the vendor or lessor would pay the
costs of the purchaser—lessee.
This was
stated
not so much directly as by implication. The Council
considered that the news feature and advertisements
are objectionable and letters were sent to solicitors
who are believed to act for the builders in question
drawing their attention to the regulations, and in
particular to the obligation to make reasonable
enquiries under
regulation
5
before accepting
instructions. None of the solicitors had been con
sulted or were parties to the advertisement or news
features.
Solicitor and insurance broking firm
On a report from a Committee the Council stated
that it is unprofessional for a solicitor to allow his
name and professional description to appear on the
business notepaper of a limited company carrying
on business as insurance brokers of which he is a
director. No reference should be made on the firm's
notepaper to the solicitor's professional occupation.
Professional undertaking
The solicitors for a defendant in an action which
was referred to arbitration gave an undertaking
to pay the plaintiff's costs of the statement of
claim in the following terms. " We wish to advise
you that our clients are agreeable to pay the costs.
We will give you our undertaking
regarding
payment of these and would suggest a fee of £X."
The fee was not agreed at the time. The arbitrator's
award was in favour of the defendants.
The
arbitrator decreed
that each party should bear
his own costs and should each be responsible for
one half of the arbitrator's fee.
The defendant's
solicitors paid the whole of the arbitrator's fee, and
the Council were asked to state whether they could
set off one half of the said fee against the amount of
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