186 / 338
questions sometime must arise as to whether the
solicitor is entitled to retain any of the papers.
Where costs are due by the client there is of course
a retaining lien on the client's papers but the question
is now considered on the assumption that no costs
are due. Generally speaking the principle is that the
client is entitled to drafts and copies made in the
course of business for which he has paid.
The
general principles are reasonably clear and are
stated in the
fourth edition of Cordery's Law
relating to Solicitors at page 403.
Where a solicitor is requested to hand over the
files of correspondence is he entitled to retain any
letters or copies on the file ? The answer appears
to be that letters received by a solicitor from his
client and copies of letters addressed by a solicitor
to his client are the property of the solicitor (re
Wheatcroft 6 Ch.D. 97).
Letters written to the
solicitor by third parties are the property, of the
client although copies of these letters belong to the
client only if he has paid for them (re Thompson
20 Beav. 545). Letters written by the solicitor to
other parties by the direction of the client, are the
property of the client (Howard
v.
Gunn 32 Beav.
462). The latter statement as printed in Cordery
is not very clear. Prima facie it would appear that
letters written by the solicitor to another party by
direction of the client are the property of the
addressee and the question really seems to be whether
carbon copies of those letters retained by the
solicitor belong to the solicitor or the client. There
has been no decided Irish or English case on this
subject since the introduction of typewriters.
In
Marshall
v.
MacAlister and others (1952 N.Z.L.R.
257) the Supreme Court of New Zealand decided
that a solicitor was liable to surrender to his former
client the correspondence file carbon copies of letters
had been written to two third parties on the client's
behalf.
Vouchers for payments made on the client's
behalf are his property. The Council have decided
that such vouchers include counsel's receipts for
fees paid.
Whether a solicitor can charge for preparing a
schedule or list of documents which he hands over
to his client depends in law on the question for
whose benefit the schedule or list is required.
Opinion 90 of the Council printed at page 578 of
the 1960 Calendar and Law Directory deals fairly,
comprehensively with the question of search and
scheduling fees. The Council have stated that as
regards valuable documents (i.e., documents of
title, wills, etc., specially entrusted to a solicitor for
safe custody) no search or other fee can be charged.
Where there is no claim for costs the client is
entitled absolutely to the documents. As regards
other documents not falling under the description
of valuable as defined above, a reasonable search
fee may be charged where the business to which
the documents relate has been concluded at least
one year previously. Those seeking further infor
mation on the subject should consult opinion 90.
ACQUISITION UNDER THE
LABOURERS ACTS
TAXATION OF COSTS
The Society has been in communication with the
Department of Local Government on the difficulties
caused by doubts as to the statutory authority of
the Taxing Masters of the High Court to tax costs
of acquisitions under the Labourers Acts since the
making of the Labourers Acts (Solicitors Remunera
tion) Order, 1957 (S.I. No. 144 of 1957). That order
provided that the special provisions of the Labourers
(Ireland) Orders 1912 and 1914 should cease to have
effect as respects business undertaken by a solicitor
on or after ist October, 1957. It was the intention
of the order that the taxation of costs after that date
would be carried out by the Taxing Masters instead
of by the special taxing officer under the Labourers
Acts. A letter has been received from the Department
of Local Government stating that the question of
giving the Taxing Masters of the High Court
statutory authority to tax these costs is now under
consideration in the Department of Justice. As
regards the arrangements to be made pending the
enactment of the proposed
legislation it is not
considered practicable to endeavour to revert to the
position which obtain prior to ist August, 1957 but
it is hoped to arrange that local authorities will deal
on an interim basis with outstanding bills of costs.
Wherever it has come to notice that bills of costs
are outstanding the Department has suggested to
the appropriate County Manager
to
consider
settlements without taxation or interim payments or
some other suitable arrangement to avoid any
possible hardship to solicitors. Letters have been
written on this basis to the County Managers of
Offaly, Clare, Longford, Galway and Kilkenny and
the Department will write to any other managers
on hearing that difficulties have arisen in their
areas with regard to payment of these bills of costs.
INDEX TO STATUTORY INSTRUMENTS
Published since August, 1959
AGRICULTURE, LANDS AND FISHERIES
SUBJECT MATTER AND REFERENCE NUMBERS
Agricultural and Fishery Products (Exports of Poultry and
Rabbits) (Temporary Amendment)—-188/1959.
Agricultural Wages (Minimum Rates)—32/1960, 33/1960.