214 / 338
Costs of extraction of grant in Northern
Ireland
A member instructed a Northern Ireland solicitor
to act on his behalf on the usual agency basis in
passing a schedule of assets and lodging the papers
leading to a grant in the Probate Office, Northern
Ireland. The forms were obtained by the Northern
Ireland solicitor and compiled by members. The
schedule of assets was subsequently passed by the
Northern Ireland solicitor with the Estate Duty
Office in Belfast and he then lodged the papers and
obtained the Northern Ireland grant. The Northern
Ireland solicitor subsequently submitted a bill for
£53 33. od., being £3 35. od. for work under the
Finance Act and £50 os. od., the scale fee under the
Supreme Court Rules (N.I.) 1958 for extracting
grants of probate, the value of the estate being
£29,853 os. od. The Council was asked by member
for an opinion as to
(a)
how the costs should be
computed and (&) how the fees should be divided
between the Northern Ireland solicitor and member.
The Council were of the opinion that as the work
related to the extraction of a grant of probate in
Northern Ireland the Northern Ireland scale applies
and that as the greater part of the work contemplated
by the scale fee was performed by member and as
the Northern Ireland solicitors merely acted in con
nection with the passing of the schedule of assets and
the lodgment of the papers in the Probate Office,
Northern Ireland a fair division of the fee would be
two thirds to member and one third to the Northern
Ireland solicitor in the circumstances of the case.
Solicitors' operating expenses
On a report from the Policy Committee the
Council appointed the President with Messrs. Ralph
Walker, Eunan McCarron, Brendan A. McGrath
and James J. Hickey (Messrs'. Walker and Hickey
being the Society's representatives on the Superior
Courts Rules committee) as a special committee to
formulate proposals for the simplification of the
rules and schedules of costs in contentious and non-
contentious matters and a review of procedure in
Government and Court offices and in solicitors'
offices with
the object of reducing operating
expenses.
Legal aid on assignments in murder cases.
The Costs Committee reported that a communica
tion has been received from the Attorney General's
office stating that the Minister for Finance had
published the following scale of fees for counsel and
solicitors :
Senior Counsel, brief fee increased from 20 guineas
to 25 guineas. Refreshers increased from 10
guineas to 15 guineas.
Junior Counsel, brief fee increased from 14 guineas
to 17 guineas.
Refreshers increased from 7
guineas to 10 guineas.
Dublin solicitor, assignment fee increased from 10
guineas to 13 guineas.
Refreshers increased
from 3 guineas to 4 guineas.
Country solicitor assignment fee increased from 14
guineas to 18 guineas.
Refreshers increased
from 4 guineas to 6 guineas.
The committee were of the opinion that the fees
allowed to solicitors are merely token payments and
they reported that proposals should be made to the
Attorney General and the Minister for Finance that
the basis of the solicitors fees should be changed so
that solicitors will obtain some reasonable com
pensation for the time spent and direct and indirect
expenses incurred in conducting the defence on the
capital charge. The Council adopted the committee's
report and the President and Mr. James J. O'Connor
were appointed as a deputation.
Accountant's office High Court
A report was received from the Court and Offices
Committee stating that the President of the High
Court had informed a deputation that all payments
out of Court directed down to July 3 ist will be made
during the month of August. No orders for payment
will be made during the vacation.
Hire Purchase (Amendment) Bill 1957
The Costs Committee reported that the Dublin
Solicitors Bar Association and the Southern Law
Association had been asked to draw up proposals
for new scales of costs in the Circuit and District
Courts for submission to the rule making bodies
consequent upon the increase in the jurisdictions of
these Courts proposed under the Bill.
State Solicitors
On a report from a committee the Council decided
to issue the following statement:
(a)
a State solicitor,
his partner or a qualified assistant in his office should
not, in the opinion of the Council, appear for a
defendant where a summons is issued by the Gardai
or the Attorney General, e.g., under the Road
Traffic Acts, or the Intoxicating Liquor Acts ;
(b)
There is no objection where the prosecution is not
by the State, to the State Solicitor's acting for a
defendant charged with a minor offence, such as
abusive language or assault merely by reason of the
fact that a member of the Garda Siochana may be