260 / 338
Employment of press reporter as law clerk
On .the question submitted by a committee the
Council replied that a solicitor should not employ
in his office as a law clerk a person who reports
Court cases for the newspapers.
Solicitors' Remuneration Order General
Order 1960
The Secretary stated that a general order made by
the statutory body under the Solicitors' Remunera
tion Act 1881 dealing with costs of non-contentious
business, other than business to which the com
mission scale fee applies, was laid before each house
of the Oireachtas and would come into operation on
the expiration of a statutory period of one month
from the first sitting day of the Dail and Seanad.
Costs of High Court proceedings
The Secretary stated that a memorandum and
draft scale of costs of proceedings in the High Court
had been sent to the Superior Courts Rules Com
mittee for consideration. One of the chief objects of
the memorandum and draft scales of costs is to
simplify bills of costs by reducing the number of
items.
At an adjourned meeting of the Council held on
October I3th the report of the Court of Examiners
on the results of the second and third law examina
tions was adopted and the results were declared.
The Council also awarded the Overend and Findlater
scholarships.
October zyth : The President in the Chair, also
present Messrs. Arthur Cox, John Maher, Eunan
McCarron, Augustus Cullen, Frank Armstrong,
Thomas A. O'Reilly, Reginald J. Nolan, Francis J.
Lanigan, Dinnen B. Gilmore, James J. O'Connor,
George G. Overend, James R. Green, Peter D. M.
Prentice, John J. Shell, Patrick Noonan, Gerald Y.
Goldberg, Thomas V. O'Connor, George Nolan,
James W. O'Donovan, Niall S. Gaffney, Dermot P.
Shaw, John Carrigan, John R. Halpin, Ralph J.
Walker, Cornelius J. Daly, Terence De Vere White,
John B. Jermyn, Peter E. O'Connell, John Kelly.
The following was among the business trans
acted :
Taxation of costs under the Labourers Acts
The Secretary reported that arrangements have
been made with the Department of Local Govern
ment that county managers will be asked to settle
bills of costs without taxation pending the solution
of difficulties which have arisen in regard to taxation
of such bills.
Part-time legal agencies
The council adopted a report from a committee
on the subject of the employment by solicitors of
legal agencies offering clerical services on a part-
time basis. The report is printed at page 54 of this
issue.
Offer to undertake professional business at
less than the commission charges
Information submitted by the Secretary to a com
mittee were considered and it was decided to refer
the matter to the Registrar's Committee for con
sideration and any appropriate action.
Medical witnesses' fees
A committee
reported to the council on the
following facts : Members acting for the defendant
in proceedings in a local Circuit Court asked a
medical witness to attend to give evidence and
accepted responsibility for his fees. The witness was
also summoned to attend Court on subpoena by the
plaintiff's solicitor who paid a fee of £15 i;s. od.,
with the subpoena. He attended and gave evidence
and the action was dismissed with costs against the
plaintiff. He subsequently sent a bill for 40 guineas to
the defendant's solicitor giving credit for £15 155. od.
received from the plaintiff's solicitor. The County
Registrar allowed a fee of 25 guineas for the witness
as sufficient and deducted 15 guineas certifying for the
balance. The distance travelled by the witness was 36
miles and the case was finished before the luncheon
interval. Member asked for the guidance of the
Society as to whether he was personally liable for
25 guineas being the sum of 40 guineas claimed less
the amount paid by the plaintiff's solicitor. The
council adopted a report from the committee which
stated that
(a)
member was personally liable on his
undertaking to pay a reasonable fee and
(b)
the sum
of 25 guineas fixed by the County Registrar was
reasonable;
(c~)
member was liable for 25 guineas
with credit for 15 guineas already paid by the
plaintiff's solicitor.
Change of solicitor
A member of a trade union retained the solicitor
for the trade union to act for him in common law
proceedings for damages. He subsequently decided
to instruct other solicitors who asked for the papers.
The first solicitor offered to hand them over on
receipt of a cheque for £15 155. od., costs to date
and was unwilling to accept the personal under
taking by the second solicitor instructed. The latter
enquired whether there was any professional objec
tion to his proceeding with the case without pro
viding for the first solicitor's fees. The client is
without funds. The council on a report fronj a
48