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Solicitors to bodies corporate
The Council considered on a Report from the
Court of Examiners applications from two whole-
time solicitors to bodies corporate for permission to
take apprentices under section 29 of the Solicitors
Act.
In one case the application was granted in
special circumstances disclosed. The other applica
tion was refused.
Ambulance chasing
The Council considered a draft regulation sub
mitted by a Committee to be made under section 71
of the Solicitors Act, 1954. After discussion, the
matter was referred back to the Committee for
further consideration.
Solicitors acting for both parties in convey
ancing matters
The following resolution received from a Bar
Association was considered on a report from the
Committee.
This meeting being satisfied thatitis in the common
interests of the general public and solicitors'
'profession that the practice of a solicitor acting for
both vendor and purchaser in certain conveyancing
transactions, is dangerous and undesirable and should
be curtailed or prohibited, resolved that the Council
of the Incorporated Law Society of Ireland be and is
.hereby requested to consider the matter, and if
satisfied that it is desirable practicable to curtail
or prohibit such practice, to introduce a rule to
implement such decision.
It was decided that a circular should be sent to
each of the Bar Associations to ascertain their views
and that no action will be taken until all com
munications received from the Associations have
been considered.
Contemplated fraud by client.
Duty of
solicitor
A member acted for a client who was registered
in 1925 as the owner of certain lands for the purpose
of administration of the estate of his father, the
previous registered owner. The client now wishes
to transfer the lands to his own son and the only
method will be to obtain the consent of the next-of-
kin to the transfer, or to sell the lands in the course
of administration for full value. The client wishes
to take the second course. Member is aware that the
client will, as a private arrangement, return the
amount of the cheque to his son after the latter's
title has been registered, thereby committing a fraud
on the beneficiaries. Member will have 110 connection
with the transaction after the conveyancing business
has been finished, but he wishes to be advised as to
his professional position, having regard to his
knowledge of the client's intention. An administra
tion bond was issued by a private person to guarantee
the due administration of the estate.
In reply to a
request for guidance the Council on a report from
the Committee stated that member should insist
either
(a)
that the proceeds of the sale should be paid
to him for distribution to the beneficiaries, or,
alternatively
(b)
should notify the administrator that
he will refuse to act and will notify the bondsmen
and the beneficiaries.
If the sale does take place
through member, he should notify the bondsmen
and the beneficiaries of the price and the circum
stances, and the client should be advised thereof in
advance.
Formation of limited companies by un
qualified persons
On a report from a Committee, it was decided
that particulars of any cases received by the Secretary
of-the formation of companies by unqualified persons
contrary to section 58 of the Solicitors Act, 1954,
should be submitted to the appropriate Committee
for action.
Lectures by solicitors
On a report from a Committee, the Council stated
that there was no professional objection to the
delivery by a member of a lecture on a legal subject
in a Workers College for trade unionists, and the
publication of the lecture for members ofthe College
in a brochure, giving member's professional qualifi
cation.
FEBRUARY IOTH :
The President in the Chair. Also
present, Messrs. Thomas A. O'Reilly, Desmond
Moran, Charles Hyland,
James B. MacGarry,
Desmond J. Collins, George A- Nolan, Niall S.
Gaffney, John R. Halpin, George G. Overend, John
Maher, James J. O'Connor, Eunan McCarron,
Augustus Cullen, Robert McD. Taylor, Terence De
Vere White, Francis J. Lanigan, Peter E. O'Connell,
James R. C. Green, Dinnen B. Gilmore, Cornelius
J. Daly, John Carrigan, Arthur Cox, Peter D. M.
Prentice, James W. O'Donovan, John J. Shell, John
J. Nash, Reginald J. Nolan, Patrick Noonan.
The following was among the business transacted:
Practising certificates
It was decided to draw the attention of members
to the fact that the clients of a solicitor who practises
without a certificate are not protected by the Com
pensation Fund. Under section 21 of the Solicitors
(Amendment) Act, 1960, the Society has a discretion
to make or refuse to make a grant in such cases in
respect of any losses suffered which would other
wise give rise to a claim against the Fund. It was
decided that members should be advised to display