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Change of Solicitor. Payment of Counsel
MEMBERS acted for a plaintiff in High Court pro–
ceedings for whom another solicitor had been on
record. The last-mentioned solicitor terminated his
own retainer for what seemed to him to be good
and sufficient reasons. This solicitor holds the
papers and claims a lien for his costs. Members
inquired whether they would be acting properly in
making a copy of the proceedings from the High
Court file and paying to counsel direct, the fees
for work already done in the action on the instruc–
tions of the first solicitor. The Council, on a report
from a Committee, stated that where a
solicitor
discharges his own retainer the client or his new
solicitor is entitled to a summary order, not merely
for inspection or production, but for delivery of
papers on an undertaking to hold them without
prejudice to the former solicitor's lien, and if
necessary subject to an undertaking to prosecute the
action. They further stated that in their opinion
there was no objection to the course suggested by
members, but that, before paying counsel his fees
direct, they ought to notify the first solicitor and
give him an opportunity of receiving the money on
an undertaking to pay the fees.
Liquor Licence in Solicitor's name
A MEMBER enquired whether he would be entitled
to take out a liquor licence in his name for a client
-who is the owner of a hotel. There is at present no
permanent manager. The Council, on a report from
a Committee, stated that there would be no objection
in the special circumstances to member's obtaining
a licence in his name until the next licensing sessions.
If, for any special reason, he wished to renew the
licence in his name, a further application should be
made to the Society.
Caveat. Greater part of estate in England
A MEMBER wrote asking for guidance in the following
circumstances :
AB died domiciled in Ireland, but leaving assets
consisting entirely of British securities. The solicitor
for the executor applied for and obtained repre–
sentation in England and duly administered the
estate. It then transpired that the solicitor for BC,
one of the next-of-kin, had entered a caveat in the
Dublin Probate Registry of which the solicitor for
the personal representative had no knowledge.
Member asks whether, (i) the personal representative
of AB was under any legal liability to BC ;
(2) EC's
solicitor was under any legal liability to BC in an
action for negligence. It was pointed out that the
same position could arise where the estate of the
deceased consisted of a small amount of assets in
Ireland with the greater part of the estate in Britain.
The Council, on a report from the Committee,
stated that the questions submitted by member were
questions of law, and that the Council was not in a
position to answer them. They stated, however,
that they were aware that for reasons of convenience
the will of a testator who dies domiciled in Ireland
is sometimes proved first in London. The Council
were of the opinion that if a solicitor instructed to
oppose probate has reason to believe
that
the
deceased left assets in England or elsewhere, it
would be prudent to enter a caveat in any place
where there are substantial assets, as well as in
Ireland.
Rates assessed on premises occupied by
charities
CORRESPONDENCE was published in the issues of the
Gazette
for July, August-September, and November,
1957 on the subject of the hardship imposed on
landlords who are in receipt of small rents from
premises occupied by charities from the assessment
of rates on the half-rent. This is particularly severe
if the property is sold to a charity many years after
the date of the lease. It could have been avoided
by careful drafting of the covenants in the lease
in the first instance but in many cases the covenants
are not sufficiently comprehensive. Acting on a
report from a Committee it was decided that the
Society should take the matter up with the Depart–
ment of Local Government, and that Mr. P. A.
O'Donnell, T.D., a member of the Council should
be asked to make representations to the appropriate
Minister. The Committee recommended that legis–
lation should be sought abolishing assessment of
rates on the half-rent where premises are occupied
for public or charitable purposes. The grounds for
this view are the hardship imposed on the owners
of rents mentioned in the circumstances stated in
correspondence which has already appeared in the
Gazette,
and, furthermore, that the amendment of
the law in the manner suggested would not result
in any serious loss of revenue to local authorities.
Solicitors' Accounts Regulations.
THE attention of members is drawn to the fact that
all the provisions of the regulations will be
in
operation from ist July, 1958.
ORDINARY GENERAL MEETING
A GENERAL meeting of the Society was held in the
library onThursday, 8th May, 1958. The President,
Mr. John Carrigan, took the Chair. The notice con–
vening the meeting was, by permission, taken as read.
The minutes of the Ordinary General Meeting
held on zist November, 1958, were read, confirmed