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John Carrigan, Ralph J. Walker, R. McD. Taylor,
Dermot P. Shaw, Peter E. O'Connell.
The following was among the business transacted :
Final Examination and Scholarships. Trans
itional Arrangements
On a report from the Court of Examiners it was
decided that candidates at the present Final Exam
ination (which will continue until Summer 1960
when the new Second and Third Law Examinations
will be substituted) will be exempted from subjects
passed at the First Law Examination (i.e., the law
of contract property and tort) but that candidates
availing of this exemption will not be eligible for
scholarship or medal awards. The exemption is in
the theory papers only.
It does not apply to the
questions on conveyancing, landlaw, company law
and applications of the law of property and contract.
Application under section 36 (2)
On the report from the Court of Examiners
permission to take a second apprentice was granted
to a solicitor in special circumstances disclosed.
Client's privilege against disclosure
A member acted for the personal representative
(since deceased) of a deceased person and holds
monies forming part of the estate in his client's
account on the instructions of the personal re
presentative. He received a claim on behalf of a
public authority to pay over the money in discharge
of the maintenance of the original deceased in a
public institution. No further representation has
been raised and member has no client to instruct
him. He inquired whether any question of privilege
arose which would prevent him from complying
with the request and asked for guidance from the
Council. The Council expressed the opinion that
no question of privilege appeared to arise and that
member should consider paying the money into
Court under the Trustee Acts.
Builders' Advertisements
A committee submitted a report on advertisements
appearing in a Dublin evening newspaper on behalf
of builders, some of which appeared to suggest that
the solicitor for the builder will act also for the
purchaser or lessee free of charge. Consideration was
postponed and it was decided to send the matter to
the Dublin Solicitors' Bar Association for their
view.
Professional Negligence Indemnity
On a report from a committee the Council decided
to authorise an insurance broker to investigate the
possibility of group insurance by members against
liability for negligence.
Professional Practice Regulation 6
On a report from a committee a waiver was issued
to a solicitor for a bank to enable him to act also
as solicitor for a wholly owned subsidiary company.
Road Traffic Acts.
Costs of Defending
prosecutions
A member wrote drawing attention to the fees
paid by insurance companies to solicitors for defend
ing traffic prosecutions and submitting that the fees
are inadequate. It was decided to issue a circular to
the Bar associations asking for information as to the
fees paid and for their views.
Solicitor-executor. Costs of assent to specific
devise
A member is sole executor of will which contains
a specific devise of certain lands occupied by the
devisee. The executor has not yet assented to the
devisee and will probably not be in a position to do
so for some time. The devisee with the approval of
the executor sold a building site on part of the lands
and the solicitor executor was asked to execute an
assent drawn up by the solicitor acting for the
devisee. He enquired whether he would be entitled
to charge a fee therefor and whether the fee if
payable should be charged against the estate or paid
by the devisee. The Council on a report from a
committee stated that the assent required appeared
to be a special assent dealing only with part of the
property devised. Assuming that the will contains
the usual clause entitling the solicitor-executor to
be paid his costs the committee are of opinion that
the costs of approving the assent should be paid by
the devisee.
LIABILITY TO RATES OF RENTS PAY-
ABLE OUT OF PREMISES USED FOR
PUBLIC OR CHARITABLE PURPOSES
THE Society made representations to the Depart
ment of Local Government that legislation should
be enacted changing the present law whereby a
rent issuing out of property used for charitable or
public purposes is assessed for rates at half the
standard rate, the property itself being exempt.
It
was stated by the Department that according to the
available
information
relatively
few people are
adversely affected through the operation of the law
as it stands.
The Council would be obliged if
members who act for clients who are adversely
affected by the present law would supply particulars
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