The Gazette 1977

GAZ

JANUARY/F

BRUARY 1977

the subject of the Undertaking are in the Solicitor's

hands; (b) that the Solicitor will without question be

physically capable of performing the Undertaking,

whatever it may be; (c) that, if necessary, the

Undertaking is clearly qualified by reference to any

matter which, at the time the Undertaking is given, is

not within the Solicitor's competence.

Fourth:-

Always ensure, if giving an Undertaking to a

provider of finance, that the money so provided on the

strength of the Solicitor's Undertaking, passes through

the Solicitor's hands and that he sees to its application

in the proper manner. The Solicitor's Undertaking in

cases of this nature should be expressed to be binding

on the Solicitor giving it, only so long as the provider of

finance passes that finance through the hands of the

Solicitor concerned.

Fifth:-

Always ensure that the Undertaking given — and,

Possibly more important, that the Undertaking

received — is wholly unambiguous. It is not unknown

for Undertakings deliberately to be expressed in such

vague or obscure terms as to be virtually meaningless

and, too often, this is realised only after the failure by

the giver of the alleged Undertaking to perform it.

Sixth:-

And probably the most practical of all the

essentials — Solicitors should always note on their files,

the original deeds, the working papers and even — with

discretion - on Account Cards, that an Undertaking

has been given in the case concerned — in order to save

themselves and their staff from doing something

irretrievably unfortunate - and expensive —with the

security.

There are other things that might be added — such as for

example, to take a clear note of any Undertakings given,

but space forbids and the purpose of these words is really

to remind the Profession of the seriousness of their

Undertakings and to point out the fact that they are likely

to be enforced against them. It is up to every Solicitor to

work out the systems of personal protection best suited to

individual working practices.

DUBLIN DOCUMENT EXCHANGE

The Dublin Solicitors' Bar Association has for the past

Tear being investigating the possibility of introducing into

Dublin a system of "document exchanging" which has

been operating in certain areas of London since 1975,

with apparent success and with considerable saving to its

users in postal expenses.

Practitioners will probably have noticed during the past

year that, with the re-printing of London Solicitors'

stationery, more and more letterheads are including the

Mysterious information "L.D.E. Box No:...". This is, in

j*ct, the number of the firm's Exchange Box at the

London Document Exchange, into which will be delivered

oy hand letters and packets from correspondents within

c a s

y travelling distance of the Exchange itself.

The first London Exchange was opened on 15th

September 1975, just off Chancery Lane and includes, by

°w, virtually every firm of Solicitors in the area, as well

y a considerable number of other offices (Insurance,

estate Agency, Accountants, Building Societies, etc.).

the Law Society itself is among the members.

. On 1st December 1975 a second Exchange was

Maugurated, in the City, with similar success.

Through London Solicitors, the Dublin Solicitors' Bar

Association contacted the proprietors of the London

Exchanges and the possibility of opening a similar

Exchange in Dublin was considered in great detail.

Inspired by the compactness of the centre city area and

y the fact that not only Solicitors, but almost every other

u^t of trade and commerce takes place in the same area,

Proprietors of the London Exchanges are establishing

^Exchange in Dublin, which will open on 1st March

Counsel's Opinion has been obtained in London that

Document Exchanges do not infringe the Post Office

Monopoly and, as the legislation is similar in this

ountry, the same advice has been received here.

Members of the Dublin Document Exchange will be

lette

atCd a Stee1

l o c k a b , e

s l i t t ed b o x

' capable of taking

wid

S a n d d o c u m e n t s

up to 15 inches in length, 12 inches

accJ!

a n d

^ inches thick. Larger items can be

*>mmodated in larger, special boxes, by arrangement

p Exchange staff.

c 0m

e r s o ,

(

w h o ne

ed not be Members) wishing to send

Mmunications to Members, merely visit the Exchange

and place their communications in the various numbered

boxes of the intended recipients.

The Members themselves, to collect whatever offers

visit the Exchange whenever suitable, open their own

locked box with their own key and remove the contents

On the same visit, they can, of course, deliver their

outgoing correspondence to the boxes of other Members

The experience in London has been that, in the case of

busier firms, a despatch and collection can be made twice

a day, with considerable saving in time, as well as postal

charges.

The DubUn Exchange is situated at 3 Molesworth

Place (just off Molesworth Street opposite South

Frederick Street) and will open from 8.00 a.m. to 6.00

p.m., Monday to Friday. It is envisaged that the hours of

opening may be varied in the light of experience.

The annual rent for an Exchange Box will be £250 and

an entrance fee of £50 will be charged upon joining.

However, the entrance fee of £50 will be waived for all

members joining the Exchange prior to 1st

Julv

1977.

In view of the involvement of the Dublin Solicitors' Bar

Association in introducing the Exchange to Dublin, ail

sole practitioners who are members of the Bar

Association and every firm having one or more partners

who are members of the Bar Association are being offered

a permanent discount of 20% on the annual rent from

time to time and, in addition, for Bar Association

members the entrance fee of £50 will be suspended until

1st November 1977.

On an estimated postal cost of 15p per communication

the Dublin Document Exchange calculate that members

of the Exchange will only have to deliver 6 letters per day

through the Exchange to break even with the rental cost.

Thereafter, every letter delivered represents a clear saving.

The Solicitors to the Exchange are Matheson, Ormsby

and Prentice.

The first fifty subscriptions to the Exchange will be held

by McMahon & Tweedy, Solicitors, as independent

stakeholders and, if the target of fifty subscribers has not

been reached by 1st November 1977 all subscriptions

received will be refunded.

The

Dublin Document Exchange will be managed bv Miss

S. Dei-han

For further pan.eulars please contact her at the Dublin Document Exchange 1

Molesworth Placc. Dublin 2. Telephone 01-767101.

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