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of the offices has increased many hundreds of per cent and the
staffs are not larger in many instances than they were twenty
years ago.
LEGAL COSTS
We are living in an age of social and economic planning and
as citizens we must accept its necessity and recognise the
benefits which it can create in its proper field. We are not
opposed to progress, efficiency and reform ;
on the contrary
it is our duty to support them. The State extends its field of
influence and power more widely every year. The complexity
of economic and financial problems necessitates the transfer
of power on an increasing scale from the legislature to the
executive and finally from the executive to its administrators
and managers. Plans can only be approved in broad outline
by the Oireachtas. The real exercise of power is the implement
ation of the plan by the experts and thus of necessity involves
interference with personal freedom. The rights of the small
man in the sphere of civil and even criminal law may be
brushed aside by powerful interests, even by the State itself
and there have been cases of such oppressive action both in this
country and in England within recent years. Accepting the
necessity for economic planning it must be obvious that an
independent legal profession and free press are more essential
now than ever before so that the balance may be redressed in
favour of the private citizen who would otherwise be defence
less and indeed voiceless. The greatest danger to civilised
Society to-day is that anyone who expresses a minority view
will be regarded and treated as a crank and that men will be so
indoctrinated with plans for material progress that they will
lose the ability and even the desire to safeguard their personal
freedom.
The solicitors' profession has an important role in this field.
We stand between the individual and the State whenever his
constitutional rights are threatened and ensure that his case
will be adequately presented before
independent Courts
administering justice in public and freely reported by the
Press.
In authoritarian States the independence of the legal
profession and freedom of the press are not recognised. They
must conform to public policy directives laid down by the
supreme powers.
The Society and the profession can also help to safeguard the
interests of the public by subjecting legislative measures, like
the recent Succession Bill to informed and expert criticism so
that public opinion will be focussed on any defects while they
are under discussion in the Oireachtas. Experience has shown
that such criticism must be stated publicly and persistently if
it is to be effective. This could not be done by a profession
subservient to the State for financial, political or other reasons.
The Minister for Justice in a recent public speech recognised
the valuable service given by the profession and praised the
work of the Society in maintaining professional standards.
At the same time he proposes to make the profession sub
servient to the State by transferring to his Department the
function of determining professional fees at present exercised
by committees presided over by the Supreme Court or other
judges. These committees have been entrusted with this duty
for over one hundred years and have exercised it fairly and
impartially. This would be a retrograde and unwise measure.
It could only destroy the independence of the profession by
substituting control by civil servants for control by the
judiciary. Solicitors are officers of the Court. It is not in the
public interest that the State should have the final control over
the financial affairs of a profession whose function is to protect
its clients against the State without fear or favour whenever
the necessity arises.
I cannot close this part of my address without referring to
another part of the Minister's speech in which he suggests
that the scale of solicitors' fees is too high. In property trans--
actions the solicitors' fee is only a minor part of the total
expense (over and above the purchase price) particularly in
sales by auction. The following examples speak for themselves.
EXAMPLES.
Sales by Auction
Registered Title
Unregistered Title
Sale price .£3,000
Absolute
Possessory
Auctioneers'
commission
£15° o
o
£150 c o
£150
o
o
Revenue stamp
duty
...
90
o
o
90
o
o
90
o
o
Solicitors' fee
5000
loo
o
o
87 10
o
Land Registry
fees
12
9
o
25 16
o
Other outlay
200
200
500
Total expenses
£304
9
o
£367 16
o
£332 10
o
Registered Title
Unregistered Title
Sale price
£10,000
Absolute
Possessory
Auctioneer's
commission
£500
o
o
£500
o
o
£500
o
o
Revenue stamp
duty
...
300
o
o
300
o
o
300
o
o
Solicitor's fee
102 10
o
205
o
o
200
o
o
Land Registry
fees
...
22 16
o
30
o
o
Other outlay
200
200
500
£927
6
o
£1037
o
o
£1005
o
o
Sale price
£30,000
Auctioneer's
commission £1,500
o
o
£1,500
o
o
£1,500
o
o
Revenue stamp
900
o
o
900
o
o
900
o
o
duty
Solicitor's fee
177 10
o
355
o
o
400
o
o
Land Registry
fee
...
30
o
o
30
o
o
Other outlay ...
200
200
500
£2,609 I0 ° £2>787
£2>8°5
Solicitors' fees in conveyancing unlike the other items, are
on a declining scale falling from a maximum rate of 2 %, 3} %
or 4 % (depending on the nature of the title) on the part of the
price below £1,000 to f %, J % or i % on the part of the price
exceeding £10,000. If a solicitor carries out ten purchases of
registered land at prices in equal steps from £1,000 to £10,000,
his average fee will be 2.4% for possessory title with full
investigation and 1.6% where the title is absolute. In the
£i 1,000—£20,000 range the average rates are 1.6% and 0.8 %
respectively. For unregistered titles (broadly speaking urban
and town property) the percentages are much the same as for
registered property with possessory title, i.e. 2.3 % in the
£i,ooo-£io,ooo range and 1.6%
in the £io,ooo-£2O,ooo
range and so on regressively. The rate falls as value rises.
Revenue stamp duty (trebled in 1947) is charged at a flat rate
of 3
%.
The auctioneers' and house agents' commission is
charged at a flat rate as follows; Public auction 5 % every
where payable by the purchaser; Private sale, Dublin, 2j%
payable by the vendor, elsewhere 5 % payable by purchaser.