118 / 364
accordance with proper professional practice that
agents for building societies should be so described
on name plates outside their office premises. No
departure should be made from the present well
established practice as
regards solicitors' name
plates.
Meaning of Bank
The Council considered an opinion from counsel
as to the meaning of the term "bank" under the
Central Bank Act 1942 and the Solicitors Acts
1954-60 and the Solicitors' Accounts Regulations.
Counsel advised that the term "bank" is nowhere
defined by statute. Having considered counsel's
opinion the Council decided that regulations should
be made under the Solicitors Acts 1954-60 defining
the term for the purpose of the Regulations.
JULY 22ND: The President in the chair, also present
Messrs Francis J. Lanigan, John Carrigan, George
A. Nolan, Raymond A. French, Brendan A.
McGrath, Daniel J. O'Connor, Desmond J. Collins,
Desmond Moran, Peter D. M. Prentice, Gerald Y.
Goldberg, Ralph J. Walker, Patrick Noonan,
Peter E. O'Connell, Thomas A. O'Reilly, Joseph P.
Black, John C. O'Carroll, R'chard Knight, Augustus
Cullen, Thomas H. Bacon, William A. Osborne,
Gerard M. Doyle, George G. Overend, Robert McD.
Taylor, Niall S. Gaffney.
The following was among the business transacted :
Notary Public
On a report from the Secretary it was decided that
counsel should be briefed to oppose an application
to the Chief Justice by an applicant who is not a
solicitor for appointment as notary public. The
Society in principle takes the view that these appoint
ments should be confined to practising solicitors.
Disciplinary Committee vacancy
The President reported that he had sent a letter to
the President of the High Court resigning from the
Disciplinary Committee. It was decided to ask the
President to appoint a new member to the committee
in place of Mr. Maher.
Professional Negligence
A member acting for the purchaser of premises
completed the transaction in 1955 on an undertaking
by the vendor's solicitor to furnish a section 6
certificate. The vendor's solicitor did not carry out
the undertaking and subsequently ceased to practise.
In 1962 the purchaser received a demand for schedule
A and B income tax which he immediately paid.
It subsequently transpired that part of the demand
related to a period prior to the closing of the
purchase. The purchaser claimed the amount against
member on the ground that the latter was negligent
and member asked for the guidance of the Council.
The Council, on a report from a committee, were of
the opinion that the practice of accepting an under
taking from the vendor's solicitor is now universal
and in the interests of vendors and purchasers and
that the acceptance of such an undertaking without
the specific instructions of the purchaser is not
negligent unless the purchaser's solicitor knew or
had reason to know that the solicitor for the vendor
could not be relied on to carry out the undertaking.
It was however pointed out that the opinion of the
Council is not a legal decision and has no authority
beyond the experience of members of the Council as
practitioners.
Conflict of interest
Member on
the
instructions of an
intended
husband drew up a deed of marriage settlement
whereby the intended husband transferred property
to himself and his intended wife as joint tenants in
fee simple. Member received no instructions from
the intended wife. At the date of the transfer the
intended husband was the full registered owner in
fee simple subject to a right of residence in favour of
his mother in part of the dwellmghouse. All necessary
parties executed the instrument. The husband and
wife after the marriage had a disagreement and are
now living apart. The instrument has been sent to
the Land Registry but registration has not been
effected. Member received a request from the mother
of the husband not to proceed with the registration
and member asked for guidance from the Council.
The Council on a report from a committee stated
that (i) member should not take any step to have the
dealing withdrawn from registration (2) if the dealing
is returned by the Land Registry of their own
volition member before handing it over should
obtain a discharge from each of the two joint owners
(3) member should inform the wife of the advisability
of seeking professional advice.
Member acted for the driver of a car which was in
collision with another car while carrying a passenger.
In proceedings between member's client and the
owner of the other car for damage to the respective
vehicles blame was apportioned between the two
drivers on a 60/40 basis. Member acted on the
instructions of his client's insurers in these pro
ceedings. The driver of the other car subsequently
sued member's client for damages for personal
injuries and other solicitors were instructed by the
same insurance company to defend these proceedings.
The passenger driven by member's client sub
sequently instructed member to sue the driver for
14