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Act will be civil servants and strongly recom
mend to the Law Society that if
this
is
so
immediate representations should be made that
the final decision
in workmen's compensation
case should be referred to a judicial tribunal."
By direction of the Council a memorandum
already prepared was sent to the solicitor members
of the Oireachtas and a copy to the Department
of Local Government.
Legal Aid
The following resolution was received from the
Midland Solicitors Bar Association:
"That the Midland Solicitors Association at
annual meeting do strongly protest against the
inadequate scale of fees awarded in legal aid
criminal cases."
Consideration of the matter was adjourned.
Accountant's Certificates
The
following
resolution was
unanimously
adopted:
"That the Council approve in principle of the
recommendation in the report of the Policy and
Compensation Fund Committees for the bringing
into operation of the accountants' certificate pro
vision under section 31 of the Solicitors (Amend
ment) Act 1960."
Client's Right
to Documents on Change of
Solicitor
The following are the authorities on the right of
a client to correspondence and other documents
on termination of the solicitor's retainer.
A solicitor is not bound to deliver to his client
on the termination of his retainer letters addressed
to him by his client nor copies in his letter book of
his own letters to his client (re: Wheatcroft—1877
6.Ch.D.97).
On payment of a
solicitor's bill client
is
entitled to the possession of letters written to the
solicitor by third parties but not to copies of
letters written by the solicitor to third parties,
unless they are paid for by the client in re :
Thomson
(1855. 20. Beav. 545). The Court of
Appeal of New Zealand held that the defendants
a firm of solicitors practising in New Zealand
were liable to surrender to the plaintiff the carbon
copies of letters which they had written to the
plaintiff's behalf.
In re Thomson was distin
guished on the grounds that while a solicitor
could not be expected to mutilate a letter book
kept for his own protection by tearing out pages
and delivering them to the client he could and
should hand over copies kept in the case file
(Marshall v. McAllister—1952 N.Z.L.R. 257).
Marshall v. McAllister is a New Zealand decision
and might not be followed by our Courts. As a
solicitor would normally keep carbon copies of
letters written by himself for his own protection
it seems to imply that he should keep two carbon
copies one for the client and one for himself. This
is not a general practice.
The Council adopted a report of a committee
which stated
that on
the authority of
in
re
Thompson a solicitor
is not obliged to supply
letters from his file written to third parties on
behalf of the client unless the copies are paid for
by the client. The committee did not regard the
New Zealand decision in Marshall v. McAllister
as a binding authority in this country.
President and Vice-Presidents
Mr. Robert McD. Taylor, Drogheda, has been
elected President of the Society. Messrs Patrick
O'Donnell, Dungloe, and James R. C. Green,
Dublin, have been elected Vice-Presidents.
ORDINARY GENERAL MEETING
An Ordinary General Meeting of the Society
was held
in
the Library, Solicitors' Buildings,
Four Courts, Dublin, on 18th November, 1965.
The President took the chair at 2.30 p.m.
The Notice convening
the meeting was by
permission taken as read.
The Secretary read the minutes of the Ordinary
General Meeting held on 22nd May, 1965, which
were confirmed and signed by the Chairman.
The Secretary read the report of the scrutineers
on the ballot for the Council for the year 1965-66.
The President declared the result of the ballot in
accordance with the scrutineers report as follows:
Ordinary Members
John C. O'CarroIl
(Ulster), Reginald G. Nolan
(Leinster), Thomas E. O'Donovan (Munster), Francis
A. Armstrong (Connaught).
Provincial Delegates Returned Unopposed
The following received the number of votes placed
after their names:
Desmond J. Collins
....................................... 563
John Carrigan
............................................. 545
Eunan McCarron .......................................... 541
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