16 / 364
would be objectionable from the professional point
of view and that the intervention of a third party
should be limited to informing the employees that
it is advisable to make a will and that each testator
should make his own arrangements for engaging a
solicitor of his choice.
Charges for photocopy documents
The Council received a report from the costs
committee stating the taxing masters would allow
the ordinary folio copying charges for copies of
documents made in the photocopying method.
Conflict of interests. Right to hold documents
Members acted for a father and son in a matter
which was not completed due to disagreement
between the parties. The father subsequently in–
structed another solicitor and members enquired
whether they should hand over the documents even
though they still acted for the son. The documents
in question were the agreement executed by the
parties and an original lease.
The Council on a
report from a committee stated that if the father
originally instructed members they should continue
to hold the agreement on his behalf and should also
hold the lease on his behalf unless there has been an
outright assignment to the son. The son should be
supplied with certified copies of the document on
payment of the proper charges.
S.I. No. 128 of 1964
SOLICITORS' REMUNERATION
GENERAL ORDER, 1964
We, the body in that behalf authorised by the
Solicitors' Remuneration Act, 1881, as adapted by
the Solicitors' Remuneration Act, 1881 (Adaptation)
Order, 1946 (S.R. and O. 1946 No. 208) made
pursuant to the Adaptation of Enactments Act, 1922,
do hereby, in pursuance and execution of the powers
given to us by the said Statute as so adapted, and
after due compliance with section 3 of the Solicitors'
Remuneration Act, 1881, make the annexed general
order.
i. This order may be cited as the Solicitors'
Remuneration General Order, 1964, and this order
and the Solicitors' Remuneration General Order,
1884, the Solicitors' Remuneration General Order
(No. i), 1920, the Solicitors' Remuneration General
Order, 1947, the Solicitors' Remuneration General
Order, 1951, and
the Solicitors' Remuneration
General Order, 1960, shall be read together and may
be cited as the Solicitors' Remuneration General
Orders, 1884 to 1964.
2. The charges specified in paragraphs 2 to 20
inclusive of Schedule II of the Solicitors' Remuner–
ation General Order 1884 (which Schedule was
inserted by the Solicitors' Remuneration General
Order, 1960, S.I. No. 165 of 1960) shall be increased
by the addition of twelve per cent.
3. This Order shall come into operation on the ist
day of August, 1964, and shall apply to all business
transacted on or after that date.
Dated this 27th day of May, 1964.
Signed:
Cearbhall 0 Dalaigh, Priomh-Bhreitheamh.
Cahir Davitt, President of the High Court.
Desmond
J. Collins, President of
the
Incorporated Law Society of Ireland.
EXPLANATORY NOTE.
(This note is not part of the instrument and does not
purport to be a legal interpretation thereof.}
This Order authorises an increase of twelve per
cent, on specified charges in solicitors' costs for
non-contentious business.
It does not affect the
present commission scale fee on sales, purchases,
leases, or mortgages.
The order was laid before Dail Eireann on 2nd
June, 1964, and before Seanad Eireann on loth
June, 1964, pursuant to section 6 of the Solicitors'
Remuneration Act, 1881. and will take effect unless
a resolution disallowing it is passed in either House
within one month from the date on which it was
laid before the House.
The effect of the general order when operative will
be to authorise an increase of 12% on each of items
2 to 20 of schedule II to the Solicitors' Remuneration
General Order 1960 (handbook page 183). It does
not apply to items i and 21 which are discretionary.
Calculation of 12% on the various items would be
troublesome and it is suggested in drawing up bills
that the items should be entered at the amounts at
present standing in schedule II and that 12% should
be added at the end of the Bill on the total of all
items other than discretionary items. If any of the
fixed items are reduced or disallowed on taxation a
simple adjustment can be made in the sum added
at the foot of the bill.
Illustration:
-£
i. Instructions fee
...
...
...
15
o
o
2 20 Fixed items
...
...
...
20
o
o
Total professional charges
...
...
35
o
o
Add 12% on items 2 20
...
2
8
o
Professional fees as submitted
...
37
8
o
12