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CIRCUIT COURT RULES, 1967
WORDS OF THE WISE
These Rules (S.I. No. 37 of 1967) came into
operation on 20th February, 1967 and provide
for revision
in
the amount of fee payable to
Summons Servers. Service fee is now 10/- and
not 7/6 as heretofroe. The instrument may be
purchase directly from the Government Publica
tions Sales Office, G.P.O. Arcade, Dublin, or
through any bookseller. Price sixpence.
SOLICITORS' ACCOUNTS
S.I. No. 44 of 1967 consolidates all previous
Solicitors' Accounts Regulations from 1955-
1966 and makes certain necessary amend
ments therein.
Members please note
these
regulations
supersede those set out in S.I. No. 193 of
1966 and circulated with the Februaiy issue
of the GAZETTE.
A MAJOR OR A MINOR MATTER?
A member recently made an application for
payment out of Court of monies to a former
infant on the infant attaining his majority. Mem
ber was astounded to be awarded costs of only
£2. This figure included outlay of 10 /- on the
copy Circuit Court Order and 7/6 on the Notice
of Motion. The solicitor had to
interview his
client in the first instance and correspond with
the client on a date being fixed for the hearing
of the Notice of Motion. The solicitor had to
attend the Court and make the application and
thereafter have further necessary correspondence.
His profit costs on the transaction were £1-2-6.
PROFESSIONAL NEGLIGENCE —
SOLICITORS
The case of Neushal v Melish and Harkavy
reported in the January issue of the GAZETTE
(Vol. 60, No. 7) at page 94 has given rise to
enquiries. Lest there was any lack of clarity as to
the report contained
in
the previous
issue of
the GAZETTE the Judge, in fact, ruled that the
solicitor should have disclosed knowledge of his
client's character to another client or have taken
alternative action. This suggests that professional
secrecy is no defence to a charge of negligence
where a solicitor acts for several parties with
opposite interests in the same transaction.
"Whenever law reform is in the air, the legal
profession is in the doghouse. For lack of belief
in the lawyer's ability to put the house of the
law in order is a familiar and reassuring phen
omenon
amongst
laymen."—The Hon. Mr.
Justice Scarman.
"There would be an end to the degrading form
of bingo session which we now describe as a
civil jury trial, in which the tribunal is invited
to guess how long the present disability is to last,
and to capitalise the value of it by multiplying
by some figure—any figure, except, as the judge
will always direct, such as could be justified on
actuarial principles.
Most of us would be glad to see the end of the.
really horrible spectacle, so popular in Scotland
—and in other countries, too— of grief-stricken
parents asking juries for cash payments in lieu of
their dead children."—Lord Kilbrandon reported
in
The Glasgow Herald.
"Possibly lawyers inevitably set up a barrier be
tween
themselves and
the world because
their
training involves them in so many of these double
phrases—'will and testament,'
'assault and bat
tery.' The rhythms ring in
their ears till
they
really think that nothing is clear unless you've
said it twice."—Katherine Whitehorn.
ASSISTANT REQUIRED
1. During an economic slump,
thus displaying
a business acumen for 'slave labour'—the fact that
turnover is
reduced and overheads increased
is
purely academic.
2. Due to pressure of business (i.e. necessary at
tendance at race meetings and such like).
3. Due to inability to make the office before 10.30
p.m. If the early bird catches the worm why
should the principal spoil the market.
4. Necessity
is
the
brother of
intention-two
typists pre World War I—two typewriters pre
World War II will consider changing both prior
to World War III.
5. Opportunity afforded to act as teacher to dis
ciple— The fact that the disciple is more familiar
with the tablets of the
law shows he has no
practical experience.
6. On demise of Dickensian law clerk a more
youthful lackey will give the office standing—
things may even stand still—but justice will seem
to be done.
7. Experience in conveyancing will be essential-
if contracts are carefully drawn closing dates
postponed and a ready list of excuses for
delay
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