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forming part ot an estate in which the solicitor held
a power of attorney for the purpose of extracting
a grant of administration
de bom's non.
If the premises
are not sold before the next annual licensing session
the solicitor is to apply for extension of permission.
Registered trade mark agents
The Council on a report from a committee stated
that there is no objection to a solicitor's carrying on
business as a registered trade mark agent provided
that different professional stationery is used for his
practice as solicitor and his practice as trade mark
agent, neither making any reference to the other.
Solicitor. Conflicting claims to money
A member acted for a lady who recovered damages
for negligence. On the instructions of the client
member wrote to the solicitor for a third party
stating that he had received instructions to pay to the
third party any money recovered on foot of die
client's claim for personal injuries. On the issue of
the cheque for compensation by the insurance
company the client's husband persuaded her not to
sign any form of receipt and discharge, apparently
with a view to avoiding her promise through
member to the third party.
Member thereupon
returned the cheque to the insurance company.
Member gave no undertaking and enquired as to his
professional obligation. He had since received an
application from another solicitor to hand over the
papers. On a report from a committee the Council
stated that in the absence of any undertaking
member was under no obligation arising from his
letter to the solicitor for the third party and that he
should on receipt of a written authority from the
client hand over the papers on payment of his costs.
LEGAL AID IN CRIMINAL MATTERS
The Criminal Justice Legal Aid scheme will come
into operation on April ist. Applications for legal
aid will be made to the District Justices.
The
applicant will be entitled to legal aid in the District
Court if the Justice is of the opinion that his means
are insufficient to enable him to obtain legal aid
from his own resources and that it is essential in the
interests of justice that he should have legal aid by
reason of die gravity of the charge or of exceptional
circumstances. A person charged with murder will
be entided to legal aid as of right on proof of
insufficient means.
Legal aid will consist of the
retainer of a solicitor and (where the accused is
charged with murder and the Court thinks fit)
counsel. Subject to die conditions already mentioned,
legal aid is provided for cases tried summarily and
for the preliminary investigation and trial of indict-
76
able offences. An application for legal aid on the
trial of indictable offences in the Circuit Court or
Central Criminal Court may be made either to the
District Justice on behalf of the accused on being
returned for trial or to the Judge of the Court to
which the accused is returned.
Provision is also
made for legal aid on appeals to the Court of
Criminal Appeal or the Supreme Court and for
cases stated.
During the discussions widi the Council on die
proposed
regulations
the Minister
for Justice
informed the Council that the scheme is experimental
and that the scales of costs and other provisions of
the scheme would be reviewed within the next two
years. Although solicitors who undertake the work
of defending persons charged with serious criminal
offences involving detailed and onerous preparation
will be doing so at considerable personal sacrifice,
the Council request members to co-operate in the
working of the scheme and to endeavour to make
it a success in the public interest.
The Criminal Justice (Legal Aid) Regulations,
1965 (S.I. No. 12 of 1965) may be purchased at
the Government Publications Sale Office, G.P.O.
Arcade, Dublin i. Price
z/-,
plus postage.
PROCEEDINGS UNDER THE
SOLICITORS ACTS
By order of the President of the High Court
dated izth February, 1965, Mr. Richard J. Elgee,
solicitor, who practised under the style of Little and
Elgee at George Street, Wexford, was suspended
until further order.
RULES OF THE SUPERIOR COURTS
These Rules prescribe Court procedures relating
to the registration of Business Names Act, 1963,
probate matters, shorthand reporting and revenue, in
amendment of the Rules of the Superior Courts.
Instrument No. 29 of 1965 may be purchased direcdy
from the Government Publications Sale Office,
G.P.O. Arcade, Dublin i. Price 9d.
ROAD TRAFFIC ACT, 1961
The Department of Local Government issued
in January, 1965, a paper relating to the extent of
which the Road Traffic Act of 1961 is in force,
particulars of the orders, regulations, bye-laws and
rules made thereunder and particulars of orders, etc.,
made under the Road Traffic Act, 1933 which have
not been revoked.
The statement covers
the
position as at ist January, 1965 and supersedes all
previous statements issued by the Department on
the subject.