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The following was among the business transacted :
Standard form of building agreement
It was decided to investigate the possibility of
having a standard form of building contract settled
in agreement with the Builders Associations and the
matter was referred to a committee for consideration.
Standard conditions of sale
A draft submitted by a committee was settled for
publication and sale to members.
Succession Bill, 1964
The Council considered the bill in the light of the
recent press statement by the Minister for Justice.
The only remaining vestige of the legal rights in the
original Bill will be a legal right of the widow to
one third or one half of the estate depending on
whether there are children of the marriage. It was
decided that the Council should not alter the original
views expressed viz., that the determination of legal
rights should be a matter for the Court.
APRIL STH: The President in the chair, also present
Messrs. Robert McD. Taylor, Francis J. Lanigan,
Desmond J. Collins, George A. Nolan, George G.
Overend, John J. Nash, Thomas V. O'Connor,
James R. C. Green, Ralph J. Walker, Peter D. M.
Prentice, Joseph P. Black, R. A. French, Gerard M.
Doyle, Richard Knight, Rory O'Connor, W. J.
Comerford, John Carrigan, Niall S. Gaffney, T. E.
O'Donnell,
James W. O'Donovan, Peter E.
O'Connell, Brendan A. McGrath, Gerald J. Moloney,
John B. Jermyn, Eunan McCarron.
The following was among the business transacted :
Professional privilege
A member sought guidance from the Society as
to his professional obligation in the following cir
cumstances. A clerk in his office interviewed a
client who gave instructions for an application for a
grant of probate. The client incorrectly instructed
the clerk that the deceased had made no gifts
inter vivos
whereas in fact the client had received
substantial sums from the deceased shortly before
her death. The papers for probate were drawn up
on these instructions. Member subsequently as
certained the true facts. The Council, being of the
opinion that the client instructed member wrongly
with a view to committing a fraud on the Revenue,
stated that the case fell within the principles of Cox
v.
Railton, that the communication was not protected
by privilege and that member should inform the
Revenue Commissioners of the
inter vivos
gifts.
Seanad election
The Council appointed Mr. John J. Nash as the
Society's representative for election to the Cultural
and Educational panel.
Trade Union Act, 1941
The Secretary stated that the Minister for Industry
and Commerce has acceded to the Society's applic
ation for excepted body status to enable the Society
to carry on negotiations as to salaries and conditions
of employment without a licence under the Trade
Union Act.
LEGAL AID IN CRIMINAL MATTERS
The Legal Aid Scheme came into operation on
April ist and the Council in the March issue of the
Ga2ette advised members to co-operate in making
the scheme a success although many will be doing
so at a sacrifice. The Council intend to keep the
working of this scheme under review and they are
asking Bar Associations and members to co-operate
with the Society towards this end. Work record
forms will be issued to members in the near future
with a request that practitioners on the legal aid lists
in each county should keep an accurate record of the
hours spent and the fees earned for each item of
work. If a sufficiently large number of offices keep
the record sheets and return them to the Society the
Council will be able to ascertain the average rate per
hour earned on legal aid work by members participat
ing in the scheme. The information obtained from
the survey will be supplied to members on the legal
aid lists. The advantages of the survey will be two
fold, (i) The Council will have accurate information
for any further discussions with the Department of
Justice (2) the profession itself will have accurate
information as to the economic and financial aspects
of the le'gal aid scheme.
LAND ACT, 1965 (Sections 12 and 45)
Land Registry Practice Note
The attention of Solicitors is drawn to the pro
visions of section 12 of the above Act and the fact
that an " agricultural" holding, whether or not
subject to a Land Purchase Annuity, cannot be let,
sublet, or subdivided, without the consent in writing
of the Land Commission. These provisions do not
apply to property coming within the provisions of
subsection (4) of the section. " Towns " means the
following:—Ardee, Balbriggan, Ballybay, Bally-
shannon, Bandon, Bantry, Belturbet, Boyle, Callan,
Cootehill, Droichead Nua (Newbridge), Edenderry,
Fethard,Gorey,Granard,Kilkee, Lismore, Loughrea,
Mountmellick, Muinebeag (Bagenalstown), Mullin-
gar, Newcastle, Passage West, Portlaoighise (Mary
borough), Rathkeale, Roscommon, Tramore, Tuam.
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