The Gazette 1961 - 64

Disclosure to Insurance Company ofWidow's instructions to Solicitor to pay over to her child's share in deceased intestate's estate A member acted for the widow of a deceased intestate and the assets when realised amounted to approximately £5,500. The deceased left a widow and one child. Another solicitor had previously been instructed and he had extracted the grant of ad ministration and the administration bond was obtained from an insurance company. Member had in hands about two-thirds of the moneys realised and his client informed him that she wished to have this money transferred to her for use in the course of her business. Member enquired of the Society if he was at liberty to notify the insurance company of this or if he was under any obligation to notify them. He felt that he should pay over the money to his client (who is also the legal personal represen tative) when requested, but he wished to know if he had any duty to the insurance company who had gone surety on the administration bond. The Council, on a report from a committee, decided that member should be advised to write to the client informing her that the consent of the insurance company would be required for the application of the child's share in the manner disclosed. Member should ask for particulars from the client of what it was intended to do and should ask also for permission to disclose them when obtained to the insurance company. ORDINARY GENERAL MEETING A general meeting of the Society was held in the Library, Four Courts on 24th May, 1962. The president, Mr. George G. Overend, took the chair. The notice convening the meeting was by permission of the meeting taken as read. The minutes of the ordinary general meeting held on November 23rd, 1961 and the minutes of the special general meeting held on 9th March, 1962, having been circulated, were taken as read and signed by the chairman. The chairman announced that he nominated the following members of the Society as scrutineers of the ballot for the election of the council to be held on I5th November, 1962; John R. McC. Blakeney, Thomas Jackson, B. P. Me Cormack, R. J. Tierney, A. J. McDonald. The President addressing the meeting said :— LADIES AND GENTLEMEN, Before dealing with the business of your society I have to record with regret the death since we last met of the following members of the society: William E. O'Brien, Mitchelstown, John D'Oyly Battley, Dublin, William T. McMenamin, Ballybofey, Noel M. J. Purcell, Dublin, Thomas A.

O'Donoghue, Tuam, William McCabe, Cork, Daniel Casey, Cork, Richard A. O'Brien, Dublin, James Rowlette, Sligo and William T. Mackey, Dublin. On behalf of the members of the council and on my own behalf I would like to express deep sympathy with their relatives and friends. While it may be invidious to mention any names I must refer to the late Mr. Richard A. O'Brien who died last week at the age of 86 and was for over 21 years Chairman of the Solicitors' Benevolent Association. On his retirement he became the first and only patron of that association. He was untiring in his efforts for our less fortunate colleagues and their dependants and he will be remembered with gratitude by all those he was instrumental in helping during his long tenure of office. Too many of us either neglect or forget our responsibilities to our needy colleagues and their families. MayI appeal to you to do your share by joining the Solicitors' Benevolent Association if you are not already a member, or if you are, by procuring at least one new member. It has always been the wish of your council that every practising solicitor should be a member of your society, but, over the years, there has always been a small minority which, for some reason or another have not seen their way to join. I think this is a great pity as the society, working through its council, is, after all, your governing body and it behoves each member of the profession to give his contribution, however great or small, it may be, to the society for the betterment of the profession as a whole. There are at present 1,300 solicitors holding practising certificates in the Republic and 1121 members of the society so that there are at least 179 practising solicitors outside the society and the figure is certainly highe as many assistant solicitors do not take out practising certificates. I would earnestly appeal to you to do your utmost to persuade these men and women to join the society and to play their part in the affairs of our profession. COMMON MARKET The future of the legal profession in this country is more uncertain today than it has ever been before. It seems now very possible that Ireland will, before long, become a member of the European Economic Community, more generally known as the Common Market. Very few of us profess fully to understand the implications of such membership but they will be far-reaching and will affect us politically, in trade and commerce, and indeed in the professions. It is by no means certain as to what will be the exact form which membership will take. The admission of the United Kingdom, Ireland and possibly some of the Scandinavian countries will pose problems that did not face the original Six, and changes in the Treaty of Rome may ensue. The treaty is a complex organisation and I think I can say without fear of contradiction that the effect of some of its provisions are far from clear. Article 5 5 provides for what is known as " freedom of establishment ", namely the right of a person in one member state to set up in another member state. The general tenor of the whole treaty is to create one large community within which there should be a free inter-change of population, of labour and of services and it would seem from this that professional men, which would include lawyers, may likewise have the right of " freedom of establishment " to a greater or lesser degree. Activities which in any state include even incidentally the exercise of public authority are expressly excluded by Article 55(1) from the "freedom of establishment" and among considered opinion there seems to be much doubt as to whether such exception could include lawyers in whole or in part. 3