The Gazette 1961 - 64

ings even although the costs may not be recoverable between party and party. There is, however, no impropriety in instituting proceedings without a preliminary letter if in the opinion of the solicitor for the creditor such a course is imperative in the client's interests or if the solicitor is satisfied that the client has before instructing him notified the debtor in writing that failing payment of the debt by a certain date instructions will be given to a solicitor to institute proceedings for recovery of the debt without further notice. THE CIRCUIT COURT, EASTERN CIRCUIT An order has been made by the President of the Circuit Court fixing the following dates for the commencement of sittings of the Circuit Court for the Michaelmas term, 1962, in the Eastern Circuit instead of the dates already fixed: Dundalk— Tuesday, 2nd October. Drogheda—Friday, I2th October. Trim—Wednesday, lyth October. Kells— Wednesday, 24th October. Wicklow—Wednesday, 31 st October. Wexford—Tuesday, 13th November. Naas—Tuesday, 2yth November. Athy—Monday, i yth December. NOTICE Take notice that the offices of all solicitors in the towns of Monaghan, Castleblayney and Carrick- macross will be closed on Saturdays on and from Saturday the 3oth day of June, 1962. The offices in the town of Ballybay of Mr. John Corrigan, Messrs. Graham & Co., Mr. P. J. McEntee, Mr. P. J. O'Gara and Mr. Thomas P. Owens will also remain closed on all Saturdays (except fair days) on and from 3oth day of June, 1962. PRESENTATION OF ADMISSION PARCHMENTS At a ceremony in the Solicitor's Library, on the 24th May, 1962, the President presented certificates of admission to the following newly admitted solicitors:— Michael J. P. Alien, 3 St. Francis Street, Galway; Miss Mary P. M. Berkery, Slane, Co. Meath; Robert A. Downes, Glenmore, Mullingar, Co. Westmeath ; Fintan M. Barley (B.C.L.), Blackrock, Drumshanbo, Co. Leitrim; William S. Geraghty (B.A., LL.B.), Galmon, Taylors Hill, Galway; Edward R. A. Glover, 66 Landscape Road, Church- town, Dublin; Lewis J. Goldberg, Ben-Truda, Douglas, Co. Cork; Anthony C. Gore-Grimes (B.A.), Howth Lodge, Howth, Dublin (Special Certificate); Denis M. McDowell, 22 Dartmouth Square, Dublin; Desmond J. O'Malley (B.C.L.),

suggestion and delegated to the President and the secretary authority to make whatever financial arrangements would be necessary. The following was among the business transacted : Government Programme of Law Reform The President stated that the reports of the working parties on the Law Relating to Trusts and the Liabilities of Innkeepers had been sent by the Society to the Department of Justice. Reports on the Law Relating to Guardianship of Infants, Registry of Deeds and on the Law Relating to Wills are in the course of preparation. Solicitor acting in Conveyancing Transaction where one of the parties is not repre sented A local bar association asked for the opinion of the Council as to whether a rule by the Association prohibiting members from acting for a party in a conveyancing matter where the other party is not professionally represented would be proper. It was also suggested that the Society would consider introducing such a rule under section 71 of the Solicitors' Act, 1954. The Council, on a report from a committee, were of opinion that no rule of the kind mentioned should be made by the Society. It was also decided that the association concerned could make such a rule binding on its members if it wished, but that the Council cannot be taken as approving of such a rule. DEBT COLLECTING LETTERS In Alien v. O'Callaghan (10 I.L.T.R. 131) the Court strongly disapproved of the action of a solicitor in making a demand for costs in a prelimin ary letter written before the institution of proceedings for a liquidated debt. The ground of the disapproval of the Court was that the costs of such a letter are not legally exigible and that it is improper for a solicitor to make a demand under threat of proceed ing for payment to himself of a sum which he knows is not due. The Council are of the opinion that such demands in debt-collecting letters are unprofessional. This opinion does not apply to cases in which payment before proceedings is accepted by instalments with a condition that the debtor shall indemnify the vendor against the costs of collection or applications for costs in letters demanding discontinuance of unlawful interference with property rights or other unliquidated demands. The Council are further of the opinion that normally a preliminary letter should be written by a solicitor to die debtor before instituting proceed­