The Gazette 1961 - 64

been represented at conferences at Koln under the leadership of Mr. John Carrigan, and last year at Salzburg under the leadership of Mr. John Nash. Members of our Society have read papers, served on committees and addressed sessions ofthe conferences and at the moment Mr. Nash is our Society's representative on the Council of the Association, while Mr. Carrigan is Secretary of the Topics Committee for the next conference, due to take place next year in Edinburgh, and Mr. Plunkett is Chairman of the Membership Committee. Recently you will no doubt have seen that the Association of Attenders and Alumni of The Hague Academy of Inter– national Law met in Dublin. I would like you to know that all the arrangements for the Conference, which was acknow– ledged to be an outstanding success, were made by some of the younger members of our profession. These conferences, which are bringing together men and women of many and different nations whose ways of life may vary from ours, but who share with us a desire for freedom and a love of peace, can do nothing but good and I can assure you the name of our Society, due to the work done and being done by our representatives, stands very high and rightly so. Finally, may I refer briefly to a movement started in the United States of America amongst those interested in the law, which seeks to establish the Rule of Law amongst nations. There are those who believe, and I share the belief, that we as lawyers have a tremendous responsibility which is only equalled by the present opportunity to put across the ideal of an international society governed by law. In this effort practising lawyers, professors of law and jurists of every nation are needed and will be invited to use their knowledge and influence in one great co-operative and organised effort to achieve this result. Grants of large sums have been made available in the United States to organise and further this cause and plans are now well in hand for Continental conferences which will be held during this year. Conferences have been scheduled and some have already taken place for lawyers from the Americas, Africa, Asia and Europe. These meetings will be followed by a world conference early in 1962, when it is hoped that areas of agreement as well as those of disagreement may be defined and arising thereout international conventions may be drafted for further expanding and defining the scope of international law along with con– ventions for the creation of new and perhaps more effective international courts. Funds have been provided for the expenses of one delegate from each nation to the Continental conferences and for two delegates from each nation to the world conference. I have, of necessity, Air. Mayor and Gentlemen, only touched very briefly on these matters which I believe to be of interest to us all and in connection with which we must be ready and willing to play our full part. The Press withdrew and the meeting then went into private session. The Secretary read the minutes of the Ordinary General Meeting of the Society, held on 24th Nov– ember, 1960, which with the approval of the meeting were signed by the chairman. In accordance with Bye-Law 28 the President appointed the following members to be the scrutin– eers of the ballot for the election of the Council for the year 1961-62 : John R. McC. Blakeney, Thomas Jackson, Brendan P. McCormack, Alexander J. McDonald and Roderick J. Tierney.

ACTING FOR BOTH PARTIES

MR. OVEREND, Vice-President, then opened a discussion on the advisability of a statutory regulation which would prevent solicitors from acting for both parties in sales and purchases and any suggested exemptions or exceptions from such a regulation, if made. Mr. Overend stated the position of the Council in the matter. He said that the Council merely wished to obtain the views of the general body of members and had considered that the ordinary general meeting at which a representative selection of members were present was a suit– able opportunity of doing so. He outlined shortly the replies received from Bar Associations to whom a circular had been sent and then invited those present to express their views. MR. J. R. HALPIN (Cavan) stated that he had been asked by the Tipperary Bar Association to propose that the regulation should be made. He said that a resolution to the same effect had been defeated in County Cavan by a majority. There were several aspects of the matter. First there was the question of the public welfare and the danger of a conflict of interest and insufficient investigation of title. Secondly there was the effect of a widespread practice of acting for different parties on the premiums charged by insurance companies on solicitors' negligence indemnity policies. He felt that the recent steep increase in premium was largely due to the heavy incidence of claims for negligence resulting from this practice. Thirdly there was the question of fee cutting. He stated that it was impossible to check or secure the observance of the Pro– fessional Practice Regulations against fee cutting where only one solicitor is instructed. Personally he was strongly in favour of regulations which would prevent, either with or without certain exceptions, solicitors from acting for several parties in conveyancing matters. In counties where there was such a rule it worked very well and solicitors in these counties who had formerly opposed the making of regulations had been converted but there must be a nationwide regulation. Local rules were not sufficient. Dealing with one of the chief arguments against making the regulations, viz. that certain solicitors would have to send away old established clients who might never return, Mr. Halpin stated that the rule would work both ways. For every client that a solicitor might lose, he was equally likely to gain one. Finally he was in favour of the making of regulations because they would increase the gross amount of costs received by the profession as a whole He was prepared to support the proposed regulations although he felt that if there is any risk of diversion of clients he might be one of those who might suffer. MR. AUGUSTUS CULLEN (Wicklow) stated that he spoke for the Bar Associations in both Wicklow and Wexford. The Wicklow meeting was opposed to the proposed regulations. In Wexford a motion supporting the regulations was defeated by 18 out of an attendance of 20 at the general meeting. He felt that this matter should be left to the judgment and fore– sight of individual solicitors. In many cases in the country the equity note has been discharged and in these cases no difficult question of title can arise. Even where the equity note is not discharged the vendor must supply sufficient title to satisfy the registrar. Country and city cases were widely different. In some towns there might be only one solicitor. How was it proposed that sales and purchases could be carried on if one solicitor could not act for both parties in these towns? He also instanced the difficulty of enforcing the regulations. If exemptions were to be granted where was the line to be drawn? There was also the case of the voluntary conveyance from father to son in which the value of the property is small. Finally he stated that he felt that the proposed regulations would be unworkable and should not be made. MR. THOMAS A. LYNCH (Clare) stated that he was personally in favour of a statutory regulation. He stated that in County