The Gazette 1961 - 64

Circuit Court Rules, 1954, which provide a brief fee of £14 145. od. where the amount claimed exceeds £500. Members stated to the Society that they thought that this was meant to cover only the defendant's party and party costs where the defendant was successful and that it was not a basis upon which a solicitor and client bill should be drawn having regard to the fact that in cases such as this the plaintiff invariably sues for the entire amount of the jurisdiction of the court. Members further pointed out that the fee on the brief for the plaintiff's counsel on taxation of the party and party bill would be £5 55. od. The Council on a report from a committee were of opinion that the fixing of counsel's fees is a matter for the instructing solicitor and counsel and that on the facts stated counsel was not necessarily restricted as against the client to the fee which would be allowed as between party and party on the amount of the decree. DISCIPLINARY COMMITTEE The President of the High Court has appointed Mr. George A. Nolan to be a member of the Disciplinary Committee. DISABILITY BENEFIT AND WORKMENS' COMPENSATION ACTS PAYMENTS A member has written to this Society drawing attention to the rights of a workman who is entitled to compensation under the Workmen's Compensa tion Acts in relation to the disability benefit payable under the Social Welfare Acts. Some members may not be aware that where an injured workman is entitled to disability benefit he can claim the difference, if any, between such benefit and the amount of his weekly allowance for workman's compensation. The benefit so paid is not refundable. Where, therefore, the workman is entitled to disability benefit at a rate exceeding the amount to which he is entitled under the Workmen's Compensa tion Acts as, for example, a married man with three or more children, it would be worth his while to make a claim for the amount by which the disability benefit to which he is entitled is in excess of the workman's compensation allowance. Such a person is, in fact, entitled to disability benefit at a rate exceeding the maximum allowance under the Workmen's Compensation Acts. The rate of disability benefit is as follows :— Workman himself ... ... Wife ... ... ... ... First child under 1 6 years r j X; S- "• 117 6 150 13 o Second child under 16 years ... ... 13 o Each additional child under 1 6 years ... 80 total £4 16 6

McCarron, Rory O'Connor, Richard Knight, Thomas A. O'Reilly, Raymond A. French. The following was among the business transacted : Arbitration for professional employees The Secretary reported on a meeting of salaried solicitors held in connection with a draft scheme for conciliation and arbitration for local authority officers (which would apply to solicitors in the employment of local authorities) submitted by the County Managers Association. The Council directed that the Society should join as a signatory with the Irish Medical Association and the Engineers Association in applying to the appropriate Ministers for legislation to set up machinery available to professional men in local authority and similar service for arbitration as to their salaries and conditions of employment. Mr. Brendan A. McGrath was authorised to attend a meeting of the various professional bodies and to state that the Society would support the proposed application. Legal Aid The Secretary reported that a letter had been written to the Department of Justice requesting that a deputation be received from the Society on the regulations and scales of costs to be made under the Criminal Justice Legal Aid Bill, 1961. It was decided that the Bar Council should be requested to exchange information with the Society and to send a joint deputation to the Minister. The President with Messrs. Rory O'Connor and Herman Good were appointed as the Society's deputation. Press notices advertising sale of property The Council, on a report from a committee, made the following recommendation for the guidance of members :— In publishing any advertisement for the sale of house property, members are recommended to confine themselves to the essential details such as the situation, accommodation, tenure and rateable valuation of property, and to avoid the use of colourful phrases describing the location or some special feature of the property, as employed by auctioneers in their advertisements. The above recommendation applies to cases where property is advertised over the name of a solicitor without an auctioneer. Circuit Court. Counsel's fees on successful defence in defamation action Members acted for a defendant in a slander action in the Circuit Court. The plaintiff sued for £600 and obtained a decree of £75. Counsel for the defendant marked his brief for the hearing at £14 145. od. and this was apparently based on the