The Gazette 1961 - 64

problem would be well advised to have Counsel's opinion as many different situations can arise. USE OF GUARANTEED CHEQUES FOR CLOSING SALES A member wrote to the Society with reference to the practice of making payment of purchase money by means of certified or guaranteed cheques against documents of title when closing sales and stated that he thought it likely that a bank could not be held liable in the event of the cheque being dishonoured. If this is the case the solicitor who accepted the guaranteed cheque might possibly be held to have been negligent in so doing in spite of the fact that it is the usual practice. It is understood that in England guaranteed cheques will not be accepted on the closing of a sale. Bankers' drafts are used instead. Apparently the custom of marking cheques is one which has grown up among bankers themselves for the purpose of clearance, by which they become bound to one another. It seems, however, that it does not give the holder of the cheque any right against the banker who has marked it. This question was the subject of a notice published in the January 1948 issue of the GAZETTE which contains quotations from several standard works on banking law bearing out this contention. The Council on a report from a committee were of opinion that as the contention already referred to appears to be correct, guaranteed or certified cheques should not, therefore, strictly speaking, be accepted by a solicitor when accepting a payment against title documents on the closing of a sale or similar transaction. INTERNATIONAL BAR ASSOCIATION NINTH INTERNATIONAL CONFERENCE Members have been reminded by the notice appearing in the December issue that the above conference is to be held in Edinburgh, from July i6th to July zoth. It is understood that plans have been completed and preparations are in progress for the working sections of the conference. The following topics have been listed for discussion :— 1. The essential requirements for a national Legal Aid and Advice Plan, and the practical possibilities of establishing such a plan, or part of it, in the various countries. 2. Draft convention on international judicial co-operation. 3. Protection of the individual against the public admin istration : (a) Comparison of substantive administrative law, of the manner in which the activity of administrative agencies is regulated by law and of the possibilities for the individual to bring court action against an agency for violating his rights in a specific case. (b) The attorney's duty to protect the interests of his clients against demands by fiscal and other govern mental authorities for the disclosure of information. 4. Procedure for the protection of investments abroad..

5. Organisation of a lawyer's office. 6. Monopolies and Restrictive Trade practices. 7. The organisation of the business of the courts. (The courts as a public service ; the scope of the business of the courts ; day-to-day routine.) 8. The form and legal effect of wills made by the same person in different countries. 9. Explaining to the public the services of the legal pro fession. («) Methods of bringing to the public notice the ad vantages of a lawyer's services, e.g., via books, pamphlets, speaking programmes, radio and tele vision, institutional advertising ; and the individual lawyer's duty to explain matters which may lead to adverse criticism of the profession. (b) Explaining the basis for lawyer's fees. (c) Explaining the security of clients' moneys ; i.e., fidelity, guarantee or compensation funds. Further details, together with registration forms and hotel reservation forms (for those wishing to attend) may be had on request from the Secretary, The Law Society of Scotland, Law Society's Hall, North Bank Street, Edinburgh. For those who wish to attend the Conference early registration is advisable as there will be a heavy demand on hotel accommoda tion The Registration Fee to attend the Conference will be plus £5 IDS. od. for each guest if paid before May iyth ut will be higher if paid after that date. COURTS (SUPPLEMENTAL) PROVISIONS ACT, 1961 Qualifications for appointment as Circuit Court Judges Members will already be aware that a proposal was introduced to amend section 17 of the above Act when it was in the committee stage in Dail Eireann, the effect of which would have been to make solicitors eligible for appointment as Circuit Court judges on an equal footing with members of the Bar. (See report of the Council, 1960/61, page 32.) The amendment was not accepted and the result, is that the exclusive right of the Bar to these appointments has been preserved. The amendment was introduced in the Dail by Mr. Lionel Booth, who pointed out that as the solicitors had a right of audience in the Circuit Court and as many of them had built up substantial Circuit Court practices there should be an enabling provision in the Act which would enable the Government if they found a suitable solicitor with suitable qualifica tions to appoint him to the Circuit Court bench. Mr. Haughey, then Parliamentary Secretary to the Minister for Justice, in opposing Mr. Booth's proposal, made the point that the Bar's long-standing right in this matter was a matter of tradition and that the Government did not wish to break with tradition. He stated that representations on this