The Gazette 1949-1952

for the granting o f a lease, the lessee is not entitled to investigate the lessors’ title. I f the lessor agrees to furnish title he is entitled to insist that the lessee shall pay the costs under Schedule 2. On the making of a lease in consideration o f a fine as well as a rent where the transaction is, in effect, a sale, the ordinary practice o f the profession is to provide in the contract that title will be furnished in the ordinary way without extra charge ; (, b ) .the lessors’ costs in connection with the usual certificate o f compliance with the building covenant are payable by the lessee. Documents drawn or settled by counsel. Solicitors’ costs A M ember enquired whether a solicitor who instructs Counsel is entitled to charge the usual items in his costs for drawing a pleading or other document, which is, in point of fact, drawn entirely by counsel and returned to the solicitor for approval and engrossment. In the opinion o f the Council, where it is necessary or proper to employ counsel, the real question for decision is not whether the solicitor’s charges for drawing the document should be allowed or disallowed, but whether the whole or part o f the fee paid to counsel is chargeable by the solicitor against the client in addition to the solicitor’s charges. The solicitor’s obligation to the client is either to draw the document himself or to have it drawn by some other duly qualified and competent person, and he accepts legal responsi­ bility for the document whether it is drawn by himself or another. It was decided by the High Court in re E . W. K ing & Co. Ltd. (1944, 1 .R. 455), that the client’s liability for the fee paid to counsel in addition to the solicitor’s charges for drawing the memorandum and articles o f a company was not affected by the fact that counsel at his own request drew the documents without the assistance of a draft prepared by the solicitor. In the opinion of the Council the liability of the client is the same whether the document is drafted by the solicitor and submitted to counsel, or drafted by counsel and submitted to the solicitor, and the whole amount o f counsel’s fee is chargeable against the client unless it is a special fee, in which case other considerations may arise. Memorandum and Articles o f Association pre­ pared by accountants A M ember reported that he had been requested by an accountant to make the declaration of compliance with the statutory requirements o f Section 17 (2) of the Companies (Consolidation) Act, 1908. The memorandum and articles had been prepared by the accountants and the solicitor was not engaged in the formation o f the company. It was ordered that the

member should be informed that a solicitor is not entitled to make this declaration unless he is engaged in the formation o f the company. PROCEEDINGS AGAINST SOLICITORS P ursuant to an order of the Chief Justice dated 26th January, 1951, the name o f Louis Gillie, who formerly practised at Virginia, Co. Cavan, has been struck off the Roll o f Solicitors following his con­ viction on a criminal charge. Pursuant to an order o f the Chief Justice dated 26th January, 1951, made on a report from the Statutory Committee, Mr. Michael J. K . Dore, who practised at Newcastle West, Co. Limerick, has been suspended from practice until further order o f the Court. PROCEEDINGS OF THE OIREACHTAS To the Minister for Finance. Q uestion : To ask the Minister for Finance if he will state the amounts collected by the Revenue Commissioners during the period 31st March, 1925, to 31st March, 1950, in stamp duties on (a) indentures of apprentices to solicitors ; ( b) forms of admission to the roll of solicitors; and (c) annual licences of solicitors. —Peadar Cowan. For answer not before Wednesday, 14th February, 1951. A nswer : The aggregate amounts of stamp duty paid during the period from the 31st March, 1925, to the 31st March, 1950, on Articles,, of Clerkship to solicitors and on Annual Certificates taken out by solicitors were £ 1 18,400 and £203,997, respectively. It is estimated that during the same period, stamp duty amounting to £32,600 was paid on instruments of Admission as a Solicitor. LEGAL DECISIONS AFFECTING THE PROFESSION Clarkv. UlsterBank, Ltd. (1950),N. 1 . 132: A solicitor has an account with the Ulster Bank. In 1941 he opened a No. 2 account for the purpose of banking clients’ moneys, but he did not state this purpose to the bank at the time. In July, 1944, the solicitor’s per­ sonal account was in debit to the amount o f £12,953, while the No. 2 account stood in credit to the amount of £12,624. The bank accordingly claimed that it was entitled to set off the amount for which the personal account was in debit against the amount which the No. 2 account was in credit. The solicitor sought a declaration against the bank on the grounds (i) that it was a term o f the contract between himself and the bank that the bank would honour cheques drawn on No. 2 account while it was in credit; (ii) that the