The Gazette 1949-1952

Valuation on the subject of the delay which occurs in the assessment o f the value of land for death duty purposes. Costs o f Mortgage O n a report from a Committee on the facts o f a particular case, the Council expressed the opinion that in a case in which a solicitor acted for the purchaser o f a holding o f registered land, and also acted for the same client in deducing title o f the property to a building society, who advance the whole or part o f the purchase money on the security of a mortgage of property, the full scale costs in connection with the mortgage were chargeable as a matter o f law, in addition to the scale costs of the purchase of the property, provided that the work in relation to the mortgage specified in the General Order had been substantially carried out. It was decided to inform the member that the practice o f the profession is to charge a reduced fee for the work in connection with the mortgage pro­ portionate to the services rendered. Solicitor’s Privilege A M ember o f the Society, acting on the instruction of a client, wrote to the owner o f a motor vehicle claiming damages for injuries alleged to have been sustained by the client in a road accident. The client subsequently instructed the solicitor to take no further action. The client was subsequently prosecuted on a charge of attempting to obtain money by false pretences, and it was part o f the case for the prosecution that he was not, in fact, involved in any accident. The solicitor received a subpoena from the State to attend and to give evidence before the District Justice. On a report from a committee, the Council decided to advise the member that if the State make a prima facie case that the instructions given by the client to the solicitor to write the letter were in furtherance o f an intention to commit a fraud, such instructions are not privileged, and the solicitor must disclose his authority to write the letter, but should claim privilege in respect o f other conversations with the client. Rights o f Solicitors paying lower licence duty T he Council considered a report from a committee on a query from a solicitor who pays the lower rate o f licence duty as to whether he is entitled to practise in Dublin Metropolitan District Court. The Committee reported that, in their opinion, such a solicitor is entitled to appear occasionally in the Dublin Metropolitan Court and that if he has not an office in Dublin (other than the office

of his registered Dublin agent) such occasional appearances would not constitute practising or carrying on business in the city o f Dublin. The Committee reported that the determination of this question is a matter for the justice, but that, in their opinion, the question should not be raised by a Dublin solicitor against a country solicitor. The report o f the Committee was adopted. N ovember 24, 1949. The President in the chair. Also present: Messrs. Joseph P. Tyrrell, V .P .; Arthur Cox, Desmond J. Mayne, James J. O’Connor, Thomas A. O’Reilly, Dermot P. Shaw, W. S. Hayes, John J. Nash, Gerald J. O’Donnell, John R. Halpin, Alexander S. Merrick, W. S. Huggard, William J. Norman, G. A. Overend, John P. Carrigan, James R. Quirke, Daniel OTJonnell, N. S. Gaffney, D. R. Counahan, Sean O hUadhaigh, John J. Bolger, L. E . O’Deaghaidh, Patrick F. O’Reilly. The following was among the business transacted : Applications under Sections 16 and 18 A n application by a law clerk for liberty to be bound for three years only, under Section 16, was granted. The Council also considered an application from the same clerk under Section 18, to the Chief Justice, for exemption from the Preliminary Examination, and decided not to oppose it. Solicitors to local authorities T he Council considered a report from the Legislation and Privileges Committee on the salary offered for the whole time position o f law agent to a local authority. A deputation was appointed to seek an interview with the Minister for Local Government on the subject, with particular reference to the recently advertised position o f law agent to the Cork County Council. D ecember 2, 1949. The President in the chair. Also present: The following was among the business transacted :— Extraordinary members o f the Council T he Secretary read a letter from the Incorporated Law Society of Northern Ireland appointing Messrs. Alexander S. Merrick, Ralph Neilson, George Murnaghan, Charles MacLaughlin, James C. Taylor, as the extraordinary members on the Council from the Incorporated Law Society o f Northern Ireland. The nomination was adopted.