The Gazette 1949-1952

time solicitors who acted for each of the following bodies :— Cork County Council, North Cork Board o f Health and Assistance, West Cork Board of Health and Assistance, South Cork Board of Health, South Cork Board of Assistance. From information before the Council it appears that the taxed costs appropriate to the work done by these solicitors over a period o f years could average out at not less than £4,000 per annum. Assuming that overhead office expenses would absorb 10/- in the £ , these five solicitors between them earned at least £2,000 per annum net, in addition to carrying on private practice. The Department now ask for the exclusive services of a solicitor to act as law agent for all the local government work of the county at a salary of approximately half the net profit taxed costs value of the work to be done. 3. The figure of £4,000 given above as the estimated gross yearly taxed costs appropriate to the five offices mentioned in paragraph 2 will almost certainly be greatly exceeded in future years having regard to the probable increase in local government work. This is due, firstly, to the initiation and development o f housing schemes throughout the country and the great expansion o f work under the Small Dwellings Acquisition Acts. Secondly, it is obvious that the duties o f a wholetime law agent are inevitably heavier than the sum of the duties of the part-time solicitors whom he replaces, for the reason that the payment of taxed costs is a restraining influence, and no official except the highest was free to consult the solicitor without a specific authorisation. This restraint is removed where there is a whole-time salaried solicitor, and as there is little in local government which cannot be related to law the field o f responsibility of the solicitor is corres­ pondingly widened. The Council do not object to this ; they merely point to it as calling for the payment of adequate remuneration. 4. The Council further wish to point out that, certainly in Dublin, and probably in other areas, the salary offered for the office of law agent is less than that of the County Medical Officer or County Engineer. The Council would deprecate, and in the interest of the profession as a whole, would feel obliged to use their influence against a policy which would result in the payment of solicitors, either generally or in any particular case, less favourably than other professional men in the local government service. The Council 45

Court and Offices Committee : Joseph Barrett, Niall S. Gaffney, Desmond Mayne, John J. Nash, Daniel O’Connell, James J. O’Connor, Sean 6 hUadhaigh, James R. Quirke, Joseph P. Tyrrell. Finance Committee : Henry St. J. Blake, John j. Bolger, John Carrigan, William L. Duggan, Roger Greene, William S. Huggard, Louis E. O’Dea, Patrick F. O’Reilly, George A. Ovcrend. Gazette Committee : Joseph Barrett, John Carrigan, Niall S. Gaffney, Francis J. Gearty, John R. Halpin, Desmond Mayne, John J. Nash, John D. O’Connell, J. Travers Wolfe. The President, last President, and the Vice- Presidents are members ex-officio o f all Committees. COUNTY SOLICITORS M emorandum from the I ncorporated L aw S ociety of I reland to the M inister for L ocal G overnment on the inadequacy OF THE SALARY OFFERED FOR THE POSITION OF WHOLETIME LAW AGENT TO A LOCAL AUTHORITY. 1 . A number of local authorities with the sancdon of the Department have recently decided to appoint wholetime law agents on a salary basis, instead of part-time solicitors remunerated by taxed costs as heretofore. The salary offered is on the scale, £1,000—£25—£ 1,15 0 , with a temporary allowance of per cent. The solicitor is obliged to pay a contribution of 5 per cent, of his salary to a superannuation fund. 2. The Council feel it incumbent on them to inform the Department that they consider that the salary scale of £1,000—£25—£ 1,15 0 is entirely inadequate for the wholetime position of law agent to a local authority having re­ gard to the qualifications required o f the holder of the office, and the exacting and responsible nature o f the duties, which he is required to discharge. The salary offered is a uniform scale of £1,000—£ 2 5—£ 1,15 0 , irrespective of the population, area, and volume of work, which varies in different counties. This alone, in .the submission o f the Council, shows that in fixing the scale insufficient consideration has been given to the nature o f the duties o f the county solicitors and the proper scale o f remuneration for the office. As an illustration o f the inadequacy of the salary offered the Council have particularly in mind the position o f law agent to the Cork County Council. A solicitor accepting the office on the terms offered will be required to undertake the duties which, prior to 1942, were performed by separate part­