The Gazette 1946-49

Open (2) such amendments of the law relating to trustees generally, as may be con– sidered of immediate importance. The Council appointed a special Committee to consider the matter and to report back to the Council. Solicitors' Bill THE President reported that a deputation from the Council attended at the Department of Justice in July last and were received by the Minister. The matter discussed at the interview was a letter received from the Department of Justice which stated that the Government had decided to intro– duce the Bill as a Government measure at the earliest convenient date subject to further discussions between the Minister for Justice and the Council inter alia upon a proposal that the Bill should contain provision for the setting up of a fund to guarantee or compensate clients against losses incurred through defalcations by solicitors. It was suggested that the Bill should contain provisions under which the Society should take out a policy of insurance which would cover losses suffered as the result of defalcations by any practising solicitor. The President stated that the deputation had expressed to the Minister the strongly-held view of the Council that any such provision in the Bill is unneces– sary having regard to the very adequate safeguards already inserted therein obliging solicitors to keep separate banking accounts for clients' money and money held by solicitors as trustees. It was urged upon the Minister that the Bill in its present form should be introduced and that if experience shows that the safeguards already proposed to be adopted are insufficient the matter of a guarantee or com– pensation fund could be reconsidered. The deputation had also pointed out to the Minister the large amount exacted from solicitors in annual licence duty and suggested that if any fund were to be set up it would be only fair that the Govern– ment should appropriate the whole or some part of the annual licence duty towards financing it. The Minister in reply had stated that the matter had been considered by the Government and that the letter already written to the Society expressed the Government's considered view. He undertook however, to bring the matter again before the Government for their further consideration. Appointment of Solicitor Dun Laoghaire Borough Council THE Secretary reported that an advertisement had appeared in the morning newspapers inviting applications for the position of solicitor to the Dun Laoghaire Borough Council. The position is to be part-time and non-pensionable, with a salary of to trustees;

£600 per annum ; to maintain an office in the Borough of Dun Laoghaire at a place to be approved by the local authority, and to provide for all office expenditure, typing etc., as well as travelling and subsistence expenses at the local courts. The Secretary reported that following the publication of the advertisement he had written a letter to the Secretary of the Depart– ment of Local Government referring to the inter– view in July last between the Assistant Secretary and a deputation from the Council, when it was understood that the Department agreed in principle that in cases where solicitors were employed by local authorities on the conditions that they should themselves provide staffs and office accom– modation for the purpose of the work, they should be remunerated on the basis of taxed costs and not by way of salary. He had pointed out that the proposed terms of appointment of law agent to the Dun Laoghaire Borough Council was apparently at variance with the unofficial assurance given to the Council on that occasion. The Secretary reported that he had not received a reply to that letter. It was ordered that the Council approved of the letter written by the Secretary to the Department and that a further letter should be written stating that it represented the considered view of the Council and asking for a reply. Application under Section 16 THE Council considered a report from the Court of Examiners on an application under Section 16 by a Law Clerk asking for permission to be bound as an apprentice for a period of three years. The Council being of opinion that the applicant did not come within the terms of Section 16 refused the applica– tion. Costs THE Council considered a report from a Committee on a statement of facts submitted between a County Manager and a member of the Society, who acted as solicitor for a local authority, the facts being as follows : An Urban District Council built twenty- four houses and let them to occupying tenants at an average rent of I5/- weekly, plus rates. In 1938 at the request of the tenants and with the sanction of the Local Government Department a scheme was arranged to enable the tenants to purchase their houses. Each tenant was to be granted a lease for 999 years at I3/- per week, plus rates until 1972 and thereafter at £2 per annum. It was part of the scheme that each tenant should pay all the costs of his lease which were fixed at an agreed sum of £16 in each case. The solicitor for 30 the solicitor appointed Uncompleted transaction Query as to