The Gazette 1952-1955

Council considers that the companies should accept the principle that where there is an established relationship o f solicitor and client, and where the client so requests, a company should retain the solicitor o f the insured for such business unless the company considers that there are special circumstances necessitating the employment of another solicitor.” Irish and English solicitors. Agency com­ mission T he Council considered correspondence between ffip Society and the Law Society, London, on the subject of the effect o f the English Solicitors’ Pro­ fessional Practice Rules, 1933, on the allowance of agency commission to Irish solicitors. Members o f the English Law Society had enquired whether the allowance of such commission is prohibited by the statutory regulations. Following correspondence between the two Societies it has been agreed that each Council approves o f the mutual allowance of the usual agency commission between Irish and English solicitors. Small Dwellings (Acquisition) Acts and costs M embers enquired whether any reduction should be made in the costs payable by a purchaser- mortgagor in a case in which a plot o f ground was purchased for £90 and a loan of £1,500 was obtained from the Local Authority under the Small Dwellings (Acquisition) Acts for the erection o f a dwelling- house. The opinion of the Council was that the scale fee should be charged in respect o f the mortgage and that the solicitor acting for the purchaser- mortgagor would be entitled to charge a nominal fee in respect o f the purchase. In a case in which a solicitor acts for a purchaser-mortgagor, the con­ sideration for the purchase being equal to or greater than the amount o f the advance on mortgage, the Council’s opinion is that the solicitor acting for the purchaser-mortgagor should charge the scale fee on the purchase and would be entitled to charge a reduced fee in respect of the mortgage. Estate Duty Office and valuation for death duties T he Council considered correspondence between a member and the Estate Duty Office from which it appears that the value o f leasehold property returned in the Inland Revenue affidavit was referred by the Estate Duty Office to the Valuation Office for a report. The Controller o f Death Duties subsequently wrote to the solicitor for the executors stating that a report had been received from the Valuation Office in respect o f the leasehold property included in Form 77 and returned therein at £500, and that

Walker, John R. Halpin, Derrick M. Martin, Dermot P. Shaw, Joseph Barrett, John B. McCann, James J. O’Connor, Patrick R. Boyd, John J. Nash, George G. Overend, John L. Kealy, Francis J. Lanigan, William J. Norman, Joseph Morrissey, T. A. Buckley, Henry St. J. Blake, Joseph P. Lynch, Thomas A. O’Reilly, John J. Sheil, Senator O’Reilly, John Carrigan. The following was among the business trans­ acted :— Incidence o f costs as between vendor and purchaser M embers had written to the Society stating that clients had been required to sign conditions o f sale o f property by public auction containing a clause that the purchaser should pay the costs o f the vendor’s solicitor and all costs and expenses o f and incidental to the sale. It was decided to draw the attention of the solicitors concerned to the opinion of the Council expressed in the Society’ s G azette for May, 1951, which is reprinted in the current issue. Conditions o f Sale. Clause that vendor’s solicitor will prepare conveyance T he attention of the Council was drawn to a clause in conditions of sale which provided that the con­ veyance would be prepared by the vendor’s solicitors. The Council expressed the opinion that it is, prima facie, unprofessional for a solicitor acting for a vendor to introduce into the conditions o f sale a clause that the conveyance to the property will be prepared by the vendor’s solicitor. The long standing custom of the profession is that the con­ veyance should be prepared by the purchaser’s solicitor who is responsible for protecting the purchaser’s interests. There may be special cir­ cumstances which would justify the insertion of a clause to the contrary effect in the conditions o f sale, but they are unusual. The inference to be drawn from such a clause is that the vendor’s solicitor is willing to act for the purchaser. In a case in which the purchaser is separately represented the effect of such a stipulation is that the purchaser’s solicitor will not be entitled to charge the com­ mission scale fee. Insurance Companies and retainer o f solicitors in negligence cases T he Council passed the following resolution:— “ While acknowledging the right o f an insurance company to retain any solicitor or firm o f its choice to transact legal business arising on claims against its insured, the