The Gazette 1952-1955

Preliminary. September

7th

COSTS OF RENEWAL LEASES UNDER PART III OF THE LAND­ LORD AND TENANT ACT, 1 9 3 1 . T he Council understand that the Taxing Masters have decided that in general, a renewal o f a lease made pursuant to Part III o f the Landlord and Tenant Act, 1931, is a lease at less than a rack rent, and accordingly, where the lease is a long lease, that the scale o f costs applicable is the higher scale under Part II, Schedule 1, S.R.G.O. 1884, as sub­ sequently amended. The Council are o f the opinion that solicitors' should normally charge the higher scale in such cases, unless the rent charged in the renewal lease can clearly be shown to be a rack rent. It is, however, realised that in the case o f a large rent, the higher scale of costs may be out o f propor­ tion, and therefore, in the case o f a large rent, or where there are other special circumstances, the Council will not consider that the solicitor is under­ cutting if he elects to charge on the scale applicable to a lease at a rack rent. SOLICITORS’ BILL, 1954 . O n July 7th, the Solicitors’ Bill, 1954, was intro­ duced in Dail Eireann and received its first reading. It was announced that the second stage o f the Bill would be taken on October 27th. T he attention o f assistant solicitors and their employers is drawn to the provisions o f section 43 o f the Stamp Act, 1891, which provides that every person who directly or indirectly acts or practises as a solicitor in any Court, without having in force at the time a duly stamped certificate, contravenes the section and incurs the monetary penalty provided in section 43 (1). The section provides that such person shall be incapable of maintaining an action for the recovery o f any fee, reward or disbursement in relation to any act or proceeding done or taken by him in such capacity. The Council take the view that while it is unnecessary for an assistant solicitor to take out a Registrar’s certificate as long as he is employed merely in an office capacity, a certificate is necessary if he appears in Court as an advocate either for a client of his own, or for a client o f the solicitor by whom he is employed. An assistant solicitor who practises in Court without taking out a practising certificate in contravention o f the terms 2 1 ASSISTANT SOLICITORS. OBLIGA­ TION TO TAKE OUT PRACTISING CERTIFICATES.

and 8th.

• August 17th.

First and

September

24th

Second Irish.

and 25th.

September 3rd.

BUILDERS’ ADVERTISEMENTS. T he Council have on several occasions considered the form of advertisements for the sale o f new houses published by some builders containing references to solicitors’ costs. There are a number of variants, some of which while not referring to the solicitors’ costs are intended to convey to potential lessees or purchasers that there will be no need to seek independent advice as this service will be given by the lessors’ solicitors. In the view o f the Council, these references are open to objection in the interests both o f the public and o f the profession. It is misleading to suggest that the lessor’s solicitor will protect the interests o f the lessee or purchaser free o f charge, as in many cases there may be a conflict o f interest either in regard to the title to be deduced or the covenants in the lease, or both. Furthermore, the publication o f such advertisements is a direct inducement to the public to seek the services o f a particular solicitor, which, if the solicitor were a party to it, might amount to a disciplinary offence. Representations have been made to the builders’ organisations that advertisements published by their members should not contain any reference to solicitors’ costs. The Council have not succeeded in securing a firm observance o f this proposal, one reason presumably being that there are a number of builders who are not members o f any organisation. Several cases have been brought to the notice o f the Society in which members have, the Council feel inadvertently, been associated with such references. For the guidance o f members, the Council have decided to publish their considered view that it is unprofessional for a solicitor acting for a lessor or builder to act also for the purchaser or lessee if the advertisements published can reason­ ably be regarded as suggesting that the purchaser or lessee should retain the lessor’s or builder’s solicitor. It is also unprofessional for a solicitor acting for a lessor or builder to permit a client to use his name in any advertisement which contains a reference to costs. The Council further consider that where an advertisement which is objectionable for any o f the above reasons is published by a lessor or builder, it is the duty o f the solicitor acting for either on becoming aware o f the adver­ tisement to request that it should be discontinued or corrected, and to intimate that he will be obliged to refuse to act unless this is done.