The Gazette 1952-1955

T he Council expressed the opinion that, as a matter o f professional etiquette (apart from the question of law with which the Council were not concerned), AB was liable only for the sum of £44 15 s. 6d. in respect of the business in which he himself instructed the solicitors. This opinion was based on the fact that AB did not take over the name o f CD, but continued practising under his own name only. The privity of AB with the English solicitors arose only from the fact that he instructed them on fresh business after taking over the practice of CD, which, in effect, amounted to taking over the lease of the premises and the office books and papers. I f he had continued the practice under CD’s name, with or without the words “ and Co.,” different considerations might arise. The professional obligation o f AB to pay the sum o f £58 5s. n d . continued. A m e m b e r was asked to act as a Secretary of a building development Company in course of formation and to allow his office to be used as the Company’s registered office. He wished to know whether this was open to objection. On a report from a Committee the Council decided that there is no objection to members acting as Secretary to the Company subject to the following : (i) he should not be described as a solicitor on the Company’s notepaper; (ii) no reference should be made on his office notepaper to the fact that he is Secretary to the Company; (iii) he may act as solicitor for the Company in conveyancing transactions, but should not act for lessees or purchasers from the Company. There is no objection to the use of member’s office as the registered office o f the Company or the display of a suitable plate with the Company’s name. Agency Commission F irm A acted as agents for firm B, of Belfast, on the usual agency terms for the conduct of an action in Dublin. After termination of proceedings A ’s costs were drawn by a cost drawer not in the wholetime employment of the firm, and he was paid a fee for his services. Firm A maintain that the cost drawer’s fees should be deducted Solicitor acting as Secretary for a Building Company

from the profit costs before ascertaining firm B ’s one-third agency, on the ground that the cost drawer is a specialist, and that his work is not included in the ordinary services rendered by a solicitor in the course o f an action. Firm B maintain, that the drawing and taxation of the bill is solicitors’ work, and that the agency com­ mission should be calculated on the gross profit costs before deducting the cost drawer’s fee. On the facts submitted the Council held, as between the parties, that the agency commission should be calculated on the gross professional costs without regard to the fee paid to the cost drawer. Joint Committee with the Bar Council T h e Council considered a letter from the General Council of the Bar o f Ireland welcoming the suggestion for the establishment o f a joint consulta­ tive body between the Bar Council and the Society, and suggesting that the Joint Committee should consist o f three members from each Council. It was decided that the members o f the Joint Com­ mittee from the Council of this Society should be appointed after the election of the new Council on November 20th. SOLICITORS’ REMUNERATION. LAND REGISTRY CONVEYANCING T he following is a copy o f the Society’s application to the Land Registration Rules’ Committee :— Ref. C/42/52. 11 th June, 1952. D ear S ir , The Council, on behalf of the profession, wish to make the following submissions to the Land Registration Rules’ Committee. The application deals separately in the following paragraphs with the following matters :— 1. The scale fee on sales and purchases of registered land where equities have not been discharged. 2. The scale fee on sales and purchases of registered land where equities have been discharged. 3. Costs of transfers, other than transfers on sale, by a registered owner or his personal representative. 4. Item charges in detailed bills for work in respect o f registered land, other than sales and purchases.

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