The Gazette 1952-1955

report the Committee stated that Section 12 of the Land Act, 1939, empowers the Judicial Commiss­ ioner to direct that payments out o f the costs fund be made either wholly or to a specified extent in cash instead o f in Land Bonds. The Secretary was directed to take the matter up with the Secretary o f the Land Commission and to report to the Council in due course. Press Notices by Solicitors T he Council considered on a report from a Com­ mittee the notices which may be published by solicitors in the legal and public Press in accordance with the rules o f professional etiquette. The opinion o f the Council for the guidance o f members is printed in this issue o f the Society’s G azette . Election o f the Council for 1953-54 P ursuant to Bye-law 29 ( a ) the Council appointed 19th October, 1953, as the final date for receipt o f nominations for the election o f the Council for 1953-54 and 19th November, 1953, as the date of the ballot for the Council. PRESS NOTICES BY SOLICITORS. T he C ouncil have recently reconsidered on a report from a Committee the question o f the Press notices which may be published by solicitors in accordance with professional etiquette. The ques­ tion may be considered from jthe aspect o f (a) notices in the legal press and ( b ) notices in the public press. There is as a rule no difficulty about notices in the legal press but in the past it has not been regarded as permissible to publish in the public press such notices as change o f a solicitor’s address or telephone number and other information concerning the solicitor personally. Having fully considered the matter the Council have expressed the opinion that it is permissible for a solicitor to make one insertion in each re­ cognised Irish daily or local newspaper circulating in the district in which he carries on his practice of any o f the following notices :— (a) Change o f address or telephone number. provided that in any case the notice has not the form or appearance o f an advertisement. A solicitor commencing independent practice after dissolution o f a partnership o f which he was a member may publish one notice thereof in accordance with the above conditions, (b) Commencement o f practice. ( c ) Dissolution o f partnership.

CIRCUIT COURT RULES. Solicitor and own Client Costs

I n a recent taxation between solicitor and own client before the Taxing Master under the new Circuit Court Rules the point was made that, as the Circuit Court Rules 1950 do not prescribe any scale o f solicitor and own client costs, the Taxing Master has no jurisdiction to award any more than the ordinary party and party costs in accordance with the schedule to the Rules. Order X L , Rule 16 o f the Circuit Court Rules, 1932, provided, inter alia, that nothing in the Rules or schedules o f costs should limit or affect the right o f a solicitor to charge according to the ordinary solicitor and client scale o f costs in force when the rules came into operation. Order X L , Rule 28 provided that costs as between solicitor and client were to be taxed on the then High Court scale less one-third. In the Circuit Court Rules, 1950 there is a curious departure from the provisions o f the Circuit Court Rules, 1932 relating to solicitor and own client costs. Order 58, Rule 13 provides expressly that nothing in the order or the schedule o f costs shall limit or affect the right o f a solicitor to charge costs as between solicitor and client for work done or professional services rendered. There is, however, no provision similar to Order X L , Rule 28 o f the Circuit Court Rules, 1932, prescribing the scale upon which solicitor and own client costs are to be taxed. It may well be that Order X L , Rule 28 o f the Circuit Court. Rules 1932 was restrictive and not enabling, and that the omission o f this restriction from the Circuit Court Rules 1950 gave the Taxing Master discretion to allow the full High Court scale on the taxation as between solicitor and own client o f a bill of costs for proceedings in the Circuit Court. Order 15, Rule 6 o f the Circuit Court Rules, 1950, contains a new provision enabling the County Registrar when directed by the Judge or empowered by the rules to tax all bills o f costs, including costs as between solicitor and client. _ It may well be that this provision, giving the County Registrar jurisdiction to tax as between solicitor and client, applies only on an order o f the Circuit Court direct­ ing payment by an unsuccessful party o f the costs o f proceedings to be taxed as between solicitor and client, and that the Rule does not apply to the taxation o f costs between solicitor and own client, i.e., on a requisition to tax outside court between the client and his solicitor. Before 1950 the taxation o f solicitor and own client bills of Circuit Court proceedings was a function of the Taxing Master 47