The Gazette 1958-61

questions sometime must arise as to whether the solicitor is entitled to retain any of the papers. Where costs are due by the client there is of course a retaining lien on the client's papers but the question is now considered on the assumption that no costs are due. Generally speaking the principle is that the client is entitled to drafts and copies made in the course of business for which he has paid. The general principles are reasonably clear and are stated in the fourth edition of Cordery's Law relating to Solicitors at page 403. Where a solicitor is requested to hand over the files of correspondence is he entitled to retain any letters or copies on the file ? The answer appears to be that letters received by a solicitor from his client and copies of letters addressed by a solicitor to his client are the property of the solicitor (re Wheatcroft 6 Ch.D. 97). Letters written to the solicitor by third parties are the property, of the client although copies of these letters belong to the client only if he has paid for them (re Thompson 20 Beav. 545). Letters written by the solicitor to other parties by the direction of the client, are the property of the client (Howard v. Gunn 32 Beav. 462). The latter statement as printed in Cordery is not very clear. Prima facie it would appear that letters written by the solicitor to another party by direction of the client are the property of the addressee and the question really seems to be whether carbon copies of those letters retained by the solicitor belong to the solicitor or the client. There has been no decided Irish or English case on this subject since the introduction of typewriters. In Marshall v. MacAlister and others (1952 N.Z.L.R. 257) the Supreme Court of New Zealand decided that a solicitor was liable to surrender to his former client the correspondence file carbon copies of letters had been written to two third parties on the client's behalf. Vouchers for payments made on the client's behalf are his property. The Council have decided that such vouchers include counsel's receipts for fees paid. Whether a solicitor can charge for preparing a schedule or list of documents which he hands over to his client depends in law on the question for whose benefit the schedule or list is required. Opinion 90 of the Council printed at page 578 of the 1960 Calendar and Law Directory deals fairly, comprehensively with the question of search and scheduling fees. The Council have stated that as regards valuable documents (i.e., documents of title, wills, etc., specially entrusted to a solicitor for safe custody) no search or other fee can be charged. Where there is no claim for costs the client is entitled absolutely to the documents. As regards

other documents not falling under the description of valuable as defined above, a reasonable search fee may be charged where the business to which the documents relate has been concluded at least one year previously. Those seeking further infor mation on the subject should consult opinion 90. ACQUISITION UNDER THE LABOURERS ACTS TAXATION OF COSTS The Society has been in communication with the Department of Local Government on the difficulties caused by doubts as to the statutory authority of the Taxing Masters of the High Court to tax costs of acquisitions under the Labourers Acts since the making of the Labourers Acts (Solicitors Remunera tion) Order, 1957 (S.I. No. 144 of 1957). That order provided that the special provisions of the Labourers (Ireland) Orders 1912 and 1914 should cease to have effect as respects business undertaken by a solicitor on or after ist October, 1957. It was the intention of the order that the taxation of costs after that date would be carried out by the Taxing Masters instead of by the special taxing officer under the Labourers Acts. A letter has been received from the Department of Local Government stating that the question of giving the Taxing Masters of the High Court statutory authority to tax these costs is now under consideration in the Department of Justice. As regards the arrangements to be made pending the enactment of the proposed legislation it is not considered practicable to endeavour to revert to the position which obtain prior to ist August, 1957 but it is hoped to arrange that local authorities will deal on an interim basis with outstanding bills of costs. Wherever it has come to notice that bills of costs are outstanding the Department has suggested to the appropriate County Manager to consider settlements without taxation or interim payments or some other suitable arrangement to avoid any possible hardship to solicitors. Letters have been written on this basis to the County Managers of Offaly, Clare, Longford, Galway and Kilkenny and the Department will write to any other managers on hearing that difficulties have arisen in their areas with regard to payment of these bills of costs. INDEX TO STATUTORY INSTRUMENTS Published since August, 1959 AGRICULTURE, LANDS AND FISHERIES SUBJECT MATTER AND REFERENCE NUMBERS Agricultural and Fishery Products (Exports of Poultry and Rabbits) (Temporary Amendment)—-188/1959. Agricultural Wages (Minimum Rates)—32/1960, 33/1960.