The Gazette 1958-61

PROCEEDINGS AGAINST UNQUALIFIED PERSON ACTING FOR HEIR CHASER

able on transferring property from a subsidiary to a parent company. ATTORNEYS' COSTS IN THE U.S.A. NEW YORK STATE THE Society on behalf of a member had occasion recently to make enquiries as to the procedure for taxation of Attorney's costs in uncontested probate matters in the State of New York. The following information obtained as a result of the enquiries is published as being of interest to members. Section 231-3 of the Surrogate's Court Act provides as follows : At any time during the administration of an estate, and irrespective of the pendency of a particular proceeding, the Surrogate shall have power to hear an application for and to fix and determine the compensation of an attorney for sendees rendered to an estate or to its representative, or to a devisee, legatee, distributee or any person interested therein; or of an attorney who has rendered legal services in connection with his official duties as an executor, administrator, testamentary, trustee, or guardian; or in proceedings to compel the delivery of papers or funds in the hands of such attorney. Such proceedings shall be instituted by petition of a representative of the estate, or a person interested, or an attorney who his rendered services. Notice of the application shall be given in such manner as the Surrogate may direct. The Surrogate may direct payment therefor from the estate generally or from the funds in the hands of the representative belonging to any legatee, devisee, distributee or person interested therein. In the event that any such attorney has already received or been paid a sum in excess of the fair value of his services as thus determined, the Surrogate shall have power to direct him to refund such excess. There is no fee schedule in the Courts in New York. In some cases the local bar association es tablishes what is called a " Minimum Fee Schedule" which has no binding force, but which will furnish some guidance. For instance, such a schedule has been adopted by the Bar Association in Queen's County, one of the Counties in the City of New York, and also by Nassau County, which is not in the city but an adjoining County. However, these schedules do not cover a contested probate. They do suggest a minimum fee for an uncontested probate which is more or less routine, in which the percentage is roughly 4-5% of the gross estate where the estate is in the §20,000 range. For a contested matter, the usual considerations of time spent, difficulties involved, the nature of the services, amount involved, professional standing, and results obtained are applicable. instruments conveying or

ACTING on evidence supplied by a member on behalf of a client who is a beneficiary in an American estate, the Society instituted proceedings in the Dublin Atetropolitan Court against the defendant, who is a civil servant, for a contravention of Section,^ 58 (i) (b), of the Solicitors Act 1954. Under thej| section it is an offence for an unqualified person, fot| or in expectation of fee or reward, to procure or tol attempt to procure the execution by an Irish citizen,! of a document relating to real or personal estate situated outside the State and the United Kingdom or any legal proceeding actual or in contemplation in relation to such property. Under the document executed by the beneficiary at the defendant's request, she undertook to pay one third of the sum-' received by her to the American heir chaser for his; sendees. Subsequent to the institution of proceed-! ings the defendant admitted the offence and gave an undertaking not to repeat it and the Society allowed the proceedings to be struck out on receiving a full J" indemnity against the costs. RESOLUTION of Metropolitan Directors of Solicitors';^ Benevolent Association held on ist October, 1958,"^ at the Solicitors' Buildings, Four Courts. The following Resolution was proposed by Mr. Dineen B. Gilmore and seconded by Mr. Patrick R. Boyd and duly passed unanimously : RESOLVED : that the Directors of the Solicitors' Benevolent Association having received with great regret the resignation of their Chairman Mr. Richard A. O'Brien hereby record their appreciation of his conduct of the business of the Association as Chairman and of his untiring efforts during the period of 21 years in office to advance the charitable objects for which the Association was founded. THE SUPREME COURT WILLIAM L. DUGGAN, APPELLANT. THE INCORPORATED LAW SOCIETY OF IRELAND, RESPONDENTS. On November i4th the Supreme Court delivered J judgment allowing the appeal of Mr. William L. Duggan against an order of the Chief Justice by| which the Chief Justice refused to discharge a| direction from the Society to the Registrar of8 SOLICITORS' BENEVOLENT ASSOCIATION