The Gazette 1964/67

of the offices has increased many hundreds of per cent and the staffs are not larger in many instances than they were twenty years ago. LEGAL COSTS We are living in an age of social and economic planning and as citizens we must accept its necessity and recognise the benefits which it can create in its proper field. We are not opposed to progress, efficiency and reform ; on the contrary it is our duty to support them. The State extends its field of influence and power more widely every year. The complexity of economic and financial problems necessitates the transfer of power on an increasing scale from the legislature to the executive and finally from the executive to its administrators and managers. Plans can only be approved in broad outline by the Oireachtas. The real exercise of power is the implement ation of the plan by the experts and thus of necessity involves interference with personal freedom. The rights of the small man in the sphere of civil and even criminal law may be brushed aside by powerful interests, even by the State itself and there have been cases of such oppressive action both in this country and in England within recent years. Accepting the necessity for economic planning it must be obvious that an independent legal profession and free press are more essential now than ever before so that the balance may be redressed in favour of the private citizen who would otherwise be defence less and indeed voiceless. The greatest danger to civilised Society to-day is that anyone who expresses a minority view will be regarded and treated as a crank and that men will be so indoctrinated with plans for material progress that they will lose the ability and even the desire to safeguard their personal freedom. The solicitors' profession has an important role in this field. We stand between the individual and the State whenever his constitutional rights are threatened and ensure that his case will be adequately presented before independent Courts administering justice in public and freely reported by the Press. In authoritarian States the independence of the legal profession and freedom of the press are not recognised. They must conform to public policy directives laid down by the supreme powers. The Society and the profession can also help to safeguard the interests of the public by subjecting legislative measures, like the recent Succession Bill to informed and expert criticism so that public opinion will be focussed on any defects while they are under discussion in the Oireachtas. Experience has shown that such criticism must be stated publicly and persistently if it is to be effective. This could not be done by a profession subservient to the State for financial, political or other reasons. The Minister for Justice in a recent public speech recognised the valuable service given by the profession and praised the work of the Society in maintaining professional standards. At the same time he proposes to make the profession sub servient to the State by transferring to his Department the function of determining professional fees at present exercised by committees presided over by the Supreme Court or other judges. These committees have been entrusted with this duty for over one hundred years and have exercised it fairly and impartially. This would be a retrograde and unwise measure. It could only destroy the independence of the profession by substituting control by civil servants for control by the judiciary. Solicitors are officers of the Court. It is not in the public interest that the State should have the final control over the financial affairs of a profession whose function is to protect its clients against the State without fear or favour whenever the necessity arises. I cannot close this part of my address without referring to another part of the Minister's speech in which he suggests that the scale of solicitors' fees is too high. In property trans-- actions the solicitors' fee is only a minor part of the total

expense (over and above the purchase price) particularly in sales by auction. The following examples speak for themselves.

EXAMPLES. Sales by Auction

Registered Title

Unregistered Title

Sale price .£3,000 Auctioneers' commission Revenue stamp duty ... Solicitors' fee Land Registry fees Other outlay

Absolute

Possessory

£15° o

o

£150 c o

£150

o o

o o o

90

o

o

90 loo

o

o

90

5000

o

o

87 10

12

9

o

25 16

o

200

200

500

Total expenses

£304

9

o

£367 16

o

£332 10

o

Registered Title

Unregistered Title

Sale price £10,000 Auctioneer's commission Revenue stamp duty ... Solicitor's fee Land Registry fees ... Other outlay Sale price £30,000 Auctioneer's Revenue stamp duty Solicitor's fee Land Registry fee Other outlay ... ...

Absolute

Possessory

£500

o o

o o

£500

o o

o o o o

£500

o o o

o o o

300

300 205

300 200

102 10

o

o

22 16

o

30

o

200

200

500

£927

6

o

£1037

o

o

£1005

o

o

commission £1,500

o o

o o

£1,500

o o

o o o o

£1,500

o o

o o

900

900

900 400

177 10

o o

355

o o

o

o

30

o

30

200

200

500

£2,609 I0 ° £2>787 £2>8°5 Solicitors' fees in conveyancing unlike the other items, are on a declining scale falling from a maximum rate of 2 %, 3} % or 4 % (depending on the nature of the title) on the part of the price below £1,000 to f %, J % or i % on the part of the price exceeding £10,000. If a solicitor carries out ten purchases of registered land at prices in equal steps from £1,000 to £10,000, his average fee will be 2.4% for possessory title with full investigation and 1.6% where the title is absolute. In the £i 1,000—£20,000 range the average rates are 1.6% and 0.8 % respectively. For unregistered titles (broadly speaking urban and town property) the percentages are much the same as for registered property with possessory title, i.e. 2.3 % in the £i,ooo-£io,ooo range and 1.6% in the £io,ooo-£2O,ooo range and so on regressively. The rate falls as value rises. Revenue stamp duty (trebled in 1947) is charged at a flat rate of 3 %. The auctioneers' and house agents' commission is charged at a flat rate as follows; Public auction 5 % every where payable by the purchaser; Private sale, Dublin, 2j% payable by the vendor, elsewhere 5 % payable by purchaser.