The Gazette 1964/67

A purchaser's non-legal expenses (i.e. expenses other than solicitor's fees) on a sale by auction average 76 % of the total expenses (other than price), at £3,000, 83 % at £10,000, 89% at £30,000 and so on progressively. Other points which should be emphasised are :— The ever increasing burden of overhead expenses (rent, rates, salaries, etc.) now at least 5O%-6o% of fees earned. In an important High Court action total costs might amount to £650. Of this sum £320 is represented by out of pocket payments by the solicitor for counsel's fees, witnesses' expenses and other necessary disbursements. This leaves £330 gross solicitors' fees of which £i5O-£2oo is absorbed by overhead expenses leaving net fees £ii5-£i3O before payment of income tax from a total bill of £650. The additional expenses of solicitors' offices caused by unsatisfactory service from various Government offices. An hour's counter delay for routine business is not unknown and six months' delay is accepted as normal practice in some departments. Delays of this kind are reflected in wage and salary bills. The solicitor, unlike counsel, carries liability for negligence if the client suffers financial loss through error or omission in the solicitor's office. Comparisons with fee scales in England and elsewhere are misleading without taking account of all the circum stances. In England, Scotland and Northern Ireland there is a comprehensive civil legal aid and advice scheme. In England the annual State subsidy is £5,000,000. The cost is less in Northern Ireland and Scotland, but the common feature of the scheme is that solicitors have a State guarantee of their fees for business done for clients in the lower income brackets eligible under the scheme. There are also other differences in the legal system such as the existence of divorce legislation and a heavy volume of industry and trade which make simple comparisons misleading. Conveyancing and property transactions have been made more difficult in recent years by the revenue stamp duty provisions and more recently by the restrictions in property transfers under the Land Act, 1965. These new Acts have introduced complexity where the law was once simple and clear and a mistake in interpretation may result in payment of the price by a purchaser who will get no title under the deed. Solicitors must also be fully conversant with Town Planning law which was unknown when the fee scales were first fixed. CLOSING REMARKS At this Summer Meeting, I have dealt rather briefly with matters of interest to the profession in general. May I close by informing you that during the remainder of my year of office, my every effort will be spent in trying to carry out the duties of that office. I cannot hope to equal the success of my Pre decessors but if I do, it will be to a great extent due to theloyal assistance and co operation of the entire Council of the Society and in a very particular way to the help I will get in every conceivable way from my Vice Presidents, Mr. Robert McD. Taylor and Mr. Eunan McCarron. Mr. Eric Plunkett is as always a tower of strength and his assistance and guidance over the past half year have been a wonderful help to me in all the work I have had. I know I can always rely on him and also on his staff to go out of their way on any possible occasion if I ask their assistance in any matter however important or trival. I thank you for listening to me so patiently and with great attention.

5. Messrs. Alexander McDonald, Thomas Jack son, Brendan P. McCormack, Roderick Tierney and John R. McC. Blakney were appointed scrutineers for the ballot of the Council for 1965/66 on the proposition of Mr. Desmond J. Collins seconded by Mr. Dinnen Gilmore. 6. General discussion followed as a result of the President's speech in which the following members took part:—Messrs. A. J. McDonald, F. Armstrong, T. A. Lynch, J. Carrigan, F. Gannon, P. C. Sweeney, J. F. Foley, T. C. G. O'Mahony, P. O'Donnell, J. Jermyn, T. J. O'Keeffe, F. Britain, G. J. Maloney, T. J. Fitzpatrick, D. J. Collins, P. Noonan, H. J. Walker, J. J. Nash, J. Griffin, J. F. Glynn. The meeting which was attended by representatives from all parts of the country passed a resolution viewing with concern the views expressed by the Minister for Justice in his speech to Tuairim at Cork and supporting the Council of the Society in any action it might take for the protection of the independence of the profession. ADMISSION CEREMONY Before presenting Parchments to recently qualified solicitors, the President, Mr. John Maher, spoke as follows :— Ladies and Gentlemen, it is my privilege to come here to-day and to present to you the certificates of enrollment as newly admitted solicitors and on behalf of the Council of the Law Society to welcome you to the solicitors' profession. You have completed a long and arduous course. To-day marks the end of that struggle but it does not mean that you can sit back and cease to strive. The many hours you have spent in study have more meaning to them than merely learning for the sake of passing an examin ation. They had a further purpose and that is to prepare you to be able to go out and face the world and help all people, who have recourse to you, to go on their way with the benefit of proper and correct legal advice. You are armed with a great theoretical knowledge of the law but now it behoves you to put that into practice. How will you do this? Some of you may be fortunate in having a father or mother or relative already in practice who is looking forward to having you join them in their already established firm. I had the good fortune to join my dear father, God rest him, who had been in practice at the time for 34 years and in my early days I could always turn to him at any moment and get the benefit of his years of experience and in my later days even up to the time of his death in 1961 I could still go to him and