The Gazette 1964/67

plaintiff's behalf. In re Thomson was distin guished on the grounds that while a solicitor could not be expected to mutilate a letter book kept for his own protection by tearing out pages and delivering them to the client he could and should hand over copies kept in the case file (Marshall v. McAllister—1952 N.Z.L.R. 257). Marshall v. McAllister is a New Zealand decision and might not be followed by our Courts. As a solicitor would normally keep carbon copies of letters written by himself for his own protection it seems to imply that he should keep two carbon copies one for the client and one for himself. This is not a general practice. The Council adopted a report of a committee which stated that on the authority of in re Thompson a solicitor is not obliged to supply letters from his file written to third parties on behalf of the client unless the copies are paid for by the client. The committee did not regard the New Zealand decision in Marshall v. McAllister as a binding authority in this country. President and Vice-Presidents Mr. Robert McD. Taylor, Drogheda, has been elected President of the Society. Messrs Patrick O'Donnell, Dungloe, and James R. C. Green, Dublin, have been elected Vice-Presidents. ORDINARY GENERAL MEETING An Ordinary General Meeting of the Society was held in the Library, Solicitors' Buildings, Four Courts, Dublin, on 18th November, 1965. The President took the chair at 2.30 p.m. The Notice convening the meeting was by permission taken as read. The Secretary read the minutes of the Ordinary General Meeting held on 22nd May, 1965, which were confirmed and signed by the Chairman. The Secretary read the report of the scrutineers on the ballot for the Council for the year 1965-66. The President declared the result of the ballot in accordance with the scrutineers report as follows: Ordinary Members John C. O'CarroIl (Ulster), Reginald G. Nolan (Leinster), Thomas E. O'Donovan (Munster), Francis A. Armstrong (Connaught). Provincial Delegates Returned Unopposed The following received the number of votes placed after their names: Desmond J. Collins ....................................... 563 John Carrigan ............................................. 545 Eunan McCarron .......................................... 541 49

Act will be civil servants and strongly recom mend to the Law Society that if this is so immediate representations should be made that the final decision in workmen's compensation case should be referred to a judicial tribunal." By direction of the Council a memorandum already prepared was sent to the solicitor members of the Oireachtas and a copy to the Department of Local Government. Legal Aid The following resolution was received from the Midland Solicitors Bar Association: "That the Midland Solicitors Association at annual meeting do strongly protest against the inadequate scale of fees awarded in legal aid criminal cases." Consideration of the matter was adjourned. Accountant's Certificates The following resolution was unanimously adopted: "That the Council approve in principle of the recommendation in the report of the Policy and Compensation Fund Committees for the bringing into operation of the accountants' certificate pro vision under section 31 of the Solicitors (Amend ment) Act 1960." Client's Right to Documents on Change of Solicitor The following are the authorities on the right of a client to correspondence and other documents on termination of the solicitor's retainer. A solicitor is not bound to deliver to his client on the termination of his retainer letters addressed to him by his client nor copies in his letter book of his own letters to his client (re: Wheatcroft—1877 6.Ch.D.97). On payment of a solicitor's bill client is entitled to the possession of letters written to the solicitor by third parties but not to copies of letters written by the solicitor to third parties, unless they are paid for by the client in re : Thomson (1855. 20. Beav. 545). The Court of Appeal of New Zealand held that the defendants a firm of solicitors practising in New Zealand were liable to surrender to the plaintiff the carbon copies of letters which they had written to the