S.I. No. 165/1960:

SOLICITORS' REMUNERATION GENERAL ORDER, 1960.

SOLICITORS' REMUNERATION GENERAL ORDER, 1960.

We, the body in that behalf authorised by the Solicitors' Remuneration Act, 1881, as adapted by the Solicitors' Remuneration Act, 1881 (Adaptation) Order, 1946 (S.R. and O. 1946 No. 208) made pursuant to the Adaptation of Enactments Act, 1922 do hereby in pursuance and execution of the powers given to us by the said statute as so adapted and of all other powers enabling us in that behalf make the annexed general order.

1. This order may be cited as the Solicitors' Remuneration General Order, 1960 and this order and the Solicitors' Remuneration General Order, 1884, the Solicitors' Remuneration General Order (No. 1), 1920, the Solicitors' Remuneration General Order, 1947, and the Solicitors' Remuneration General Order, 1951, shall be read together and may be cited as the Solicitors' Remuneration General Orders, 1884 to 1960. References in this general order to "the Order of 1884" mean the Solicitors' Remuneration General Order, 1884 as amended by the above-mentioned subsequent general orders, other than this order.

2. In paragraph 2(c) and in paragraph 6 of the Order of 1884 for the words "according to the present system as altered by Schedule II hereto" there shall be substituted the words "in accordance with Schedule II hereto."

3. The following amendments shall be made in the rules applicable to Part I of Schedule I to the Order of 1884:--

(a) In Rule 2 for the words "according to the present system, as altered by Schedule II hereto" there shall be substituted the words "in accordance with Schedule II hereto."

(b) In Rule 5 for the words "under the old system, as altered by Schedule II hereto" there shall be substituted the words "under Schedule II hereto."

(c) In Rule 10 for the words "according to the present system, as altered by Schedule II hereto" there shall be substituted the words "in accordance with Schedule II hereto."

(d) At the end there shall be added the following rule:--

"11. The remuneration according to the preceding scale shall apply to sales and purchases of leasehold property although there may have been no previous assignment or other dealing with the leasehold interest since the grant of the lease."

4. The following amendments shall be made in the rules applicable to Part II of Schedule I to the Order of 1884:--

(a) In Rule I for the words "according to the present system, as altered by Schedule II" there shall be substituted the words "in accordance with Schedule II hereto."

(b) In Rule 4 for the words "under the old system as altered by Schedule II "there shall be substituted the words "under Schedule II hereto."

(c) At the end there shall be added the following rule:--

"7. Except in cases to which Rule 5 applies where the solicitor for the vendor, lessor, purchaser or lessee negotiates the conveyance or lease he shall be entitled to charge for such negotiation in accordance with Schedule II hereto."

5. The following Schedule shall be substituted for Schedule II to the Order of 1884:--

"SCHEDULE II.

1. Instructions: Such fee as may be fair and reasonable having regard to all the circumstances of the case, including:--

(a) the complexity, importance, difficulty, rarity or urgency of the questions raised;

(b) where money or property is involved, its amount or value;

(c) the importance of the matter to the client;

(d) the skill, labour, and responsibility involved therein and any specialised knowledge given or applied on the part of the solicitor;

(e) the number and importance of any documents perused;

(f) the place where and the circumstances in which the business or any part thereof is transacted; and

(g) the time reasonably expended thereon.

(Note: Where a document is given out to be copied by any means (including printing) there may be charged in lieu of the foregoing charges for engrossing and copying, the actual cost of copying. The charge for a fair copy for the copier may, where necessary, be allowed).

Note to items 14 to 16 inclusive:--

(a) Time occupied in travelling (except, outside Ireland between midnight and 8 a.m.) to be reckoned as if employed on business;

(b) in addition to the charges prescribed the reasonable personal and travelling expenses are to be allowed.

Notes:--

(1.) A folio contains 72 words in accordance with the present practice of the Taxing Office.

(2.) If having regard to all the circumstances of the case, including the complexity of the matter, the novelty of the questions raised, the skill, labour and responsibility of the solicitor, the amount involved and the importance of the matter to the client, it is reasonable to do so, the foregoing charges for drawing, perusing, attendances and letters may be increased. The said charges may also be reduced by the Taxing Master for any special reason."

6. The remuneration of a solicitor in respect of all business described in paragraph 2(c) of the Solicitors' Remuneration General Order, 1884 may at the option of a solicitor be by a gross sum in lieu of by detailed charges, provided that within twelve months after delivery of a charge by way of gross sum, or within one month after payment (whichever shall be the earlier date), the client may require particulars of the charges computed in the manner prescribed by the Order of 1884 as amended by this order and the solicitor shall thereupon comply with the requisition and any further bill so delivered shall be subject to taxation as if the provisions of this order with respect to the regulation of remuneration by gross sum has not been made. The Solicitors' Remuneration General Order (No. 2) 1920 is hereby revoked.

7. This order shall come into operation on the first day of December, 1960 and shall apply to all business transacted on or after that date.

Dated this 5th day of August, 1960.

Signed: CONCHUBHAR A. MAGUIDHIR,

Chief Justice.

CAHIR DAVITT,

President of the High Court.

CECIL LAVERY,

Senior Ordinary Judge of the Supreme Court.

JOHN J. NASH,

President of the Incorporated Law Society of Ireland.

EXPLANATORY NOTE.

This order (a) applies to solicitors costs for non-contentious business,

(b) simplifies the system of charging by reducing the number of items,

(c) amends certain existing conditions in the furnishing of gross sum bills,

(d) authorises certain increases in the item charges,

(e) removes a doubt by expressly authorising solicitors to charge the commission scale fee on the occasion of the first assignment of a leasehold interest, and

(f) authorises a solicitor who negotiates a lease or letting to charge for such negotiations under the order.

Except as stated at (e) and (f) above, the order does not affect the present commission scale fee on sales, purchases or leases.