A RETIRED solicitor, now working as a property consultant, was prevented by law from recovering fees for work done because his services consisted principally of legal advice, a judge has held.
Judge James Carroll in the Circuit Civil Court told Mr Gordon Green, of Orwell Road, Rathgar, Dublin, he fell into the category of a solicitor not qualified to practise in that he did not hold a practising certificate.
Ms Maora King, counsel for Ms Sarah Webb, Coulson Avenue, Rathgar, told the court her client's case was that Mr Green had held himself out to be a solicitor. Section 57 of the 1954 Solicitors Act prevented a solicitor from recovering costs where he acted while not qualified to practise.
Ms King said Section 58 of the Act restricted non practising solicitors from preparing a document relating to real or personal estate. She said Mr Green had made amendments to a property lease on Ms Webb's behalf.
Judge Carroll said that while Mr Green's work definition of "consultant" was a vague term which could cover a multitude of areas within the property industry, he was satisfied his services to Ms Webb principally lay in the giving of legal advice and generally rendering services which were commonly given and rendered only by a solicitor.
He said the work done involved discussions on her position at law, carrying on a correspondence with her landlord's solicitors about a commercial lease and perusing and amending that lease.
Judge Carroll said Mr Green had retired as a solicitor many years ago and much of his work for Ms Webb could be legally done by a person who was not a solicitor.
He said Mr Green had made no attempt to evade giving evidence of his perusal of the draft lease and that he had made amendments to it. Most of his work had to be regarded as preparing a document as outlined in the Act. Negotiations regarding what the document would contain and, particularly, amendments to it constituted preparation.
Judge Carroll said he was satisfied the work was covered by statute and reversed a decision of the District Court which had awarded Mr Green his fees and costs.