Re D
Jurisdiction | Ireland |
Court | Supreme Court |
Judgment Date | 01 January 1961 |
Date | 01 January 1961 |
Refusal by Law Society - Whether refusal justified - Solicitors Act, 1954, s. 49.
D. (a Solicitor) was refused a practising certificate by the Incorporated Law Society of Ireland pursuant to s. 49 (1) (g) of the Solicitors' Act, 1954, as a result of complaints made with regard to his conduct by clients. From that refusal he appealed to the Chief Justice under s. 49 (5) of the said Act. Held by the Chief Justice that the Society acted reasonably and was justified in refusing D. a practising certificate. On appeal to the Supreme Court: Held, reversing the Chief Justice: —(1) That when considering whether a certificate should or should not be issued the Society should take into account all the relevant circumstances existing at the time the decision has to be made, having due regard to: (a) The interests of the public; (b) The interests of the profession; (c) The interests of the clients of the Solicitor in question; (d) The interests of the Solicitor himself. (2) Neither the interests of the...
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