Solicitors Act, 1954

• Jurisdiction: Ireland
• Citation: IR No. 36/1954
• Year: 1954

Number 36 of 1954.
SOLICITORS ACT, 1954.
ARRANGEMENT OF SECTIONS
PART I.
Preliminary and General.
Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Performance of functions of Society. 5. Regulations generally. 6. Delegation by Chief Justice. 7. Repeals.
PART II.
The Registrar of Solicitors and the Roll of Solicitors.
8. Registrar of solicitors. 9. Roll of solicitors. 10. Admission and enrolment. 11. Limitation of time for certain applications to strike off roll. 12. Notification of death.
PART III.
The Disciplinary Committee.
13. Disciplinary Committee. 14. Applications to Disciplinary Committee. 15. Procedure where solicitor applies for removal of his name from roll. 16. Procedure where charge is made against solicitor. 17. Procedure where application is made for replacement on roll. 18. Orders by Disciplinary Committee on inquiry. 19. Powers of Disciplinary Committee as to taking evidence etc. 20. Rules regulating applications to Disciplinary Committee and inquiries. 21. Filling effect, and notice of order made by Disciplinary Committee. 22. Application of Bankers' Books Evidence Act, 1879. 23. Appeal against order of Disciplinary Committee.
PART IV.
Qualifying for Admission as Solicitor.
24. Requirements for admission as solicitor. 25. Requirements for admission to apprenticeship. 26. Term of indentures. 27. Evidence of good character. 28. Registration of indentures. 29. Restriction on solicitor taking or retaining apprentice. 30. Saver for service of apprentice where solicitor disqualified. 31. Prohibition on taking of apprentice. 32. Assignment of indentures or fresh indentures on death of solicitor, etc. 33. General power to discharge indentures. 34. Discharge or assignment of indentures on removal from roll, etc. 35. Order transferring indentures. 36. Number of apprentices. 37. Obligation to serve bona fide apprenticeship. 38. Holding of office or engaging in employment during apprenticeship. 39. Relief against irregularity with respect to service of apprentice. 40. Education and examinations. 41. General exemption from preliminary examination. 42. Special exemption from preliminary examination. 43. Exemptions for practising barrister of five years' standing. 44. Exemptions (reciprocal provisions.). 45. Appeals under Part IV.
PART V.
Practising Certificates.
46. Issue of practising certificates. 47. Application for practising certificate. 48. Date and period of validity of practising certificate. 49. Direction to refuse practising certificate. 50. Suspension of practising certificate on adjudication in bankruptcy. 51. Termination of suspension of practising certificate. 52. Effect of suspension or practising certificate. 53. Evidence of holding or not holding practising certificate.
PART VI.
Practice.
54. Qualifications for acting as solicitor. 55. Prohibition on unqualified person acting as solicitor. 56. Prohibition on pretending to be solicitor. 57. Costs not recoverable where solicitor acts while not qualified to practise. 58. Restriction on drawing documents, etc. 59. Prohibition on solicitor acting as agent for unqualified person. 60. Restriction on employment of person struck off roll or suspended. 61. Carrying on of practice in case of death or disability. 62. Prohibition with respect to introduction of business. 63. Disclosure of having been struck off roll, etc. 64. Bodies corporate. 65. Right of audience in certain cases.
PART VII.
Accounts for Solicitors.
66. Regulations for accounts. 67. Provisions with respect to banking companies. 68. Priority of claims to clients' moneys.
PART VIII.
The Compensation Fund.
69. Compensation Fund. 70. Contributions to Compensation Fund.
PART IX.
Professional Practice, Conduct and Discipline.
71. Regulations for professional practice, conduct and discipline.
PART X.
Miscellaneous.
72. Stamp duties. 73. Committees of the Council. 74. Inspection of file of proceedings in bankruptcy of solicitor. 75. Qualification for holding office of former barrister. 76. Cesser of limitation on value of land. 77. Prosecution of offences. 78. Amendment of bye-laws so as to conform with this Act and regulations thereunder. 79. Authentication and evidence of regulations and other documents. 80. Service of documents. 81. Notification by practising solicitor of change in place of business. 82. Fees payable to the Society. 83. Rules of Court and costs. 84. Construction of certain references. 85. Application of Attorneys' and Solicitors' Act, 1870. 86. Saver for solicitors to the Revenue Commissioners and other persons. 87. Saver for authorisation to conduct action, etc. 88. Transitional provisions.
FIRST SCHEDULE.
SECOND SCHEDULE.
THIRD SCHEDULE.
FOURTH SCHEDULE.
FIFTH SCHEDULE.
SIXTH SCHEDULE.
Acts Referred to Interpretation Act, 1937 No. 38 of 1937 Legal Practitioners (Qualification) Act, 1929 No. 16 of 1929
Number 36 of 1954.
SOLICITORS ACT, 1954.
AN ACT TO PROVIDE FOR THE ADMISSION, ENROLMENT AND CONTROL OF SOLICITORS OF THE COURTS OF JUSTICE AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd December, 1954.]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—
PART I. Preliminary and General.
	Short title.	1.—This Act may be cited as the Solicitors Act, 1954.
	Commencement.	2.—This Act shall come into operation as follows:
	(a) the portions of the Act relating to the making of regulations and rules and to the issue of notices and other proceedings preliminary to holding examinations shall come into operation on the passing of the Act,
	(b) section 44 of this Act shall come into operation as provided for in that section,
	(c) the remainder of the Act shall come into operation on the 6th day of January, 1955.
	Interpretation.	3.—(1) In this Act—
	“the Council” means the Council of the Society;
	“the Disciplinary Committee” has the meaning assigned to it in section 13;
	“functions” includes powers and duties;
	“practice year” means any year ending on the 5th day of January;
	“practising certificate” has the meaning assigned to it in section 46;
	“prescribed” means prescribed by regulations made by the Society;
	“the register of practising solicitors” has the meaning assigned to it in section 47;
	“registrar” has the meaning assigned to it in section 8;
	“the roll” has the meaning assigned to it in section 9;
	“the Society” means the Incorporated Law Society of Ireland;
	“solicitor” means a solicitor of the Courts of Justice;
	“solicitor in the full-time service of the State” has the meaning assigned to it in subsection (3) of section 54;
	“solicitor qualified to practise” has the meaning assigned to it in subsection (1) of section 54;
	“trust” and “trustee” extend to implied or constructive trusts and to cases where the trustee has a beneficial interest in the trust property, and to the duties incident to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative;
	“unqualified person” means—
	(a) a solicitor who is not a solicitor qualified to practise, or
	(b) a person who is not a solicitor.
	(2) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of those powers.
	(3) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision.
	(4) A reference in this Act to the Chief Justice shall, where the function in question stands delegated under section 6 of this Act to a judge of the Supreme Court or High Court, be construed as a reference to that judge.
	Performance of functions of Society.	4.—The functions vested in the Society by or under this Act shall be performed by the Council.
	Regulations generally.	5.—(1) The Society may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed or as being the subject of regulations.
	(2) The Society may make regulations for the purpose of the execution of the provisions of this Act.
	(3) Every regulation made under this Act shall be laid by the Society before each House of the Oireachtas as soon as may be after it is made.
	Delegation by Chief Justice.	6.—(1) The Chief Justice may delegate any of his functions under this Act to any judge of the Supreme Court or High Court.
	(2) The Chief Justice may revoke any delegation which he has made under subsection (1) of this section.
	Repeals.	7.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
	(2) A reference in a document to an Act or portion of an Act repealed by this Act shall be construed as a reference to this Act or the corresponding portion of this Act and a register, roll or list under an Act repealed by this Act shall be deemed part of the corresponding register, roll or...