Solicitors Acts 1954 to 2015 (Regulation of Practice Committee) Regulations 2020

• Jurisdiction: Ireland
• Citation: IR SI 239/2020
• Year: 2020

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 7th July, 2020.

THE LAW SOCIETY OF IRELAND, in exercise of the powers conferred on them by Sections 5 and 66 (as substituted by Section 76 of the Solicitors (Amendment) Act 1994 and as amended by Section 182 of the Legal Services Regulation Act 2015 ) of the Solicitors Act 1954 (as amended), HEREBY MAKES the following Regulations regulating procedure in relation to matters coming before the Committee pursuant to the Acts, the Solicitors Accounts Regulations or otherwise.

1. (a) These Regulations may be cited as the Solicitors Acts 1954 to 2015 (Regulation of Practice Committee) Regulations 2020.

(b) These Regulations shall come into operation on the 1st day of September 2020.

2. (a) In these Regulations -

“Act of 1994” means the Solicitors (Amendment) Act 1994 (No. 27 of 1994), as amended from time to time;

“Acts” means the Solicitors Acts 1954 to 2015;

“Council” means the Council of the Society;

“Committee” means the committee of the Council of the Society to which, inter alia, various powers and functions have been delegated by the Council in relation to the Solicitors Accounts Regulations;

“Authorised Person” means a person appointed pursuant to Section 14 of the Act of 1994, as amended by Section 15 of the Solicitors (Amendment) Act 2002 , and Section 197 of the Legal Services Regulation Act 2015 , or an authorised person for the purposes of Section 66(10) of the Solicitors Act 1954 , as substituted by Section 76 of the Act of 1994, and the Solicitors Accounts Regulations, and for the purposes of exercising any of the Society’s functions under Section 63 of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ;

“Society” means the Law Society of Ireland;

“Solicitors Accounts Regulations” has the same meaning as in the Legal Services Regulation Act 2015 .

(b) Other words and phrases in these Regulations shall have the meaning assigned to them in the Acts.

(c) In these Regulations, unless the context otherwise requires, the singular includes the plural.

3. These Regulations shall apply where the Committee is investigating conduct on the part of a solicitor and requires the attendance of the solicitor at a meeting of the Committee.

4. These Regulations shall be applied so as to be in conformity with the Acts and in the event of there being an apparent conflict between these Regulations and any provision or provisions of the Acts these Regulations shall be construed so as to be in conformity with the provision or provisions of the Acts.

5. These Regulations shall be construed so as to be in conformity with any delegation of power as may be made from time to time in accordance with the Acts and any Regulations made thereunder and, in particular, by the Council to the Committee and by the Committee to senior officers of the Society.

6. These Regulations are made without prejudice generally to the provisions of the Acts.

7. The Society has the power to investigate alleged misconduct whether or not the Society receives a complaint in relation to the solicitor.

8. Prior to a meeting of the Committee to which these Regulations apply, the Society shall notify the solicitor of:

(a) the date and time of any meeting of the Committee at which the matter will be considered, the purpose of the meeting, the matters to be considered at the meeting, and the steps which may be taken by the Committee;

(b) the fact that any failure by the solicitor to attend a meeting of the Committee when required to do so, without reasonable cause, may amount to a conduct issue.

9. A solicitor shall provide a written response to any conduct matter for consideration by the Committee, when required to do so, on or before such date in advance of the meeting as may be specified by the Society.

10. Where a solicitor requests an adjournment of the Committee’s...