Solicitors (Amendment) Act, 1994

JurisdictionIreland
CitationIR No. 27/1994
Year1994

Number 27 of 1994


SOLICITORS (AMENDMENT) ACT, 1994


ARRANGEMENT OF SECTIONS

PART I

Preliminary and General

Section

1.

Short title, collective citation, construction and commencement.

2.

Interpretation.

3.

Amendment of section 3 of Principal Act and amendment of sections 3 and 4 of Act of 1960.

PART II

Name and Membership of Law Society of Ireland

4.

Change of name of Society.

5.

Amendment of bye-laws so as to conform with the Solicitors Acts, 1954 to 1994, and regulations thereunder (section 78 of Principal Act).

6.

Honorary and associate membership of Society.

7.

Amendment of section 73 of Principal Act.

PART III

Investigation of Complaints

8.

Power of Society to impose sanctions for inadequate services.

9.

Power of Society to impose sanctions for charging excessive fees.

10.

Production of documents.

11.

Appeals to the High Court against determinations, directions or requirements of the Society.

12.

Contribution by solicitor.

13.

Adjournment of investigations under sections 8 and 9 of this Act.

14.

Power to inspect documents.

15.

Investigation of complaints.

16.

Disciplinary Tribunal (section 6 of Act of 1960).

17.

Inquiry by the Disciplinary Tribunal into the conduct of a solicitor on the ground of alleged misconduct (section 7 of Act of 1960).

18.

Proceedings before High Court (section 8 of Act of 1960).

19.

Amendment of section 10 of Act of 1960.

20.

Restriction on employment of person struck off roll or suspended (section 60 of Principal Act).

21.

Disclosure of having been struck off roll, etc. (section 63 of Principal Act).

22.

Publication of information on complaints.

23.

Publication of orders.

24.

Amendment of section 3 of Act of 1960.

25.

Powers of Disciplinary Tribunal as to taking evidence, etc. (section 15 of Act of 1960).

PART IV

Protection of Clients

26.

Provision of professional indemnity cover.

27.

Power of Society to deal with documents of certain solicitors (section 19 of Act of 1960).

28.

Control of banking accounts or assets of solicitors (section 20 of Act of 1960).

29.

Compensation for loss due to dishonesty of solicitor or clerk or servant of solicitor (section 21 of Act of 1960).

30.

Contributions to the Compensation Fund by solicitors (section 22 of Act of 1960).

31.

Intervention in practice of sole practitioner in cases of death, incapacity, bankruptcy, or abandonment (section 61 of Principal Act).

32.

Intervention in practice of solicitor who has died.

33.

Sale of solicitor's practice in certain circumstances.

34.

Ancillary provisions in relation to certain applications or orders (Second Schedule to the Act of 1960).

35.

Notice of court applications to be given to Society.

36.

Defences in actions against Society.

37.

Restriction following admission as solicitor on practising as a sole practitioner.

38.

General powers of the High Court.

39.

Finality of orders of the High Court (section 12 of Act of 1960).

PART V

Qualifying for Admission as a Solicitor

40.

Requirements for admission as solicitor (section 24 of Principal Act).

41.

Requirements for admission to apprenticeship (section 25 of Principal Act).

42.

Term of indentures (section 26 of Principal Act).

43.

Evidence of education, employment and character (section 27 of Principal Act).

44.

Restriction on solicitor taking or retaining apprentice (section 29 of Principal Act).

45.

Assignment of indentures on death of solicitor, etc. (section 32 of Principal Act).

46.

General power to discharge indentures (section 33 of Principal Act).

47.

Number of apprentices (section 36 of Principal Act).

48.

Obligation to serve bona fide apprenticeship (section 37 of Principal Act).

49.

Amendment of section 40 of Principal Act.

50.

General exemption from preliminary examination (section 41 of Principal Act).

51.

Exemptions for practising barristers (section 43 of Principal Act).

52.

Exemptions (reciprocal provisions) (section 44 of Principal Act).

53.

Exemption for certain apprentices.

PART VI

Practising Certificates and Practice

54.

Application for practising certificate (section 47 of Principal Act).

55.

Saving for regulations made under section 47 of Principal Act and amendment of section 48 of Principal Act.

56.

Prohibition on practising as solicitor without practising certificate.

57.

Acting as a solicitor without a practising certificate.

58.

Suspension of practising certificates.

59.

Imposition of conditions while practising certificates are in force.

60.

Proof of practice by an unqualified person.

61.

Direction to grant or refuse practising certificate (section 49 of Principal Act).

62.

Qualifications for acting as solicitor (section 54 of Principal Act).

63.

Amendment of section 55 of Principal Act.

64.

Amendment of section 56 of Principal Act.

PART VII

Miscellaneous Provisions

65.

Roll of solicitors (section 9 of Principal Act).

66.

Fees for applications to Society.

67.

Register of solicitors prepared to act in certain cases.

68.

Charges to clients.

69.

Amendment of section 71 of Principal Act.

70.

Incorporated practices.

71.

Fee-sharing by solicitors.

72.

Administration of oaths and taking of affidavits.

73.

Interest on clients’ moneys.

74.

Restriction on the withdrawal of a solicitor from a case.

75.

Extension of list of approved institutions.

76.

Regulations for accounts (section 66 of Principal Act).

77.

Amendment of section 58 of Principal Act.

78.

Will making and probate services provided by credit unions.

79.

Investigation of complaints about credit unions.

80.

Non-application to applicants under European Communities regulations.

81.

Amendment of section 53 of Principal Act.

82.

Laying of regulations.


Number 27 of 1994


SOLICITORS (AMENDMENT) ACT, 1994


AN ACT TO AMEND AND EXTEND THE SOLICITORS ACTS, 1954 AND 1960 , AND TO PROVIDE FOR RELATED MATTERS. [4th November, 1994]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

PART I

Preliminary and General

Short title, collective citation, construction and commencement.

1.—(1) This Act may be cited as the Solicitors (Amendment) Act, 1994.

(2) The Solicitors Acts, 1954 and 1960 , and this Act may be cited together as the Solicitors Acts, 1954 to 1994, and shall be construed together as one Act.

(3) Section 68 of this Act shall come into operation 3 months after the date of its passing.

(4) Sections 16 , 17 , 18 , 22 , 23 , 25 and 58 (3) of this Act shall come into operation on such day as may be fixed by order of the Minister.

Interpretation.

2.—In this Act, unless the context otherwise requires—

“the Principal Act” means the Solicitors Act, 1954 ;

“the Act of 1960” means the Solicitors (Amendment) Act, 1960 ;

“apprentice” includes a person who has completed the term of his indentures of apprenticeship but who has not yet been admitted as a solicitor;

“authorised person” means a person authorised in writing by the Society for the purpose of exercising any of the Society's functions pursuant to section 14 of this Act or pursuant to or as prescribed pursuant to section 66 (as substituted by this Act) of the Principal Act;

“bank” and cognate words shall be construed in accordance with section 75 of this Act;

“bill of costs” includes any statement of account sent, or demand made, by a solicitor to a client for fees, charges, outlays, disbursements or expenses;

“clerk or servant” includes an apprentice and a person employed whole-time or part-time by a solicitor and a person providing services under a contract for services;

“client” includes the personal representative of a client and any person on whose behalf the person who gave instructions was acting in relation to any matter in which a solicitor or his firm had been instructed; and includes a beneficiary to an estate under a will, intestacy or trust;

“client account” means an account opened and kept by a solicitor arising from his practice as a solicitor at a bank for clients' moneys, in accordance with regulations made pursuant to subsection (1) of section 66 (as substituted by this Act) of the Principal Act;

“clients' moneys” means moneys received, held or controlled by a solicitor arising from his practice as a solicitor for or on account of a client or clients, whether the moneys are received, held or controlled by him as agent, bailee, stakeholder, trustee or in any other capacity;

“Compensation Fund” means the fund maintained by the Society pursuant to sections 21 and 22 (as substituted by this Act) of the Act of 1960;

“contentious business” means business done by a solicitor in or for the purposes of or in contemplation of proceedings before a court or tribunal or before an arbitrator appointed under the Arbitration Acts, 1954 and 1980 ;

“Disciplinary Tribunal” means the Disciplinary Tribunal established by section 6 (as substituted by this Act) of the Act of 1960, and, as and from the coming into operation of section 16 of this Act, any reference to the Disciplinary Committee in the Act of 1960 shall, subject to section 16 (2) of this Act, be construed as a reference to the Disciplinary Tribunal;

“indentures” means indentures of apprenticeship;

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