Solicitors Act , 1954

PART I. Preliminary and General.

1 Short title.

1.—This Act may be cited as the Solicitors Act, 1954.

2 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.

3 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.

4 Performance of functions of Society.

4.—The functions vested in the Society by or under this Act shall be performed by the Council.

5 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.

6 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.

7 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 list under this Act.

(3) Nothing in this Act shall affect the general application of the Interpretation Act, 1937 (No. 38 of 1937), with regard to the effect of repeals.

PART II. The Registrar of Solicitors and the Roll of Solicitors.

8 Registrar of solicitors.

8.—(1) There shall be a registrar of solicitors (in this Act referred to as the registrar).

(2) The Society shall appoint their secretary or some other suitable person to be the registrar.

(3) The registrar shall be appointed on such terms and conditions, and with such emoluments (if any) payable out of the funds of the Society, as the Society determines.

(4) The Society may remove the registrar from office.

(5) The Society may appoint a deputy to act as the registrar for a period and the functions of the registrar shall be performed by the deputy during that period.

9 Roll of solicitors.

9.—(1) The registrar shall maintain an alphabetical list of solicitors (in this Act referred to as the roll).

(2) The registrar shall keep the roll available for public inspection during office hours without payment.

10 Admission and enrolment.

10.—(1) A person who has fulfilled such of the requirements of Part IV of this Act as apply in relation to him may apply to the Chief Justice to be admitted as a solicitor.

(2) On receiving an application in accordance with subsection (1) of this section, the Chief Justice, unless cause to the contrary is shown to his satisfaction, shall, by instrument in writing, admit the applicant as a solicitor.

(3) A person admitted as a solicitor may apply to the registrar to have his name entered on the roll and the registrar, on production of the instrument by which he was admitted, shall enter the name of such person on the roll.

11 Limitation of time for certain applications to strike off roll.

11.—(1) A solicitor shall not be liable to have his name struck off the roll on account of a defect in his indentures of apprenticeship, or in the registration thereof or his service thereunder, or in his admission and enrolment, unless the application to strike his name off the roll is made within twelve months after the date of his enrolment.

(2) Subsection (1) of this section shall not apply where fraud is proved to have been committed in connection with the indentures, registration, service, admission or enrolment.

12 Notification of death.

12.—A registrar of deaths shall, where an entry is made in the register of deaths concerning a person whose name is on the roll, forthwith send by post to the registrar a certified copy of the entry, and may charge the cost of the certificate and of the sending thereof to the registrar as an expense of his office of registrar of deaths.

PART III. The Disciplinary Committee.

13 Disciplinary Committee.

13.—(1) The Society shall appoint annually, from among members of the Council and such former members of the Council as are practising as solicitors, a disciplinary committee (in this Act referred to as the Disciplinary Committee) consisting of not less than seven and not more than ten persons.

(2) The Society may remove a member of the Disciplinary Committee, may fill a vacancy therein and, subject to the limits stated in subsection (1) of this section, may increase or reduce the number of persons thereon.

(3) The members of the Disciplinary Committee shall go out of office on their successors being appointed under subsection (1) of this section, but any such member shall be eligible for reappointment.

(4) The Disciplinary Committee may act notwithstanding one or more than one vacancy in their membership.

(5) The quorum of the Disciplinary Committee shall be five.

(6) An appointment or removal under subsection (1) or (2) of this section shall not be made save with the approval of the Chief Justice.

14 Applications to Disciplinary Committee.

14.—(1) The following applications shall be made to the Disciplinary Committee:

(a) an application by a solicitor to procure the removal of his name from the roll,

(b) an application by another person or the Society to strike the name of a solicitor off the roll on any of the following grounds:

(i) that the solicitor has been guilty of misconduct, including conduct tending to bring the solicitors' profession into disrepute,

(ii) that the solicitor has contravened a provision of this Act or of an order or regulation made under this Act,

(iii) that the solicitor has been convicted of treason or of a felony or misdemeanour or has been convicted outside the State of a crime or offence which would be a felony or misdemeanour if committed in the State,

(c) an application to require a solicitor to answer allegations contained in an affidavit,

(d) an application for replacement on the roll of a name which has been removed from or struck off the roll.

(2) An application under this section shall be in writing, shall be signed by the applicant and shall be sent to the Disciplinary Committee together with—

(a) an affidavit by the applicant setting forth the matters relied on in support of the application, and

(b) the documents relied on in support of the application or copies of those documents.

(3) The Chief Justice or any judge of the High Court may, notwithstanding anything contained in this Act, exercise any jurisdiction over solicitors which he might have exercised if this Act had not been passed.

15 Procedure where solicitor applies for removal of his name from roll.

15.—Where an application under paragraph (a) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and—

(a) if they decide that the applicant is entitled to have his name removed from the roll without further inquiry, they shall order accordingly,

(b) if they decide that there is cause for inquiry, they shall hold an inquiry.

16 Procedure where charge is made against solicitor.

16.—(1) Where an application under paragraph (b) or (c) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and—

(a) if they decide that a prima facie case has not been shown, they shall so notify the applicant and the solicitor and shall take no further action,

(b) if they decide that a prima facie case has been shown, they shall serve on the solicitor—

(i) a copy of the application,

(ii) a copy of the affidavit,

(iii) copies of the documents or, at the discretion of the registrar, a list of the documents, and

(iv) a notice requiring the solicitor to send to the Disciplinary Committee, within a specified period, an affidavit by him in answer to the application, together with any documents, or copies thereof, which he relies on in support of his answer.

(2) Where a notice under subsection (1) of this section is served, either party may inspect the documents furnished by the other.

(3) After the expiration of the period specified in a notice under subsection (1) of this section, the Disciplinary Committee shall consider the application and the supporting affidavit and documents and such (if any) affidavit and documents as have been furnished by the solicitor and—

(a) if they decide that there is no cause for further inquiry, they shall so notify the applicant and the solicitor and shall take no further action,

(b) if they decide that there is cause for inquiry, they shall hold an inquiry.

(4) Where an applicant has been notified under paragraph (a) of subsection (1) or paragraph (a) of subsection (3) of this section, the Disciplinary Committee shall, if so required by the applicant, make a formal order embodying their decision.

17 Procedure where application is made for replacement on roll.

17.—Where an application under paragraph (d) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and shall by order either refuse the application or direct that the name in question be replaced on the roll.

18 Orders by Disciplinary Committee on inquiry.

18.—(1) Where the Disciplinary Committee hold an inquiry, they may make an order providing for one or more of the following:

(a) the dismissal of the application,

(b) the admonishment of the solicitor,

(c) the suspension of the solicitor from practice,

(d) the removal from or striking off the roll of the name of the solicitor,

(e) the payment by any party to the inquiry of costs, or of a stated sum as a contribution towards costs,

(f) the making by the solicitor of such restitution or satisfaction to any aggrieved party as the Disciplinary Committee think fit.

(2) The Disciplinary Committee may postpone the making of an order under this section.

(3) Where the making of an order under this section is postponed, the Disciplinary Committee may, on request made to them in that behalf when the matter is considered after the postponement, allow the application to be withdrawn without any order being made under this section.

(4) The Disciplinary Committee may, on the application of the solicitor to whom an order under this section relates, suspend the operation of the order pending an appeal under subsection (1) of section 23 of this Act.

(5) An order under this section shall not, while suspended, be filed or enforceable under subsection (1) of section 21 of this Act.

19 Powers of Disciplinary Committee as to taking evidence etc.

19.—(1) The Disciplinary Committee shall, on an inquiry held by them, have the powers, rights and privileges, vested in the High Court or a judge thereof on the occasion of an action, in respect of—

(a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and

(b) the compelling of the production of documents,

and a summons signed by a member of the Disciplinary Committee may be substituted for and shall be equivalent to any formal process capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.

(2) Where the Disciplinary Committee hold an inquiry and a person—

(a) on being duly summoned as a witness at the inquiry makes default in attending,

(b) being in attendance as a witness at the inquiry refuses to take an oath legally required by the Disciplinary Committee to be taken, or to produce any document in his power or control legally required by the Disciplinary Committee to be produced by him or to answer any question to which the Disciplinary Committee may legally require an answer, or

(c) does any other thing which, if the Disciplinary Committee were a court of law having power to commit for contempt, would be contempt of the court,

the offence of that person may, by certificate signed by two members of the Disciplinary Committee, be certified to the High Court and the High Court may thereupon inquire into the alleged offence and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence and any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court.

(3) A witness at an inquiry held by the Disciplinary Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court.

20 Rules regulating applications to Disciplinary Committee and inquiries.

20.—(1) The Disciplinary Committee, with the concurrence of the Chief Justice, may make rules regulating applications to the Disciplinary Committee and the hearing, conduct and determination of such applications and of inquiries held by the Disciplinary Committee.

(2) Rules under this section may provide, in particular, for extending the period for the furnishing of any affidavit or document, or for receiving an application or affidavit notwithstanding any irregularity in its form, where it appears to the Disciplinary Committee to be just to do so.

(3) Rules under this section may provide for award of costs and for taxation thereof by a Taxing Master of the High Court (subject to appeal to the High Court) under the scale of costs applicable to High Court proceedings, and any costs so taxed shall be recoverable as if they had been taxed under an order of the High Court.

21 Filing, effect and notice of order made by Disciplinary Committee.

21.—(1) An order made by the Disciplinary Committee shall contain a statement of their findings and shall be signed by two of their members and filed with the registrar, and as soon as it has been so filed shall be acted upon by the registrar and be enforceable as if it were a judgement or order of the High Court.

(2) Where, by an order made by the Disciplinary Committee, the name of a solicitor is ordered to be removed from or struck off the roll or a solicitor is suspended from practice, the registrar shall, unless the Disciplinary Committee otherwise direct, forthwith cause a notice stating the effect of the operative part of the order to be published in Iris Oifigiúil and shall also cause the notice to be published in such other manner as the Disciplinary Committee may direct.

(3) The registrar shall maintain separate files on which all orders made by the Disciplinary Committee shall be entered in the following manner:

(a) on a file to be termed File A, there shall be entered, in alphabetical order of the names of the solicitors concerned, each order directing that the name of a solicitor is to be removed from or struck off the roll or that a solicitor be suspended from practice,

(b) on a file to be termed File B, there shall be entered, in order of date, all other orders.

(4) On receipt of a copy of an order made on an appeal under section 23 of this Act, the registrar shall enter the order on File A or File B (as may be appropriate).

(5) The registrar shall furnish a copy of an entry on File A or File B to a person who applies in writing for such copy.

(6) Notwithstanding subsection (5) of this section, where—

(a) application is made for a copy of an entry on File B, being an entry under a date which is earlier than two years before the date of the application, or

(b) application is made for a copy of an entry on File A or File B, being an entry as respects which the Disciplinary Committee have directed the insertion of a note that the furnishing of a copy thereof might cause injustice,

a copy of the entry shall (save where the copy is furnished under an order of a court) be furnished only by permission in writing of the Society.

22 Application of Bankers' Books Evidence Act, 1879.