Legal Services Regulation Act 2015

• (iii) complaints in respect of barristers who were not members of the Law Library.

• (2) This subsection applies to the amount that is the sum of—

• (a) the amount to which section 95A(8)(b) applies in the levy year, and

• (b) the amount determined by the Minister under section 95A(2) in respect of the financial year.

• (3) The Authority shall, in relation to the amount to which subsection (2) applies, determine the proportion of the amount that—

• (a) bears to the amount the same proportion as the proportion determined under subsection (1)(a)(i) bears to the net expenditure of the Authority referred to in subsection (1), and

• (b) bears to the amount the same proportion as the proportion determined under subsection (1)(a)(ii) bears to the net expenditure of the Authority referred to in subsection (1).

• (4) The Authority, in consultation with the Disciplinary Tribunal, shall, in relation to the net expenditure of the Disciplinary Tribunal, calculated under section 95A(7) in respect of a levy year, determine the proportion of that net expenditure that was incurred by the Disciplinary Tribunal in the consideration of applications brought before it that concerned each of the following:

• (a) complaints in respect of solicitors;

• (b) complaints in respect of barristers who were members of the Law Library;

• (c) complaints in respect of barristers who were not members of the Law Library.

• (5) The Authority shall calculate the following amounts:

• (a) the amount that is the sum of—

• (i) the amount that represents the proportion of the net expenditure of the Authority determined under paragraph (a)(i) of subsection (1), and

• (ii) the amount that represents the proportion of the amount to which subsection (2) applies, determined under paragraph (a) of subsection (3);

• (b) the amount that is the sum of—

• (i) the amount that represents the proportion of the net expenditure of the Authority determined under paragraph (a)(ii) of subsection (1), and

• (ii) the amount that represents the proportion of the amount to which subsection (2) applies, determined under paragraph (b) of subsection (3);

• (c) the amount that is the sum of—

• (i) the net expenditure of the Disciplinary Tribunal in the levy year, and

• (ii) the amount to which section 95A(9)(b) applies in the levy year.

• (6) The liability for payment of the amount of the levy referred to in section 95A(1) shall be apportioned as follows:

• (a) of the amount to which subsection (5)(a) applies—

• (i) 10 per cent of that amount shall be apportioned pro rata between the Bar Council and the barristers who were not members of the Law Library in the levy year, according to the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on that roll as barristers who were not such members, respectively, in the levy year,

• (ii) 10 per cent of that amount shall be apportioned to the Law Society, and

• (iii) the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the proportion, calculated under paragraph (b) of subsection (1), of the net expenditure referred to in that paragraph that was incurred by the Authority in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph;

• (b) the amount referred to in subsection (5)(b) shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the number of practising solicitors, the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year;

• (c) of the amount to which subsection (5)(c) applies—

• (i) 10 per cent of that amount shall be apportioned pro rata between the Bar Council and the barristers who were not members of the Law Library in the levy year, according to the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year,

• (ii) 10 per cent of that amount shall be apportioned to the Law Society,

• (iii) subject to subparagraph (iv), the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the proportion, calculated under subsection (4), of the net expenditure referred to in that subsection that was incurred in the consideration of applications brought before the Disciplinary Tribunal that concerned complaints in respect of each category of legal practitioner referred to in paragraphs (a), (b) and (c) of that subsection,

• (iv) where no applications were brought before the Disciplinary Tribunal in the levy year concerned, the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the barristers who were not members of the Law Library in the levy year, respectively, according to the number of practising solicitors, the number of barristers whose names were on the roll as members of the Law Library and the number of barristers whose names were on the roll as barristers who were not such members, respectively, in the levy year.

• (7) The Authority shall—

• (a) calculate, in accordance with subsection (6), the proportion of the amount of the levy referred to in section 95A(1) that is payable by—

• (i) the Law Society,

• (ii) the Bar Council, and

• (iii) the barristers who were not members of the Law Library in the levy year,

and

• (b) apportion the amount calculated under paragraph (a)(iii) equally among all the barristers who were not members of the Law Library in the levy year.

• (8) A reference in this section to a proportion is a reference to a reasonable and approximate proportion, calculated by the Authority using proxy measures and cost accounting methodologies provided for in regulations under section 98.]

95C. F5[Provisions supplementary to section 95B

95C. (1) For the purposes of this Part, the name of a barrister shall be deemed to have been on the roll in a levy year where the barrister was not a barrister to whom section 97 applies and his or her name was—

• (a) on the roll on the effective date in the levy year, or

• (b) at any time during the levy year prior to the effective date, removed from the roll, other than where such removal was done—

• (i) on the request of the person concerned, where he or she, in the levy year, acquired a solicitor’s practising certificate, or

• (ii) under section 135(1)(d).

• (2) For the purposes of this Part, a person shall be deemed to have been a practising solicitor in a levy year where he or she held a practising certificate during the levy year, other than where, during the levy year:

• (a) his or her name was entered on the roll and was removed from the roll, other than in circumstances referred to in subparagraph (i) or (ii) of subsection (1)(b),

• (b) his or her name was entered on the roll, and was on the roll on the effective date, or

• (c) he or she died.

• (3) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who was a member of the Law Library in a levy year where—

• (a) on the effective date in that year, or

• (b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

his or her name was on the roll and the entry concerned specified that he or she was a member of the Law Library.

• (4) For the purposes of this Part, a person (other than a barrister to whom section 97 applies) shall be deemed to have been a barrister who is not a member of the Law Library in a levy year where—

• (a) on the effective date in that year, or

• (b) in the case of a barrister to whom subsection (1)(b) applies, on the date immediately prior to the removal of his or her name from the roll,

his or her name was on the roll and the entry concerned specified that he or she was not a member of the Law Library.

• (5) A reference in this Part—

• (a) to the number of barristers whose names were on the roll in a levy year shall be construed as a reference to the number of barristers whose names are deemed under subsection (1) to have been on the roll,

• (b) to the number of barristers whose names were on the roll as members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (3) to have been a member of the Law Library in the levy year,

• (c) to the number of barristers whose names were on the roll as barristers who were not members of the Law Library in a levy year shall be construed as a reference to the number of barristers who are deemed under subsection (4) to have been a barrister who was not a member of the Law Library in the levy year, and

• (d) to the number of practising solicitors in a levy year shall be construed as a reference to the number of persons who are deemed under subsection (2) to have been practising solicitors in that levy year.

• (6) For the purposes of this Part—

• (a) a complaint shall be deemed to be a complaint in respect of a barrister who was a member of the Law Library where—

• (i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was a member of the Law Library,

• (ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who was a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

• (iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is a member of the Law Library,

and

• (b) a complaint shall be deemed to be a complaint in respect of a barrister who was not a member of the Law Library where—

• (i) at the time of the act or omission to which the complaint relates, the barrister was a barrister who was not a member of the Law Library,

• (ii) at the time of the act or omission to which the complaint relates, the name of the person who is the subject of the complaint was not on the roll but his or her name was entered on the roll as a barrister who is not a member of the Law Library on or before the date that is 14 days after the date of receipt by the Authority of the complaint, or

• (iii) the Authority decides, under subsection (7), that the complaint should be treated as a complaint in respect of a barrister who is not a member of the Law Library.

• (7) Where—

• (a) a complaint in respect of a barrister relates to more than one act or omission,

• (b) at the time of the acts or omissions to which the complaint relates, the name of the barrister was on the roll, and

• (c) during the period between the date of the earliest act or omission to which the complaint relates and the date of the latest such act or omission, the barrister—

• (i) having been a barrister who was a member of the Law Library, became a barrister who is not a member of the Law Library, or

• (ii) having been a barrister who was not a member of the Law Library, became a barrister who was a member of the Law Library,

the Authority shall, as it considers appropriate in the circumstances, decide whether the complaint is to be treated, for the purposes of this Part, as a complaint in respect of a barrister who is a member of the Law Library or a complaint in respect of a barrister who is not a member of the Law Library.

• (8) For the purposes of the determination, apportionment and collection of the levy payable in the financial year in which section 60 of the Courts and Civil Law (Miscellaneous Provisions) Act 2023 comes into operation, a requirement under this Part on a person to do a thing as soon as practicable in a financial year shall be construed as a requirement on the person to do the thing as soon as practicable after the date on which that section comes into operation.

• (9) In this Part—

“effective date” means, in relation to a levy year, 31 December in that year;

“roll” means the roll of practising barristers.]

95D. F6[Levy Assessment Notice

95D. (1) As soon as practicable after the beginning of each financial year, following compliance with section 95A and 95B the Authority shall provide a notice (in this Act referred to as a “levy assessment notice”) to each of the bodies or persons referred to in paragraphs (a), (b) and (c) of section 95(1).

• (2) A levy assessment notice shall specify—

• (a) the net expenditure of the Authority, determined in accordance with section 95A(7), in respect of the levy year,

• (b) the proportions of the net expenditure of the Authority determined under section 95B(1)(a),

• (c) the proportion, determined under paragraph (b) of section 95B(1), of the net expenditure of the Authority to which section 95B(1)(a)(i) applies that was incurred in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph,

• (d) the amount to which section 95B(2) applies in respect of the levy year,

• (e) the proportions of the amount referred to in paragraph (d), determined under section 95B(3),

• (f) the net expenditure of the Disciplinary Tribunal, determined in accordance with section 95A(7), in respect of the levy year,

• (g) the proportion, determined under subsection (4) of section 95B, of the net expenditure of the Disciplinary Tribunal referred to in paragraph (f) that was incurred in the consideration of applications brought before it concerning complaints in respect of each category of legal practitioner referred to in paragraph (a), (b) and (c) of that subsection,

• (h) the amount to which section 95A(9)(b) applies in the levy year,

• (i) the amounts calculated under section 95B(5),

• (j) the apportionment, in accordance with section 95B(6), of liability for the payment of the amount of the levy referred to in section 95A(1),

• (k) the amount payable by the professional body or person concerned, calculated in accordance with section 95B(7),

• (l) the date by which the amount specified under paragraph (k) becomes payable,

• (m) the rate of interest payable if all or part of the amount specified under paragraph (k) is not paid by the date referred to in paragraph (k), and

• (n) such additional information as the Authority considers appropriate.]

96. Failure to pay amount specified in levy assessment notice

96. (1) If all or part of the amount specified in a levy assessment notice is not paid on or before the date specified in the notice, interest, at a rate calculated in accordance with regulations under section 98, on the unpaid amount accrues from that date to the date of payment.

• (2) Where a barrister who is not a member of the Law Library has not, within one month of the date on which the amount becomes payable, paid all of the amount specified in a levy assessment notice as payable by him or her in respect of the levy imposed by this Part, the Authority shall provide that barrister with a further notice, which shall—

• (a) be accompanied by a copy of the levy assessment notice concerned,

• (b) specify the rate of interest payable on the unpaid amount, and

• (c) contain a statement of the effect of F7[subsections (3), (6) and (7)].

• (3) Where, after the expiry of 3 months from the date on which the amount, specified in a levy assessment notice as payable by him or her in respect of the levy imposed under this Part, becomes payable, a barrister who is not a member of the Law Library has not paid all of that amount together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount, the Authority shall remove the name of the barrister from the roll of F8[…].

• (4) Subject to subsection (5), the Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the professional body or person concerned, any amount payable by that body or person in respect of the levy imposed by this Part and any interest that has accrued, in accordance with subsection (1), on that amount.

• (5) For the purposes of subsection (4), where the professional body concerned is the Bar Council, proceedings may be brought against the Chairman of the Bar Council, in a representative capacity, on behalf of the Bar Council and, if in those proceedings the Authority obtains a judgment, order or decree for any amount payable by the Bar Council, any assets held by or on behalf of or for the benefit of the Bar Council may be used or otherwise applied towards satisfying all or any of the claims under the judgment, order or decree, as the case may be.

• F9[(6) Where—

• (a) the Authority removes the name of a barrister who is not a member of the Law Library from the roll in accordance with subsection (3), and

• (b) the person referred to in paragraph (a) subsequently makes an application to the Authority under section 134(1),

the Authority shall not comply with section 134(1) in respect of the application until such time as any amount payable by that person in respect of the levy imposed by this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount, is paid in full.

• (7) Where—

• (a) the Authority has provided a levy assessment notice to a barrister who is not a member of the Law Library,

• (b) the barrister concerned makes an application to the Authority under section 135(3), and

• (c) as of the date of the making of the application referred to in paragraph (b), the barrister concerned has not paid the amount specified in the levy assessment notice referred to in paragraph (a) as payable by him or her in respect of the levy imposed under this Part, together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount,

the Authority shall remove the name of the barrister from the roll and such removal shall be deemed to have been done under subsection (3) and subsection (6) shall apply accordingly.]

97. Exemption for legal practitioner in full time service of the State

97. (1) Section 95(1) shall not apply in respect of a legal practitioner who is in the full time service of the State.

• (2) No fee shall be payable by a legal practitioner to whom subsection (1) applies to the Law Society or Bar Council in respect of an amount of levy payable by that professional body under this Part.

• F10[(3) For the purposes of this Act, a legal practitioner shall be regarded as being in the full-time service of the State if and while he or she is required to devote the whole of his or her time to the service of the State as a legal practitioner and is remunerated in respect of such service wholly out of moneys provided by the Oireachtas.]

98. Regulations relating to levy

98. (1) The Authority may by regulations provide for all or any of the following matters relating to the levy under section 95:

• (a) the date on which payment of the levy becomes payable;

• (b) the keeping by the Authority and the Disciplinary Tribunal of specified records in respect of matters connected with the liability to pay the levy;

• (c) the collection and recovery of the levy;

• (d) subject to subsection (2), the rate of interest on amounts not paid when due;

• F11[(de) the proxy measures and cost accounting methodologies to be used in respect of a proportion referred to in section 95B;]

• (e) such other matters as are necessary for, or incidental to, the imposition, payment and collection of the levy.

• F11[(1A) Before making regulations under subsection (1)(de), the Authority shall consult with—

• (a) each professional body, and

• (b) such other interested parties, including barristers who are not members of the Law Library, as the Authority considers appropriate.

• (1B) The Authority shall, on a date that is not later than 24 months after the coming into operation of the regulations first made under subsection (1)(de), commence a review of the operation of the regulations, which review shall be concluded within 12 months of that date.

• (1C) In carrying out the review referred to in subsection (1B), the Authority shall consider representations (if any) made, during such consultation, by or on behalf of any person or body with whom or with which it consulted under subsection (1A).]

• (2) Regulations under subsection (1) may prescribe a formula for determining the interest rate referred to in subsection (1)(d) by reference to—

• (a) the prevailing Euro Interbank Offered Rate,

• (b) an additional rate certified by the Central Bank of Ireland, and

• (c) such other additional rate as the Minister considers appropriate, taking into account the cost of recovering unpaid levy, including any bank charges the Authority may incur in maintaining a bank overdraft to cover a shortfall in funds arising out of unpaid levy.

PART 8 Legal Partnerships, Direct Professional Access, Multi-disciplinary Practices and Limited Liability Partnerships

Chapter 1 Interpretation

99. Interpretation (Part 8)

99. In this Part—

“contentious matter” means a matter that arises in, and that relates to the subject matter of, proceedings before any court, tribunal or other body or person before which the respective legal rights and obligations of two or more parties are determined, to which the person instructing the practising barrister concerned is a party;

“limited liability partnership” means a relevant business in respect of which an authorisation, granted under section 125, is for the time being in force;

“relevant business” means—

• (a) a partnership of solicitors, or

• (b) a legal partnership.

Chapter 2 Legal Partnerships, Direct Professional Access and Multi-Disciplinary Practices

100. Legal partnerships and professional codes

100. (1) Subject to this Part, a legal practitioner may provide legal services as a partner in, or an employee of, a legal partnership.

• (2) A professional body shall not, through its professional codes or otherwise, prevent or restrict a legal practitioner who is a member of that body from working with, or otherwise doing business with, a legal practitioner providing legal services in a legal partnership in accordance with subsection (1).

101. Professional code not to prevent direct professional access to barrister

101. No professional code shall operate to prevent a barrister from providing legal services as a practising barrister in relation to a matter, other than a contentious matter, where his or her instructions on that matter were received directly from a person who is not a solicitor.

102. Multi-disciplinary practices and professional codes

102. (1) Subject to this Part, a legal practitioner may provide legal services as a partner in, or an employee of, a multi-disciplinary practice.

• (2) A professional body shall not, through its professional codes or otherwise, prevent or restrict a legal practitioner who is a member of that body from working with, or otherwise doing business with, a legal practitioner providing legal services in a multi-disciplinary practice in accordance with subsection (1).

103. Complaints under Part 6 in respect of legal practitioners in limited partnerships, multi-disciplinary practices and limited liability partnerships

103. For the avoidance of doubt, nothing in this Part shall be construed as preventing a person making a complaint to the Authority under Part 6 in respect of a legal practitioner who provides a legal service as a partner or employee of a legal partnership, a multi-disciplinary practice or a limited liability partnership.

104. Notification of Authority of commencement, cessation of provision of legal services by a legal partnership

104. (1) A legal partnership that intends to provide legal services—

• (a) shall notify the Authority, in accordance with subsection (3), of that fact, and

• (b) shall not provide such services until it has complied with paragraph (a).

• (2) A legal partnership that ceases providing legal services shall—

• (a) notify the Authority in accordance with subsection (3) of that fact, and

• (b) having complied with paragraph (a), shall not provide legal services without providing the Authority with a further notification under subsection (1).

• (3) A notification under subsection (1) or (2) shall be in writing and in such form and subject to such fee (if any) as may be prescribed.

105. Legal partnership to have professional indemnity insurance

105. A legal partnership shall not provide legal services unless there is in force, at the time of the provision of such services, a policy of professional indemnity insurance which complies with regulations made under section 47 and section 26 of the Act of 1994 (if applicable).

106. Notification of Authority of commencement, cessation of provision of legal services by multi-disciplinary practice

106. (1) A multi-disciplinary practice that intends to provide legal services—

• (a) shall notify the Authority, in accordance with subsection (3), of that fact, and

• (b) shall not provide such services until it has complied with paragraph (a).

• (2) A multi-disciplinary practice that ceases providing legal services shall—

• (a) notify the Authority, in accordance with subsection (3), of that fact, and

• (b) having complied with paragraph (a), shall not provide legal services without providing the Authority with a further notification under subsection (1).

• (3) A notification under subsection (1) or (2) shall be in writing and in such form and subject to such fee (if any) as may be prescribed.

107. Partners in multi-disciplinary practice

107. (1) Each partner in a multi-disciplinary practice shall be jointly and severally liable in respect of his or her acts or omissions, those of the other partners and those of the employees of the partnership.

• (2) A partner in a multi-disciplinary practice may share with another partner in that multi-disciplinary practice fees or other income arising from the provision of services by the practice, regardless of whether—

• (a) either or both partners are legal practitioners, or

• (b) the services concerned are legal services or services other than legal services.

• (3) Subject to subsection (4), a person may be a partner in a multi-disciplinary practice notwithstanding that he or she does not provide legal services or services other than legal services.

• (4) Subject to subsection (5), the following shall not be a partner in a multi-disciplinary practice:

• (a) a person in respect of whom the High Court has made an order under section 85(7)(c) that he or she be prohibited from providing legal services otherwise than as an employee;

• (b) for the period specified in the order, a person in respect of whom the High Court has made an order under section 85(7)(d) that he or she be suspended from practice as a legal practitioner unless, in the case of a person who at the time the order was made was a partner in a multi-disciplinary practice, the order expressly permits him or her to continue to be a partner of that multi-disciplinary practice;

• (c) a person in respect of whom the High Court has made an order under paragraph (e) or (f) of section 85(7) that his or her name be struck off the roll of practising barristers or the roll of solicitors;

• (d) a person who is an unqualified person;

• (e) a person who, having been a qualified barrister, is disbarred (other than a person who has procured himself or herself to be disbarred with a view to being admitted as a solicitor);

• (f) a person who, being a solicitor in another jurisdiction, is not a solicitor qualified to practise in that jurisdiction by reason of a sanction equivalent to a sanction specified in subsection (9) having been imposed on him or her in accordance with the law of that jurisdiction;

• (g) a person who, having been a barrister in another jurisdiction, has been disbarred in accordance with the law of that jurisdiction;

• (h) a person who—

• (i) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

• (ii) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provisions of that Act;

• (i) a person who is convicted on indictment of an offence;

• (j) a person who is convicted of an offence involving fraud or dishonesty or breach of trust;

• (k) a person who is convicted of an offence involving money laundering or terrorist financing (both within the meaning of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010);

• (l) a person who is an undischarged bankrupt in this or another jurisdiction;

• (m) a person who is convicted outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

• (n) a person who is disqualified under the law of another state (whether pursuant to an order of a judge or a tribunal or otherwise) from being appointed or acting as a director or secretary of a body corporate or an undertaking.

• (5) The High Court may, on application to it by a person to whom subsection (4) (other than paragraphs (a) to (c) of that subsection) applies, grant the person an order permitting him or her to be a partner in a multi-disciplinary practice where it is of the opinion that it is reasonable and proportionate to do so, having regard to the circumstances of the person, including the circumstances that gave rise to subsection (4) applying to him or her.

• (6) A person who contravenes subsection (4), and is not the subject of an order under subsection (5), commits an offence.

• (7) A person who commits an offence under subsection (6) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

• (8) Nothing in this section shall be construed as permitting investment in a multi-disciplinary practice by a person other than an individual.

• (9) In this section, “unqualified person” means a solicitor who is not a solicitor qualified to practise, within the meaning of the Act of 1954, by reason of—

• (a) his or her name having been struck off the roll of solicitors,

• (b) his or her suspension from practice,

• (c) his or her having had the issue to him or her of a practising certificate refused under section 49 of that Act,

• (d) having his or her practising certificate suspended under section 58 of the Act of 1994, or

• (e) his or her having given to the High Court an undertaking not to practise as a solicitor.

108. Managing legal practitioner

108. (1) A multi-disciplinary practice shall have at least one legal practitioner (referred to in this Part as the “managing legal practitioner”) who shall be a partner in the multi-disciplinary practice, who shall be responsible for the management and supervision of the provision of legal services by the practice.

• (2) Where a multi-disciplinary practice fails to be in compliance with subsection (1) for a period of 7 days or longer, it shall—

• (a) notify the Authority of that fact, and

• (b) cease providing legal services until a managing legal practitioner is appointed under subsection (1).

• (3) The managing legal practitioner shall ensure that the multi-disciplinary practice is managed so as to ensure the provision of legal services by the practice—

• (a) is in accordance with the requirements of this Act and regulations made under it and any other applicable enactment or rule of law, and

• (b) adheres to the professional principles specified in section 13(5).

• (4) Where a managing legal practitioner has reason to believe that the multi-disciplinary practice is providing, or is likely to provide, legal services in a manner that does not comply with paragraph (a) or (b) of subsection (3), or if it would be reasonable for the managing legal practitioner to so believe, he or she shall, within a period of 14 days, take all reasonable action available to him or her to—

• (a) ensure that those paragraphs are complied with, and

• (b) remedy any defaults in compliance with those paragraphs.

• (5) Where a managing legal practitioner fails, within the period referred to in subsection (4) —

• (a) in accordance with paragraph (a) of that subsection, to ensure compliance as referred to in that paragraph, or

• (b) to remedy any defaults in accordance with paragraph (b) of that subsection,

he or she shall, within 7 days of the expiration of that period, notify the Authority of such failure.

• (6) A managing legal practitioner who fails to notify the Authority in accordance with subsection (5) commits an offence.

• (7) A person who commits an offence under subsection (6) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

109. Obligations of legal practitioners in multi-disciplinary practice

109. Nothing in this Part—

• (a) shall be construed as preventing an act or omission on the part of a legal practitioner who is a partner in or an employee of a multi-disciplinary practice that is in contravention of this Part also being found to amount to misconduct under section 50, or

• (b) derogates from the obligations, liabilities or privileges of such a legal practitioner under this Act or any other enactment or rule of law.

110. Operation of multi-disciplinary practice

110. (1) A multi-disciplinary practice shall have written procedures in place, to which all partners and employees of the practice are subject, that—

• (a) ensure that legal services are provided by the practice in a manner that complies with paragraphs (a) and (b) of section 108(3), and

• (b) facilitate compliance by the managing legal practitioner with his or her obligations under this Act.

• (2) Without prejudice to the generality of subsection (1), procedures referred to in that subsection shall—

• (a) provide that partners and employees of the multi-disciplinary practice concerned are obliged to comply with—

• (i) such directions of the managing legal practitioner as he or she considers necessary to issue in order to comply with his or her obligations under this Act, and

(ii)subsection (3),

and

• (b) include such procedures as may be specified in regulations under section 116.

• (3) A person shall not cause or induce a legal practitioner who is a partner in or an employee of a multi-disciplinary practice to provide legal services in a manner that does not comply with paragraphs (a) or (b) of section 108(3).

• (4) The managing legal practitioner of a multi-disciplinary practice shall ensure that—

• (a) separate accounting records are maintained by the multi-disciplinary practice in respect of—

• (i) the legal services provided by it, and

• (ii) the services other than legal services provided by it,

• (b) moneys received, held, controlled or paid by a legal practitioner who is a partner in, or an employee of, the multi-disciplinary practice, arising from the provision by the practice of legal services, are held in a separate bank account to moneys otherwise received, held or controlled by the practice, and

• (c) fees or other income arising from the provision by the practice of legal services are held in a separate bank account to fees or other income arising from the provision by the practice of services other than legal services.

• (5) A legal practitioner who is a partner in or employee of a multi-disciplinary practice shall not, in the provision by him or her of legal services to a client, disclose the affairs of the client to a partner or employee of the practice who is not also engaged in the provision of legal services to that client, without the express consent of the client concerned.

• (6) Subject to subsection (7), nothing in this Part shall be construed as affecting any entitlement of a person under an enactment or rule of law to inspect a multi-disciplinary practice or to obtain information from a partner in or employee of such a practice in relation to the provision by the practice of services other than legal services.

• (7) Subsection (6) shall not be construed as permitting a person referred to in that subsection to obtain information in the possession of a legal practitioner who is a partner in or employee of a multi-disciplinary practice where that information is the subject of legal privilege.

111. Letter of engagement

111. A legal practitioner who is a partner in or an employee of a multi-disciplinary practice shall not provide legal services to a client of the multi-disciplinary practice unless he or she provides the client with a notice in writing which shall—

• (a) specify the services to be provided to the client by the multi-disciplinary practice,

• (b) specify which of the services referred to in paragraph (a) are to be provided by a legal practitioner,

• (c) specify which of the services referred to in paragraph (a) are services other than legal services,

• (d) specify which (if any) of the services referred to in paragraph (a) are services to which section 21 (as amended by section 29 of the Solicitors (Amendment) Act 1994) of the Solicitors (Amendment) Act 1960 applies, and

• (e) provide such additional information as may be prescribed.

112. Multi-disciplinary practice to have professional indemnity insurance

112. A multi-disciplinary practice shall not provide legal services unless there is in force, at the time of the provision of such services, a policy of professional indemnity insurance which complies with regulations made under section 47 and section 26 of the Act of 1994 (if applicable).

113. Saver for Compensation Fund under section 21 of Solicitors (Amendment) Act 1960

113. Nothing in this Part shall be construed as extending the obligation of the Law Society under section 21(4) (as amended by section 29 of the Solicitors (Amendment) Act 1994) of the Solicitors (Amendment) Act 1960 to loss sustained in consequence of dishonesty on the part of a legal practitioner who is a partner in or an employee of a legal partnership or, as the case may be, a multi-disciplinary practice or any clerk or servant of that legal practitioner arising from the provision by that legal practitioner of legal services to a client, where that legal practitioner is not a practising solicitor.

114. Power of Authority to specify measures

114. (1) Where the Authority is satisfied that a provision of this Part or regulations made under it are not being, or have not been, complied with by the multi-disciplinary practice or managing legal practitioner concerned, it may, in accordance with this section, issue a direction to the multi-disciplinary practice or managing legal practitioner concerned to take such measures as are specified in the direction.

• (2) The Authority shall not issue a direction under this section unless it considers it to be necessary to ensure compliance by the multi-disciplinary practice or managing legal practitioner, as the case may be, with its or, as the case may be, his or her obligations under this Part or regulations made under it.

• (3) A direction under this section may, where the multi-disciplinary practice concerned has been found to be in breach of section 108(1), direct the practice to appoint, within 7 days of the date on which the notice is issued, a managing legal practitioner.

• (4) Where the Authority reasonably believes that the multi-disciplinary practice or managing legal practitioner concerned is in breach of any other provision of this Part or regulations made under it, the Authority—

• (a) shall send the multi-disciplinary practice or managing legal practitioner, as the case may be, a notice in writing—

• (i) setting out its belief and the reasons for it,

• (ii) setting out the measures it proposes to direct the multi-disciplinary practice or, as the case may be, the managing legal practitioner to take in order to comply with its or, as the case may be, his or her, obligation under the provision concerned,

• (iii) inviting the multi-disciplinary practice or managing legal practitioner, as the case may be, to make within such reasonable period as the Authority may specify in the notice, observations on the finding or proposal, or both,

and

• (b) may, having considered any observations made by the multi-disciplinary practice or managing legal practitioner under paragraph (a)(iii), issue a direction to the multi-disciplinary practice or managing legal practitioner, directing it, or him or her, as the case may be, to take such measures, within such period as may be specified in the direction, as the Authority considers necessary to ensure compliance by the multi-disciplinary practice or managing legal practitioner, as the case may be, with the provision concerned.

• (5) A multi-disciplinary practice or managing legal practitioner may, within 21 days of the issuing to it of a direction under this section, appeal that direction to the High Court.

• (6) An appeal under subsection (5) shall be on notice to the Authority.

• (7) The High Court, on hearing an appeal under this section, may—

• (a) confirm the direction concerned, or

• (b) where it considers that the direction is oppressive, unreasonable or unnecessary, revoke or vary the direction.

115. Application to High Court for order suspending or ceasing provision of legal services by multi-disciplinary practice

115. (1) Where a multi-disciplinary practice or, as the case may be, a managing legal practitioner, fails to comply with a notice under section 114, the Authority may apply to the High Court for an order—

• (a) requiring the multi-disciplinary practice or managing legal practitioner to comply with the direction,

• (b) suspending the provision by the multi-disciplinary practice concerned of legal services, or

• (c) directing the multi-disciplinary practice to cease providing legal services.

• (2) An application under subsection (1) shall be on notice to the multi-disciplinary practice and managing legal practitioner concerned.

• (3) The High Court, on hearing an application for an order referred to in subsection (1)(b), may make an order that the multi-disciplinary practice be suspended from providing legal services for a specified period and subject to such terms and conditions as the Court considers appropriate.

• (4) The High Court, on hearing an application for an order referred to in subsection (1)(c), may make an order—

• (a) that the multi-disciplinary practice be suspended from providing legal services for a specified period and subject to such terms and conditions as the Court considers appropriate, or

• (b) that the multi-disciplinary practice cease providing legal services.

• (5) The jurisdiction vested in the High Court under this section shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.

• (6) The Authority or the legal practitioner concerned may appeal to the Court of Appeal against an order of the High Court made under this section within a period of 21 days beginning on the date of the order and, unless the High Court or the Court of Appeal otherwise orders, the order of the High Court shall have effect pending the determination of such appeal.

• (7) Where an order is made by the High Court under subsection (3) or (4), the Authority shall as soon as practicable thereafter 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 Authority may consider appropriate.

116. Regulations on operation of legal partnerships and multi-disciplinary practices

116. (1) Subject to this section, the Authority may make regulations in relation to the operation and management of—

• (a) legal partnerships, and

• (b) multi-disciplinary practices.

• (2) The Authority shall—

• (a) upon the commencement of section 100 or as soon as practicable thereafter, make regulations under subsection (1)(a), and

• (b) upon the commencement of section 102 or as soon as practicable thereafter, make regulations under subsection (1)(b).

• (3) Without prejudice to the generality of subsection (1), regulations under that subsection may provide for—

• (a) the standards to be observed in the provision by the practice of legal services to clients, including standards relating to:

• (i) the professional and ethical conduct of persons providing legal services to clients;

• (ii) the obligation of such persons to keep the affairs of clients confidential;

• (iii) the provision of information to a client in relation to the duties owed by the practice to him or her,

• (b) the rights, duties and responsibilities of a practice in respect of moneys received from clients,

• (c) the management and control of the practice so as to ensure that:

• (i) the standards referred to in paragraph (a) are at all times observed;

• (ii) it has in place appropriate systems of control, including systems for risk management and financial control;

• (iii) where, in the provision by it of services, a conflict of interest or potential conflict of interest arises, this is dealt with adequately and in accordance with any relevant code of conduct or professional codes;

• (iv) its obligations under this Act and regulations made under it are complied with,

• (d) the maintenance by the practice of records,

• (e) the regulation of the names that may be used by a practice,

• (f) the regulation of the advertising by the practice of its services.

• (4) Without prejudice to the generality of subsection (1), regulations under subsection (1)(b) may—

• (a) specify procedures that are to be included in the written procedures referred to in section 110(1), and

• (b) provide for:

• (i) the type or types of bank accounts that may be opened and kept by a multi-disciplinary practice, and the opening and keeping of such accounts;

• (ii) the accounting records to be maintained (or caused to be maintained) by a legal practitioner, who is a partner in or an employee of a multi-disciplinary practice arising from the provision by him or her of legal services, including the minimum period or periods for which accounting records shall be retained by a legal practitioner during the period of, and following the conclusion of, the provision of legal services;

• (iii) the keeping by a legal practitioner referred to in subparagraph (ii) of accounting records containing particulars of and information as to moneys received, held, controlled or paid by him or her arising from the provision by him or her of legal services, for or on account of a client or any other person or himself or herself.

• (5) In making regulations under this Part, the Authority shall have regard to the objectives specified in section 13(4) and to the following:

• (a) the need to ensure that the provision by a practice of legal services to its clients is of a standard that it is reasonable to expect of a legal practitioner in the provision of those services;

• (b) the need to ensure that a practice is operated or managed in such a way as to ensure that a legal practitioner who is a partner in or an employee of that practice has, in the provision by him or her of legal services, adequate regard to—

• (i) the codes of practice and professional codes that are applicable to him or her, and

• (ii) the professional principles specified in section 13(5);

• (c) the need to ensure that the interests of clients of practices are protected and that the duties owed to them by practices are complied with and, in particular, that the activities of a practice do not expose the interests of a client to risk or pose a risk to monies received by it from a client;

• (d) the need, in the case of a multi-disciplinary practice, to ensure that the provision by it of services other than legal services does not have the effect of lowering the standard referred to in paragraph (a) or the regard by legal practitioners referred to in paragraph (b) to the matters specified in that paragraph;

• (e) the need to ensure that public confidence in practices is maintained.

• (6) In subsections (3) and (5), “practice” means a legal partnership or a multi-disciplinary practice.

117. Authority to maintain register of legal partnerships and multi-disciplinary practices

117. (1) The Authority shall maintain a register of—

• (a) legal partnerships that have notified it in accordance with section 104(1)(a), and

• (b) multi-disciplinary practices that have notified it in accordance with section 106(1)(a).

• (2) Where a legal partnership or a multi-disciplinary practice referred to in subsection (1) notifies the Authority in accordance with section 104(2)(a) or 106(2)(a), as the case may be, the Authority shall remove the name of that legal partnership or multi-disciplinary practice from the register referred to in that subsection.

• (3) The Authority shall make the register referred to in subsection (1) available in an appropriate format to members of the public for inspection free of charge.

118. Public consultation on operation etc., of legal partnerships

118. (1) The Authority—

• (a) immediately following its establishment, shall, and

• (b) periodically thereafter, may,

engage in a public consultation process in relation to the regulation, monitoring and operation of legal partnerships.

• (2) The Authority shall conduct its initial consultation referred to in subsection (1)(a) and report to the Minister within a period of 6 months following its establishment.

• (3) Following any consultation conducted under subsection (1), and having regard to any submissions duly received, the Authority shall prepare a report to the Minister setting out any recommendations in relation to the matters specified in subsection (1).

• (4) The Minister shall cause copies of any such report to be laid before each House of the Oireachtas within 30 days of its receipt by him or her.

119. Report on operation etc., of multi-disciplinary practices

119. (1) The Authority shall, no later than 6 months following the establishment day, make a report (“initial report”) to the Minister on the establishment, regulation, monitoring, operation and impact of multi-disciplinary practices in the State.

• (2) The initial report shall include information on—

• (a) the operation of similar practices in other jurisdictions, including the—

• (i) length of time in which such practices have been operating,

• (ii) legislative and regulatory measures relating to such practice that are in place in the jurisdictions concerned, and the effect of those measures, and

• (iii) impact of the operation of the practices on the matters referred to in paragraph (d),

• (b) the likely consequences, including the changes to the operation of existing models of legal practice in the State, of the operation in the State of multi-disciplinary practices,

• (c) the likely impact of the operation of multi-disciplinary practices in the State on—

• (i) legal costs,

• (ii) the provision of legal services to consumers, and

• (iii) the access of persons to legal practitioners,

and

• (d) the likely effect of the operation of multi-disciplinary practices in the State on the achievement of the objectives specified in section 13(4).

• (3) The Authority shall engage in a public consultation process in relation to the matters specified in subsection (1) and, not later than 6 months after the making to the Minister of the initial report, make a report (“final report”) to the Minister on those matters.

• (4) The final report shall—

• (a) have regard to the information contained in the initial report, and to any submissions received in the course of the public consultation under subsection (3), and

• (b) set out the recommendations of the Authority in relation to the establishment, regulation, monitoring and operation of multi-disciplinary practices in the State.

• (5) The Minister shall cause copies of the initial report and the final report to be laid before each House of the Oireachtas within 30 days of its receipt by him or her.

120. Public consultation on certain issues relating to barristers

120. (1) The Authority shall engage in a public consultation process on—

• (a) the extent, if any, to which the restriction on legal practitioners, other than solicitors, holding the moneys of clients, as provided under section 45, should be retained,

• (b) the retention or removal of restrictions on a barrister receiving instructions in a contentious matter, directly from a person who is not a solicitor, and the reforms, whether administrative, legislative, or to existing professional codes, that are required to be made in the event that the restrictions are retained or, as the case may be, removed, and

• (c) the circumstances and manner in which a barrister may hold clients’ moneys and the mechanisms to be applied for the protection of clients’ moneys which may be so held.

• (2) The public consultation process referred to in subsection (1) shall be carried out in the following manner:

• (a) the Authority shall invite members of the public to make submissions, within a specified time limit, on the matters referred to in subsection (1), where such invitation is made by means of a notice to that effect published in a newspaper circulating within the State and on the internet;

• (b) the Authority may, where it considers it appropriate to do so, consult with such bodies, including professional bodies and persons, in relation to the matters referred to in subsection (1);

• (c) the Authority shall, immediately following the expiry of the time limit referred to in paragraph (a), and having regard to the submissions duly received under that paragraph and any consultation held under paragraph (b), prepare a report to the Minister setting out its recommendations in relation to the matters specified in subsection (1);

• (d) the report referred to in paragraph (c) shall be completed and submitted to the Minister within 12 months of the establishment day.

• (3)
• (a) At any time before the completion of the report referred to in subsection (2)(c), the Authority shall, on the request of the Minister, and may, on its own initiative, prepare an interim report for the Minister.

• (b) An interim report referred to in paragraph (a) may refer to the general progress of the public consultation process and shall refer—

• (i) where the Minister has requested the interim report, to such matters as the Minister has requested in the report, or

• (ii) where the interim report is prepared on the initiative of the Authority, to such matters as the Authority considers appropriate,

and the interim report may contain recommendations in respect of such matters.

• (4) The Minister shall cause copies of the report referred to in subsection (2)(c) or, as the case may be,subsection (3), to be laid before each House of the Oireachtas within 30 days of its receipt by him or her.

121. Review of operation of this Part

121. (1) The Authority shall—

• (a) not later than 4 years after the commencement of section 100, and every 5 years thereafter, commence a review of the operation of this Part, insofar as it relates to legal partnerships, and

• (b) not later than 1 year after the commencement of the review referred to in paragraph (a), make a report to the Minister on its findings and conclusions resulting from that review.

• (2) The Authority shall—

• (a) not later than 2 years after the commencement of section 102, and every 5 years thereafter, commence a review of the operation of this Part, insofar as it relates to multi-disciplinary practices, and

• (b) not later than 1 year after the commencement of the review referred to in paragraph (a), make a report to the Minister on its findings and conclusions resulting from that review.

• (3) A report under subsection (1)(b) or (2)(b) may include such recommendations (including recommendations for the amendment of any provision of this Part that is the subject of the review) as the Authority considers necessary.

• (4) The Minister shall cause copies of any report under subsection (1)(b) or (2)(b) to be laid before each House of the Oireachtas within 30 days of its receipt by him or her.

Chapter 3 Limited Liability Partnerships

122. Limited liability partnership and professional codes

122. A professional body shall not, through its professional code or otherwise, prevent or restrict a legal practitioner who is a member of that body from working with, or otherwise doing business with, a legal practitioner providing legal services as a partner in, or as an employee of, a limited liability partnership.

123. Liability of partner in a limited liability partnership

123. (1) A partner in a limited liability partnership shall not, by reason only of his or her being a partner or being held out as being a partner in that partnership, be personally liable directly or indirectly, by way of contribution or otherwise, for any debts, obligations or liabilities arising in contract, tort or otherwise of—

• (a) the limited liability partnership,

• (b) himself or herself,

• (c) any other partner in that limited liability partnership, or

• (d) any employee, agent or representative of that limited liability partnership.

• (2) Subsection (1) shall not apply to a partner in a limited liability partnership to the extent that—

• (a) the debt, obligation or liability referred to in that subsection is incurred as a result of an act or omission of the partner involving fraud or dishonesty, and

• (b) that act or omission—

• (i) was the subject of a finding of misconduct under Part 6, or

• (ii) constituted an offence of which the partner was convicted.

• (3) Subsection (1) does not affect the liability of a partner in a limited liability partnership in respect of a debt, obligation or liability incurred by that partner for a purpose not connected with the carrying on of the business of the limited liability partnership.

• (4) Subsection (1) shall not apply to a partner in a limited liability partnership to the extent that the debt or obligation referred to in that subsection relates to any tax (within the meaning of section 960A of the Taxes Consolidation Act 1997).

• (5) Subsection (1) does not affect the personal liability of a partner in a limited liability partnership for any debt, obligation or liability referred to in that subsection where the debt, obligation or liability was incurred by reason of an act or omission of the partner which occurred prior to the date of authorisation to operate as a limited liability partnership notified under section 125(6).

• (6) The Partnership Act 1890 shall apply to limited liability partnerships to the extent that it is not inconsistent with this Chapter.

124. Property of partnership

124. (1) Section 123 shall not operate to prevent or restrict the enforcement against the property of a limited liability partnership of any debt, obligation or liability.

• (2) The transfer of any partnership property out of the joint ownership of some or all of the partners in a limited liability partnership for the benefit of any one or more of those partners shall constitute a conveyance for the purposes of section 74 of the Land and Conveyancing Law Reform Act 2009 and section 7 of the Bankruptcy Act 1988.

125. Application for limited liability partnership

125. (1) A relevant business shall not operate as a limited liability partnership unless authorised by the Authority to so operate under this section.

• (2) An application for authorisation to operate a relevant business as a limited liability partnership shall be made to the Authority.

• (3) An application under subsection (2) shall be in such form and be accompanied by—

• (a) such information, and

• (b) such fee (if any),

as may be prescribed in regulations made under section 130.

• (4) Subject to subsection (5), where the Authority receives an application in accordance with subsection (3) and the Authority is satisfied that the relevant business has professional indemnity insurance in place which complies with regulations made under section 47 in relation to limited liability partnerships and under section 26 of the Act of 1994 (if applicable), the Authority shall authorise a relevant business to operate as a limited liability partnership.

• (5) An authorisation under subsection (4) is subject to the condition that the limited liability partnership has professional indemnity insurance in place which complies with regulations made under section 47 in relation to limited liability partnerships and under section 26 of the Act of 1994 (if applicable) at all times in respect of that partnership.

• (6) An authorisation given by the Authority under subsection (4) shall be in writing and shall have effect from such date as is specified in the notice.

• (7) A limited liability partnership shall, as soon as practicable after receipt of the authorisation under subsection (4), notify its clients and creditors of the fact that it is operating as a limited liability partnership and setting out the information prescribed in regulations made under section 130(2)(c).

• (8) A limited liability partnership shall—

• (a) conduct the business of the partnership using a name that ends with either the expression “limited liability partnership” or the abbreviation “LLP”,

• (b) use the name referred to in paragraph (a) on all contracts, invoices, negotiable instruments, orders for goods and services, advertisements, invitations to treat, websites or any other publication published in any format by or on behalf of the limited liability partnership, and

• (c) comply with any obligations imposed on limited liability partnerships by or under this Act.

• (9) The Authority shall make a decision under subsection (4) not later than 60 days after receipt of an application which complies with subsection (3).

126. Authority to maintain register of limited liability partnerships

126. (1) The Authority shall establish and maintain a register (in this section referred to as the “register”) of limited liability partnerships.

• (2) The Authority shall enter the following details in the register in relation to a limited liability partnership:

• (a) the name and address of each of the partners in that partnership;

• (b) the full name of the partnership and address at which the partnership ordinarily carries on business;

• (c) the date on which the authorisation is to take effect under section 125(6);

• (d) details of any order under section 128 suspending an authorisation issued under section 125, the period for which the suspension is to operate and any conditions imposed by the High Court under that section;

• (e) details of any order under section 128 which revokes an authorisation issued under section 125.

• (3) If a particular entered in the register is incorrect, the limited liability partnership to which the particular relates shall, as soon as may be after becoming aware of its being incorrect, inform the Authority thereof accordingly.

• (4) The Authority shall, upon becoming aware that any particular entered in the register is incorrect or has ceased to be correct, make such alterations to that register as it considers necessary.

• (5) The Authority shall record in the register the date from which an authorisation stands revoked under subsection (2) or subsection (3) of section 129.

• (6) The Authority shall make the register available for inspection free of charge to members of the public in such form and manner as it thinks appropriate.

127. Power of Authority to issue direction for failure to comply with statutory requirements