Solicitors (Amendment) Act, 1994

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

52.—The Principal Act is hereby amended by the substitution of the following section for section 44:

Exemptions (reciprocal provisions).

44.—(1) In this section ‘corresponding profession’ means a profession in another jurisdiction, other than the jurisdiction of a Member State of the European Communities, which in the opinion of the Society corresponds substantially to the profession of solicitor.

(2) This section applies to a person who—

(a) is qualified to practise in a corresponding profession,

(b) has applied to the Society to be admitted as a solicitor or who has been admitted as a solicitor under subsection (5) of this section having so applied, and

(c) has satisfied the Society that he is a fit and proper person to be admitted as a solicitor.

(3) Subject to subsections (4) and (6) of this section, the following provisions shall have effect in relation to a person to whom this section applies:

(a) he shall not be required to become bound under indentures of apprenticeship;

(b) he shall not be required to comply with the provisions of section 40 (3) of this Act;

(c) he shall be required to have practised his profession in the jurisdiction in which he is qualified to practise for such minimum period as may be prescribed;

(d) he shall attend such course or courses of education or training (or both) and pass such examination or examinations as may be prescribed;

(e) he shall not, for such period as may be prescribed (not to exceed three years) following the date of his admission as a solicitor (during which period he shall have worked full-time in the provision of legal services) commence to carry on practice—

(i) as a sole practitioner, or

(ii) as a partner with another practising solicitor or other practising solicitors unless that other practising solicitor or one of such other practising solicitors has been engaged full-time in the provision of legal services for a period of not less than three years at the time of such commencement;

(f) he shall, during the period referred to in paragraph (e) of this subsection, be required to attend such courses of further education or training (or both) as may be prescribed.

(4) The Society may waive in the prescribed manner, in whole or in part, any one or more of the provisions of paragraphs (c), (d), (e) or (f) of subsection (3) of this section in relation to any prescribed category of person to whom this section applies.

(5) A person to whom this section applies who has complied with the provisions of paragraphs (c) and (d) of subsection (3) of this section (insofar as they have not been waived in whole or in part under subsection (4) of this section) shall be entitled to be admitted as a solicitor.

(6) The Minister may by order appoint a day or days for the coming into operation of this section in relation to a corresponding profession in any jurisdiction being a day or days on which he is satisfied that reciprocal provisions will be in operation in that jurisdiction in respect of solicitors whose names are on the roll and he may revoke an order so made if such reciprocal provisions cease to apply.”.