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Solicitors (Amendment) Act, 1994

Amendment of section 71 of Principal Act.

69.Section 71 of the Principal Act is hereby amended by the insertion of the following subsections:

“(2) Without prejudice to the generality of subsection (1) of this section, the Society shall not prohibit a solicitor from charging less for a legal service than any charge or fee or remuneration specified for that legal service by way of any statutory scale or scales for the time being in force.

(3) The Society shall not prohibit advertising by solicitors.

(4) Nothing in subsection (3) of this section shall prevent the Society prohibiting advertising which—

(a) is likely to bring the solicitors' profession into disrepute, or

(b) is in bad taste, or

(c) reflects unfavourably on other solicitors, or

(d) contains an express or implied assertion by a solicitor that he has specialist knowledge in any area of law or practice superior to other solicitors, or

(e) is false or misleading in any respect, or

(f) comprises or includes unsolicited approaches to any person with a view to obtaining instructions in any legal matter, or

(g) is contrary to public policy.

(5) Subject to subsection (6) of this section, nothing in subsection (4) of this section shall entitle the Society to prohibit the advertising of any charge or fee by a solicitor for the provision of any specified legal service.

(6) Where the Society consider it appropriate, they may make regulations, after the expiration of 2 years following the coming into operation of section 69 of the Solicitors (Amendment) Act, 1994, prohibiting the advertising of any charge or fee by a solicitor for the provision of any specified legal service, provided that such regulations may be made only with the consent of the Minister and where the Minister is satisfied that such regulations are in the public interest.

(7) Notwithstanding the provisions of paragraph (d) of subsection (4) of this section, the Society may by regulations provide that a solicitor who in the prescribed manner satisfies the Society of his specialist knowledge in a prescribed area of law or practice be permitted by the Society to designate himself as having specialist knowledge in that area of law or practice.”.