Legal Services Regulation Act 2015

Prohibition on unqualified person providing legal services as practising barrister

136. (1) Subject to subsection (5), an unqualified person shall not provide legal services as a practising barrister.

(2) A person who contravenes subsection (1) shall, without prejudice to any other liability or disability to which he may be subject, be guilty of an offence and shall be liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding two years, or, at the discretion of the court, to a fine not exceeding €30,000 or to both such fine and such imprisonment, or

(b) on summary conviction, to imprisonment for a term not exceeding six months or, at the discretion of the Court, to a Class A fine or to both such fine and such imprisonment.

(3) A person who contravenes subsection (1) in relation to a court of justice shall also be guilty of contempt of that court and shall be punishable accordingly.

(4) In this section, “unqualified person” means a person who—

(a) is not a qualified barrister,

(b) notwithstanding that he or she is a qualified barrister, is not a person whose name is entered on the roll of practising barristers, or

(c) is not a practising solicitor.

(5) Subsection (1) shall not, during the period referred to in that paragraph, apply to a practising barrister to whom paragraph (b) of section 133 (1) applies.