S.I. No. 151/1955 - Solicitors' Act, 1954 (Professional Practice, Conduct and Discipline) Regulations, 1955.

S.I. No. 151 of 1955.

SOLICITORS' ACT, 1954 (PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE) REGULATIONS, 1955.

The Incorporated Law Society of Ireland in exercise of the powers conferred on them by sections 4, 5, and 71 of the Solicitors' Act, 1954, and of every other power thereunto them enabling hereby make the following regulations :—

1. These regulations may be cited as the Solicitors' Act, 1954 (Professional practice, conduct and discipline) Regulations, 1955.

2. These regulations shall come into operation on the 1st day of October, 1955.

3. In these regulations the expression " the Act " means the Solicitors' Act, 1954 ; the expression " solicitor " includes a film of solicitors ; other expressions have the meanings assigned to them in the Act.

4. The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these regulations as it applies for the purpose of the interpretation of an Act of the Oireachtas except in so far as it may be inconsistent with the Act or these regulations.

5. A solicitor shall not, directly or indirectly, apply for or seek instructions for professional business or do in connection with his practice any act or thing which can reasonably be regarded as touting or advertising or as calculated unfairly to attract business. A solicitor shall not permit to be done on his behalf in connection with his practice, or by a client for whom he proposes to act, anything which if done by the solicitor himself would be a breach of this regulation, and it shall be the duty of a solicitor to make reasonable enquiry before accepting instructions, either from the client or any person dealing with the client, for the purpose of ascertaining whether the acceptance of such instructions would involve a breach of this regulation.

6. A solicitor shall not hold himself out or allow himself to be held out directly or indirectly by name or otherwise as being prepared to do professional business in contentious matters at less than the scale fees fixed by rules of Court and in non-contentious matters at less than the scale of charges, if any, fixed by general orders made under the Solicitors' Remuneration Act, 1881, or rules made under the Registration of Title Act, 1891, as amended, in force for the time being, or such lower scale as may be authorised by the Council for any particular class or classes of work.

7. A solicitor shall not agree to share with any person not being either a solicitor qualified to practise or a duly qualified legal agent in another country, his profit costs in respect of any business, either contentious or non-contentious, provided always that—

(a) a solicitor carrying on practice on his own account may with the written permission of the Council (which may be withheld or granted either unconditionally or subject to conditions), agree to pay an annuity or other sum out of the profits to a retired partner or predecessor or the dependants or legal personal representatives of a deceased partner or predecessor ;

(b) a solicitor who is employed full time in consideration of a salary to do the legal work exclusively of an employer who is not a solicitor may agree with such employer to set off profit costs received in respect of contentious business from the opponents of such employer, or the costs paid to him as the solicitor for such employer by third parties in respect of non-contentious business, against, (i) the salary so paid or payable to him and (ii) the reasonable office expenses incurred by such employer in connection with such solicitor (and to the extent of such salary and expenses).

8. A solicitor shall not accept an appointment by or act as solicitor for any client or body other than the State on the basis that he will be remunerated by a fixed salary irrespective of the amount of work performed or to be performed by him as solicitor for such client or body unless such solicitor shall hold a whole-time appointment under a contract which provides that he shall act exclusively as solicitor for such client or body.

9. The Council shall have power to waive in writing the application of any of the provisions of these regulations in any particular case.

10. The Committee or Council of a Bar Association on receiving information of facts which would, in their opinion, if proved, constitute a breach by a solicitor of any of these regulations, or misconduct within the meaning of section 14 of the Solicitors' Act, 1954, shall bring such matters to the notice of the Society for investigation.

Signed on behalf of the Incorporated Law Society of Ireland his 21st day of July, 1955.

THOMAS A. O'REILLY,

President of the Incorporated Law Society of Ireland.