S.I. No. 343/1988 - Solicitors (Professional Practice) Regulations, 1988.

S.I. No. 343 of 1988.

SOLICITORS (PROFESSIONAL PRACTICE) REGULATIONS, 1988.

The Incorporated Law Society of Ireland, in exercise of the powers conferred on it by sections 5 and 71 of the Solicitors Act, 1954 (No. 36 of 1954), hereby makes the following regulations:

1. (1) These regulations may be cited as the Solicitors (Professional Practice) Regulations, 1988.

(2) The regulations shall come into operation on the 1st day of January 1989.

2. (1) In these regulations, unless the context otherwise requires—

"the Act of 1954" means the Solicitors Act 1954 ;

"the Act of 1960" means the Solicitors (Amendment) Act 1960 ;

"the Disciplinary Committee" means the Disciplinary Committee appointed pursuant to section 6 of the Act of 1960.

"practice" means professional practice of a solicitor and includes any area of practice;

"predecessor", in relation to a practice, means a solicitor or retired solicitor who has sold the goodwill of his former practice to another solicitor in consideration of a payment or payments to be derived from the practice of the acquiring solicitor; whether such payment or payments be ascertainable by reference to an overall capital sum or be ascertainable by reference to the extent of the profits of the ongoing practice of the acquiring solicitor.

"professional fees" means fees earned by a solicitor for the provision of services in the course of his practice.

"services" means services of a legal nature provided by a solicitor, and includes any part of such services;

"solicitor" means a solicitor qualified to practise in the State pursuant to section 54 of the Act of 1954 and includes a firm of solicitors and any partnership or association of solicitors.

"the State" means the Republic of Ireland.

(2) The Interpretation Act 1937 applies to the interpretation of these Regulations as it applies to the interpretation of an act of the Oireachtas.

3. (1) A solicitor shall not agree to share his professional fees with any person, not being either a solicitor or a duly qualified legal agent in another country.

(2) Notwithstanding the provisions of paragraph 1 of this regulation, a solicitor may agree to pay an annuity or other sum out of the profits of his practice to a retired solicitor/partner in such practice or to a predecessor in such practice, or to the spouse, children or other dependants, or to the personal representative(s), of such a deceased retired solicitor/partner or predecessor.

(3) Notwithstanding the provisions of paragraph 1 of this regulation, a solicitor who is employed full time in consideration of a salary to provide services exclusively for an employer who is not a solicitor, may agree with such employer to set-off all or part of any professional fees received by that solicitor from third parties arising from the provision of such services, against (and only to the extent thereof)—

(a) the salary paid or to be payable by such employer to that solicitor;

and

(b) the reasonable expenses (including secretarial, stationery, telephone and other similar overhead expenses) incurred by such employer in connection with the employment of such solicitor.

4. (1) A solicitor shall not accept an appointment by or act as solicitor for any person on the basis that he will be remunerated by a fixed payment irrespective of the extent of the services provided or to be provided by him as solicitor for such person, unless that solicitor shall be the holder of a wholetime appointment under a contract which provides that he shall act as solicitor for such person exclusively within the State, or a defined area within the State, in the provision of services or a defined category of services.

(2) The provisions of paragraph 1 of this regulation shall not apply to a solicitor to the extent that he holds an appointment as a State solicitor.

5. A breach of these regulations may, upon due enquiry by the Disciplinary Committee, be deemed by the Disciplinary Committee to be misconduct within the meaning of the Act of 1960.

Signed on behalf of the Incorporated Law Society of Ireland this 14th day

of December 1988.

MAURICE R. CURRAN,

President of the Incorporated Law

Society of Ireland.