S.I. No. 178/1996 - Solicitors (Practice, Conduct and Discipline) Regulations 1996

S.I. No. 178 of 1996.

SOLICITORS (PRACTICE, CONDUCT AND DISCIPLINE) REGULATIONS 1996

Solicitors (Professional Names/Notepaper) Regulations 1996

The Law Society of Ireland, in exercise of the powers conferred on it by Sections 4 , 5 and 71 of the Solicitors Act 1954 (No. 36 of 1954) as amended by the Solicitors (Amendment) Act 1994 hereby makes the following regulations:

1. (i) These regulations may be cited as the Solicitors (Professional Practice, Conduct and Discipline) Regulations 1996.

(ii) These regulations shall come into force on the 1st day of October 1996.

2. (i) In these regulations unless the context otherwise requires

"The Society" means the Law Society of Ireland.

"Solicitor" has the meaning assigned to it in Section 3 of the Solicitors (Amendment) Act 1994 .

"Practice" means the professional practice of a solicitor.

Other words and phrases in these regulations shall have the meanings assigned to them by the Solicitors Acts 1954 to 1994.

3. The Interpretation Act 1937 applies to the interpretation of this regulation as it applies to the interpretation of an Act of the Oireachtas.

4. (i) The name of a practice under which a solicitor or a firm of solicitors carry on business shall consist only of the name or one of the names of the solicitors or one or more of the present or former principals of the firm as the case may be, or such other name as is approved in writing by the Society.

(ii) Section 4(i) will not apply to any name which is in use on the 1st day of July 1996.

5. The nameplate of a practice shall not include matters other than the following:

(i) The name of the practice.

(ii) The names of solicitors and/or their qualifications.

(iii) The date of establishment.

6. The following provisions shall apply to the professional notepaper of a practice:—

(i) Even if a practice is carried on under the true surnames of all the partners, the notepaper shall list their names.

(ii) If the names of assistant solicitors are listed on the notepaper, a differentiation shall be made between their names and the names of the partners.

(iii) Where the practice comprises a solicitor in salaried employment acting for his non-solicitor employer, the professional notepaper shall state the name of the solicitor and may list the names of other solicitors who assist that solicitor.

(iv) All solicitors who are listed on the notepaper of a practice shall hold a current practising certificate issued by the Society.

(v) No names other than the names of solicitors holding current practising certificates issued by the Society shall appear on the notepaper, unless their status is unambiguously stated.

(vi) If one or more solicitors or firms practise in association with each other, their respective notepaper may refer to the solicitors or firms with whom they are in association.

EXPLANATORY NOTE

This Statutory Instrument should be read in conjunction with the Registration of Business Names Act 1963 which also contains important provisions relating to professional names and notepaper.

Signed on behalf of the Law Society of

Ireland this 4th day of June 1996.

Andrew F. Smyth,

President of the Law Society of Ireland.