S.I. No. 641/2020 - Solicitors Acts 1954 to 2015 (Applications for Removal from the Roll of Solicitors) Regulations 2020


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 29th December, 2020.

ARRANGEMENT OF REGULATIONS

CONTENTS

Page No.

1. COMMENCEMENT AND DEFINITIONS:

4

2. MAKING APPLICATION FOR REMOVAL FROM THE ROLL:

5

3. PROCEEDING WITHOUT AN INQUIRY OR REPORT TO THE HIGH COURT OR BY MEANS OF AN INQUIRY AND REPORT TO THE HIGH COURT:

5

4. PROCEDURE WHERE AN INQUIRY IS HELD:

6

5. WHERE APPLICATION IS GRANTED:

6

6. WHERE APPLICATION IS REFUSED:

7

7. REPORT TO THE HIGH COURT:

7

8. SERVICE OF ORDER OF COMMITTEE:

7

9. TO WHOM REPORT OF COMMITTEE IS FURNISHED:

7

10. WHERE SOCIETY BRING COMMITTEE REPORT BEFORE THE HIGH COURT:

7

11. WHERE APPLICATION TO COMMITTEE MAY BE POSTPONED OR WITHDRAWN:

8

12. CONFORMITY OF THESE REGULATIONS WITH THE SOLICITORS ACTS 1954 – 2015:

13. COMPOSITION OF COMMITTEE:

8

14. POWER OF COMMITTEE TO REGULATE PROCEDURES:

8

15. AMENDMENT BY COMMITTEE OF DEFECTIVE OR INSUFFICIENT DOCUMENT:

8

16. DEVIATION FROM FORMS:

9

17. MISTAKES OR ERRORS IN ORDERS OR REPORTS:

9

18. LEGAL REPRESENTATION:

9

19. ORDERS FOR REMOVAL FROM ROLL TO BE SENT TO REGISTRAR:

9

ARRANGEMENT OF SCHEDULE

CONTENTS

Page No.1

Form VR1

FORM OF APPLICATION BY A SOLICITOR FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

10

Form VR2

FORM OF AFFIDAVIT BY A SOLICITOR TO ACCOMPANY AN APPLICATION FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

11

Form VR3

NOTICE OF OBJECTION BY THE REGISTRAR OF SOLICITORS OR OTHER PERSON INTERESTED TO THE APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS

13

Form VR4

FORM OF NOTICE OF INQUIRY BY THE REGULATION OF PRACTICE COMMITTEE OF AN APPLICATION BY A SOLICITOR FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

14

Form VR5

FORM OF DETERMINATION OF THE COMMITTEE IN RESPECT OF THE APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS

16

Form VR 6

FORM OF REPORT OF THE COMMITTEE TO THE HIGH COURT FOLLOWING UPON AN INQUIRY BY THE COMMITTEE IN RELATION TO AN APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS

18

THE LAW SOCIETY OF IRELAND, in exercise of the powers conferred on them by Section 5 of the Solicitors Act 1954 (as amended), and pursuant to Section 9 of the Solicitors (Amendment) Act 1960 (as amended) and in accordance with Rules made under Section 16 of the Solicitors (Amendment) Act 1960 HEREBY MAKES the within regulations regulating;

(a) the making of applications to the Law Society by a solicitor to have his or her name removed from the Roll of Solicitors pursuant to Section 9 of the Solicitors (Amendment) Act 1960 .

(b) the proceedings of the Regulation of Practice Committee of the Law Society under the Solicitors Acts 1954 to 2015 and generally as to procedure in relation to these applications.

Commencement and definitions

1. These regulations shall apply to any application made to the Law Society after the date of the making of these regulations.

In these regulations:

“applicant” means a solicitor who makes an application to the Law Society to have his or her name removed from the Roll of Solicitors;

“application” means an application by a solicitor to have his or her name removed from the Roll of Solicitors pursuant to Section 9 of the Solicitors Amendment Act 1960 (as amended);

“chairperson” means the member of the Committee who is in the chair at a division of the Committee that hears applications pursuant to Section 9 of the Solicitors Act 1960 (as amended);

“Committee” means the Regulation of Practice Committee of the Law Society;

“Form” followed by a reference “VR1”, “VR2”, or as the case may be, means a reference to the applicable form set out in the schedule to these regulations;

“Registrar” means the Registrar of Solicitors appointed pursuant to Section 8 of the Solicitors Act 1954 (as amended);

“Roll” means the Roll of Solicitors maintained by the Law Society pursuant to Section 9 of the Solicitors Act 1954 (as amended);

“Society” means the Law Society of Ireland.

Making application for removal from the Roll

2. An application by a solicitor to have his or her name removed from the Roll shall be made to and heard by the Committee. Such an application should be brought to the Committee by means of a notice to the Registrar and to the Committee giving his or her reason or reasons for the application in the form of Form VR1, accompanied by an affidavit from the applicant (and any documents exhibited thereto) in the form of Form VR2. The applicant shall furnish the original of such notice and affidavit (and any documents exhibited thereto) to the Committee and shall furnish a copy of each to the Registrar. The Registrar, or any person interested who may be notified by the Registrar of the fact of such application, may object to the granting by the Committee of the application by giving notice in writing in the form of Form VR3 to the Committee and to the applicant and (where the objection is made by a person who is interested other than the Registrar) to the Registrar.

Proceeding without an inquiry or report to the High Court or by means of an inquiry and report to the High Court

3 (a) Where an application is made by a solicitor pursuant to Regulation 2, the Committee shall consider the application and where no objection is made to it by the Registrar or any other person interested and where the Committee is of the opinion that the application should be granted without an inquiry and without making a report to the High Court, the Committee shall order accordingly, with or without, as it thinks fit, requiring the personal attendance before it of the applicant.

(b) Where an application is made by a solicitor pursuant to Regulation 2 and the Committee, after due consideration, and whether or not objection is made to it pursuant to Regulation 2 by the Registrar or any other person interested, is not of the opinion that the application should be granted without an inquiry and without making a report to the High Court, the Committee shall proceed to hold an inquiry.

(c) Where the Committee proceed to hold an inquiry, the Committee shall designate a date, time and place for the inquiry hearing. The Committee shall, in the form of Form VR4, give at least 21 days’ notice of such date, time and place to the applicant, to the Registrar and (if applicable) to any other person interested who has made an objection pursuant to Regulation 2. The Committee may, if it thinks fit, direct the applicant to give public notice by newspaper advertisement, or otherwise as it directs, of the fact that the applicant has made such application and of the date appointed for the inquiry hearing. Where (whether consequent on any such public notice of the fact of such application and such inquiry hearing, or otherwise) any person interested wishes to object to the granting of the application by the Committee who has not already made an objection pursuant to Regulation 2, that person shall give notice in writing, specifying the ground or grounds of such objection and furnishing such document (if any) alleged to support such ground or grounds, in the form of Form VR3, to the Committee, to the applicant and to the Registrar at least 7 days before the date designated by the Committee for the inquiry hearing, or any adjournment thereof. The applicant may, if he or she wishes, furnish to the Committee, before or on the day of the inquiry hearing, a further affidavit (and any documents exhibited thereto) sworn by or on behalf of the applicant, confined to addressing matters raised by the ground or grounds of any such objection.

Procedure where an inquiry is held

4. On the date designated by the Committee for such inquiry hearing (or on the date of any adjournment thereof granted by the Committee and notified to all persons interested) in the case of an application to the Committee pursuant to these Regulations, the Committee shall, in the first instance, proceed upon and consider the application and the affidavit or affidavits (and any documents exhibited thereto) furnished by or on behalf of the applicant together with any notice or notices of objection (and any documents furnished to the Committee alleged to be in support of the ground or grounds of such objection) which have been furnished to the Committee pursuant to Regulation 2 or Regulation 3(c) and together with any submissions made thereon by the applicant and by any objector or objectors (or by solicitor or counsel, respectively, on their behalf). Where, after such consideration, the Committee is of the opinion that the application should be the subject of further inquiry, whether by way of further submissions or otherwise, the Committee shall, as it thinks fit, either thereupon proceed to receive such further submissions or shall adjourn the inquiry to a designated future date; and, in the latter event, shall give such directions relating to such adjourned inquiry as it thinks fit.

Where application is granted

5. Where, after due inquiry pursuant to Regulation 4, the Committee is of the opinion that the application should be granted, the Committee shall order in the form of Form VR5 that the name of the applicant solicitor be removed from the Roll and shall, as soon as practicable after the completion of such inquiry, make a report on the application to the High Court in the form of Form VR6.

Where application is refused

6 (a) Where, after due inquiry pursuant to Regulation 4, the Committee is of the opinion that the application should be refused, the Committee shall order in the form of Form VR5 that the application by the applicant solicitor to have his or her name removed from the Roll be refused; and shall, as soon as practicable after the completion of such inquiry, make a report on the application to the High Court, in the form of Form VR6.

(b) Where the Committee refuse the application pursuant to paragraph (a) of this regulation, the Committee may request the Registrar to investigate or to investigate further any matter arising from any objection to such application which the Committee state in their report to the High Court has given rise, in whole or in part, to the Committee being of the opinion that such application should be refused.

Report to the High Court

7. The report of the Committee to the High Court made pursuant to Regulation 5 or Regulation 6(a) shall include a note of the minute of the meeting and submissions made; and shall address, insofar as they are applicable and appropriate, the following matters:

(a) the nature of the application and the submissions made before the Committee;

(b) the name of each objector to the application;

(c) the finding made by the Committee on each objection made to the application;

(d) the finding made by the Committee on the application itself: and

(e) any other matters in relation to the application which the Committee may think fit to report.

Service of order of Committee

8. On the making of an order by the Committee pursuant to Regulation 5 or Regulation 6(a), a certified copy of such order shall, as soon as practicable and not later than 21 days thereafter, be furnished by the Committee to the applicant, the Registrar and (if applicable) each person (other than the Registrar) who objected to the granting of the application.

To whom report of Committee is furnished

9. The report of the Committee to the High Court made pursuant to Regulation 5 or Regulation 6(a) shall be dated and signed on behalf of the Committee by the chairperson and shall be furnished by the Committee to the High Court by being addressed to and furnished to the President of the High Court at the Four Courts, Inns Quay, Dublin 7 within 21 days of such dating and signing. A copy of the report shall at the same time be furnished by the Committee to the applicant, the Registrar and (if applicable) each person (other than the Registrar) who objected to the granting of the application.

Where Society bring Committee report before the High Court

10. Where the Committee make an order refusing the application that the name of the solicitor be removed from the Roll, the report of the Committee shall be brought before the High Court by the Society on notice to the applicant, the Registrar and, (if applicable) each person (other than the Registrar) who objected to the granting to the application, as provided for in Order 53 of the Rules of the Superior Courts.

Where application to Committee may be postponed or withdrawn

11. Where an application by a solicitor to have his or her name removed from the Roll is made to the Committee, the Committee may, at any stage of the proceedings in relation to the application and before the completion of any inquiry by the Committee, postpone the taking of any steps or further steps in the matter for a specified period. If it does so, then, if, before the expiration of that period, the applicant applies to the Committee for leave to withdraw the application, the Committee may, if it thinks fit [and whether or not at its discretion it seeks the views of the Registrar, or (if applicable) of any other person interested who has objected to the granting of such application, before making a decision in relation to it], allow the application to be withdrawn; and, if the Committee does so, no further action shall be taken by it in relation to the application.

Conformity of these Regulations with the Solicitors Acts 1954 -2015

12. These Regulations shall at all times be applied so as to be conformity with the Solicitors Act 1954 to 2015. Where a provision of these Regulations is being applied by the Committee or by a party to an application to the Committee, and where there appears to be a conflict between that provision and a provision or provision of the Acts, the provision of the Regulations shall be so construed as to be in conformity with the provision or provisions of the Acts.

Composition of Committee

13. In performing its functions under these Regulations, the Committee shall sit in a division comprising a minimum of three members of the Committee, with a designated chairperson.

Power of Committee to regulate procedures

14. Subject to any express provision of these Regulations, the Committee may regulate the procedure at any inquiry hearing, and, in particular, may determine in what order the parties or their respective solicitors or counsel should be heard.

Amendment by Committee of defective or insufficient document

15. Where it appears to the Committee that any form, affidavit or document furnished under these Regulations is defective or insufficient, the Committee may permit such form, affidavit or document to be amended or supplemented on such terms as to the adjournment of an inquiry hearing or application or otherwise as the Committee thinks fit, or may require the filing by one or other of the parties of a further affidavit or the service of a further document; provided that if such amendment or addition be such as to take any party by surprise or prejudice them in the conduct of their case, the Committee shall grant an adjournment of the inquiry hearing or application on such terms as the Committee thinks fit.

Deviation from forms

16. The forms in the Schedule to these Regulations shall be used as far as practicable, where appropriate and reasonable, but a deviation from such forms shall not, by reason only of such deviation, make invalid any application to the Committee, or any form, affidavit or document in connection therewith.

Mistakes or errors in orders or reports

17. Clerical mistakes in circulated reports of the Committee to the High Court or in circulated orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Committee on the application of any party, on due written notice to the other party or other persons interested, or on the Committee’s own motion, as the case may be.

Legal representation

18. At an inquiry, any party may appear in person or by solicitor or by solicitor and barrister.

Orders for removal from Roll to be sent to Registrar

19. The Committee shall ensure that a copy of every order of the Committee providing for the removal of the name of a solicitor from the Roll on foot of an application shall be furnished to the Registrar, who shall make the consequential amendment to the Roll.

Signed on behalf of the Law Society of Ireland pursuant to section 79 of the Solicitors Act 1954 .

Dated this 4th day of December 2020

JAMES CAHILL

President of the Law Society

SCHEDULE

FORM VR1

FORM OF APPLICATION BY A SOLICITOR FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

[Regulation 2]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

TAKE NOTICE that I [insert name and solicitor number of applicant], a solicitor of [insert applicant’s address as appearing in the Register of Practicing Solicitors or, if none, his or her place of residence] HEREBY APPLY to the Law Society of Ireland to have my name removed from the Roll of Solicitors

AND TAKE NOTICE that I make this application to the Law Society of Ireland for the following reason(s) [set out the reasons for the application] AND I refer to my affidavit sworn the .......day of ..................20......which accompanies this application.

Dated this ............day of ............20.......

Signature of applicant: ..........................................

Address:...................................................................................................................................................................

To: The Regulation of Practice Committee

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

And: The Registrar of Solicitors

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

FORM VR2

FORM OF AFFIDAVIT BY A SOLICITOR TO ACCOMPANY AN APPLICATION FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

[Regulation 2]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

I, [insert name and solicitor number of applicant] of [insert address and present occupation of applicant], aged 18 years and upwards, MAKE OATH and say as follows:

1. I was admitted as a solicitor in ............Term 19......../20.......and last practised as such at [insert applicant’s address as appearing in the Register of Solicitors or, if none his/her place of residence].

2. I say that the reason(s) set out in my application to the Law Society of Ireland dated [insert date of application] to have my name removed from the Roll of Solicitors is/are true and correct.

3. I further say that nothing in subsection (1) of section 49 (as substituted by section 61 of the Solicitors (Amendment) Act, 1994 and as amended by section 2 of the Solicitors (Amendment) Act, 2002 , and section 181 of the Legal Services Regulation Act 2014) of the Solicitors Act, 1954 (relating to when the Law Society of Ireland can direct the Registrar of Solicitors to issue, or to issue subject to conditions, or to refuse to issue, a practising certificate) or in section 51 of the Solicitors Act 1954 (relating to the adjudication in bankruptcy of a solicitor), would apply to me if I was now, or within the immediately preceding period of two years, applying to the Society for a practising certificate.

4. (a) I am not aware of, and do not know of any conduct on my part that would give cause for a complaint of misconduct, within the meaning of section 3 [as amended by section 24 of the Solicitors (Amendment) Act 1994 and as further amended by section 7 of the Solicitors (Amendment) Act 2002 ] of the Solicitors (Amendment) Act 1960 , section 14B [as inserted by section 41 of the Civil Law (Miscellaneous Provisions) Act 2008 ] of the Solicitors (Amendment) Act 1994 , and section 50 of the Legal Services Regulation Act 2015 , to be made against me.

(b) I do not make this application to the Committee for the purpose of evading any adverse application concerning me, (whether to the Solicitors Disciplinary Tribunal, Legal Practitioners Disciplinary Tribunal or to the Law Society of Ireland or to any other statutory body or to a court), or of defeating or delaying any claim against me (whether made to the Solicitors Disciplinary Tribunal, Legal Practitioners Disciplinary Tribunal, Legal Services Regulatory Authority or to the Law Society of Ireland or to any other statutory body or to a court), in my capacity as a solicitor.

(c) I say that clients’ moneys and trust moneys for which I have been and am now accountable have been dealt with in accordance with the Solicitors Accounts Regulations No. 2 of 1984 ( S.I. No. 304 of 1984 ), the Solicitors Accounts Regulations, 2001 ( S.I. No. 421 of 2001 ) and the Solicitors Accounts Regulations, 2014 ( S.I. No. 516 of 2014 ).

SWORN by the said

NAME OF APPLICANT at

ADDRESS

this the DATE

at am/pm

__________________ before me, a Practising Solicitor.

Deponent

*I, __________, hereby

certify that the Deponent is

personally known to me.

Signed: _______________ ________________________________

PRACTISING SOLICITOR / COMMISSIONER FOR OATHS

(NAME)

PRINT NAME OF PRACTISING SOLICITOR / COMMISSIONER FOR OATHS

FORM VR3

NOTICE OF OBJECTION BY THE REGISTRAR OF SOLICITORS OR OTHER PERSON INTERESTED TO THE APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS

[Regulation 2 and Regulation 3(c)]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

TAKE NOTICE that I [name of objector] of [insert address and present occupation of the objector] HEREBY OBJECT to the granting by the Regulation of Practice Committee (“the Committee”) of the application of [insert name of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors.

AND TAKE NOTICE that the ground(s) of any objection is/are as follows [set out the ground of the objection].

[If applicable] AND TAKE FURTHER NOTICE that the following documents are furnished by me to the Committee in support of the aforesaid ground(s) of my objection, namely, [specify the date and description of each document being furnished to the Committee].

Dated this .............day of ..........20......

Signature of Objector.................

To: The Regulation of Practice Committee

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

And to: [insert name and address of the applicant]

[NOTE: If the objector is not the Registrar of Solicitors, a copy of this Notice must be furnished by the objector to the Registrar of Solicitors, Law Society of Ireland, George’s Court, George’s Lane, Dublin 7]

FORM VR4

FORM OF NOTICE OF INQUIRY BY THE REGULATION OF PRACTICE COMMITTEE OF AN APPLICATION BY A SOLICITOR FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

[Regulation 3(c)]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

To: [insert name and address of applicant]

TAKE NOTICE that:

1. An application by you dated the ......day of .............20....... to have your name removed from the Roll of Solicitors was received by the Law Society of Ireland on the ......day of ...............20.....

2. On their consideration of your application and [if applicable: the objection(s) of the Registrar of Solicitor and/or the objection(s) of the following other person(s): [specify the name(s) of the objectors] the Committee, being of opinion that your application should not be granted without an inquiry and without making a report to the High Court, have ordered on the ......day of ......................20.... that an inquiry by the Committee should be held.

3. The Committee, have now designated the ....day of .......20..... at .....o’clock in the .......noon at [specify place of inquiry] for such an inquiry by the Committee.

AND TAKE NOTICE of the following:

(a) that you should appear personally, even where you are represented by a solicitor or by a solicitor and counsel;

(b) [if applicable] that copies of the documents as furnished to the Committee by [name(s) of objector(s)] in pursuance of such objection(s) to your application are furnished to you herewith and you may inspect at the Law Society of Ireland’s offices, by prior arrangement, originals of such documents so furnished and if you require further copies of such documents, they will be furnished to you on request, subject to payment by you of reasonable copying charges;

(c) That if you fail to appear personally, even where you are represented by a solicitor or by a solicitor and barrister, the Committee may proceed with the inquiry in your absence or may adjourn the inquiry on such terms as the Committee think fit and;

(d) That you are requested to acknowledge receipt of this notice without delay.

Dated this .........day of ........................................20...........

Signed:............................................................................................................

Regulation of Practice Committee

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

Copy to: Registrar of Solicitors,

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

FORM VR5

FORM OF DETERMINATION OF THE COMMITTEE IN RESPECT OF THE APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS

[Regulation 5 and 6a]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application by [insert name and solicitor number of applicant],a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

WHEREAS:

(a) The Law Society of Ireland received an application dated the ..........day of .........................20....... from [insert name of applicant] (“the applicant”) of [insert address of applicant] under section 9 of the Solicitors Amendment Act 1960 (as amended) to have his or her name removed from the Roll of Solicitors accompanied by an affidavit of the applicant sworn .......day of .........................................20......

(b) The said application and affidavit of the applicant were considered at a meeting of the Committee held on the .......day of ..........................20......

(c) The Committee, upon such consideration of the application and the affidavit of the applicant and on there being no objection to the application by the Registrar of Solicitors or by any other person interested and having considered that the personal attendance of the applicant before them was not required [or, if applicable: having heard the applicant] on he/she personally attending before them],are of opinion that the application should be granted without an inquiry and without making a report to the High Court.

OR

(c) The Committee, upon such consideration of the application and affidavit of the applicant and [if applicable:the objection(s) of [insert names of objector(s)] and the document(s) furnished to the Committee therewith] and being of opinion that the application should not be granted without an inquiry and without making a report to the High Court, ordered on the ...........day of ....................20.......that an inquiry be held and, following notice to the applicant and to the Registrar of Solicitors and [if applicable: to [insert name(s) of Objector(s)]], a division of the Committee held an inquiry in relation to the application on the .......day of .........................20....... [or, as the case may be: commencing on the .......day of ..........................20................and continuing on the following dates, concluding on the last said date, namely [specify each continuing date]] and the person(s) attending the inquiry were [specify name of applicant and, if applicable, the name of each objector who attended the inquiry] and the appearances at the inquiry were as follows: [specify the name of the solicitor and, if applicable, the Counsel, appearing for the applicant and, if applicable, for any objectors].

NOW the Committee HEREBY ORDERS that the application of the applicant to have his/her name removed from the Roll of Solicitor be GRANTED with effect from the date set out below.

OR

NOW the Committee, having considered the documents and the submissions received by the Committee at the inquiry (details of which documents and the parties who made submissions being set out in the Schedule hereto) HEREBY ORDERS that the application of the applicant to have his/her name removed from the Roll of Solicitors be GRANTED/REFUSED [delete as appropriate].

SCHEDULE [where inquiry is held]

of the documents received at the inquiry and the name(s) of the parties who made submissions at the inquiry

Details of documents received [specify each document received at the inquiry].

Details of parties who made submissions [specify the name of each party who made submissions]

SIGNED on behalf of the Committee this ..........day of ...................................20....... by [insert the name of the chairperson of the division]

...........................................................................

[Signature of the chairperson of the division of the Committee]

FORM VR6

FORM OF REPORT OF THE COMMITTEE TO THE HIGH COURT FOLLOWING UPON AN INQUIRY BY THE COMMITTEE IN RELATION TO AN APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS

[Regulation 5 and 6(a)]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts, 1954 to 2015

The Regulation of Practice Committee (“the Committee”) HEREBY REPORT to the High Court pursuant to section 9 of the Solicitors (Amendment) Act, 1960 as follows:

1. An application by [insert name and solicitor number of applicant] (“the applicant”) dated the ......day of .........................20....... to have his/her name removed from the Roll of Solicitors was received by the Law Society of Ireland on the ......day of ..........................20........, accompanied by (an) affidavit(s) of the applicant sworn on the .......day of .....................20......

2. On their consideration of the application and the accompanying affidavit(s) of the applicant and [if applicable: the objection(s) of [specify the name(s) of the objector(s)]], the Committee, being of opinion that the application should not be granted without an inquiry and without making a report to the High Court, directed on the .......day of .........................20.......that an inquiry should be held.

3. The Committee designated the .......day of .........................20.......at ..........o’clock in the ....................noon at [specify place of inquiry] for the inquiry and gave notice of such date, time and place to the applicant and [if applicable: to each objector, namely: [insert name(s) of objector(s)] and [if applicable: the Committee directed the applicant to give public notice of the application by means of [specify manner of giving public notice, by advertisement or otherwise], which the applicant duly gave.

4. The Committee held an inquiry in relation to the application on the .......day of ..............................20...... [or as the case may be: commencing on the ......day of ...........................20....... and continuing on the following date, concluding on the last said date, namely [specify each continuing date of the Inquiry]]

5. The person(s) attending the inquiry were [specify name of applicant and if applicable the name of each objector who attended the inquiry]

6. The appearances at the inquiry were as follows: [specify the name(s) of the solicitor, counsel, appearing for the applicant and if applicable appearing for any objector(s)]

7. (a) The following is a summary of the matter set out in the application and deposed to in the affidavit(s) furnished to the Committee by or on behalf of the applicant and [if applicable: the documents exhibited thereto] and [if applicable: the correspondence and/or other documents relating to the application furnished to the Committee on behalf of the applicant prior to the commencement of the inquiry]: [set out a summary of the matters presented by the applicant as the basis of his/her application]

(b) [If applicable]The following further matters relating to the application, but not referred to in the application or in the accompanying affidavit(s) of the applicant and [if applicable: the documents exhibited thereto and/or the correspondence and/or other documents] furnished by or on behalf of the applicant to the Committee, were put before the Committee at the inquiry itself [set out a summary of these further matters].

(c) [If applicable] The following further matters relating to the application were put before the Committee prior to or at the inquiry itself by [insert name(s) of objector(s) to the application and set out a summary of those further matters] AND the Committee inquired into these further matters, with/without [delete, as appropriate] objection from the applicant after allowing an adjournment of ......days to enable the application to consider it/them [ or, as the case may be: the Committee, on being of opinion that the applicant would not be prejudiced by the Committee inquiring into them forthwith, inquired into those further matters, with/without [delete, as appropriate]objection from the applicant].

8. The applicant was admitted as a solicitor in the ...............................Term 19....../20......and last practiced as such at [insert applicant’s practice address as appearing in the Register of Practicing Solicitors]; the last practicing certificate held by the applicant being for the practice year ending 31 December 20......

9. The documents and submissions received by the Committee at the inquiry are set out in the minutes of the inquiry accompanying this report and the documents received and the name(s) of the parties who made submissions are set out in the Schedule of this report.

10. Following such inquiry, the Committee were of opinion that the application should be granted and have ordered that the name of the applicant be removed from the Roll of Solicitors and now make their report on the application to the High Court.

OR

Following such inquiry, the Committee were or opinion that the application should be granted/refused [delete, as appropriate] and the Committee have so determined and now make their report on the application to the High Court.

11. [If applicable] The Committee, having refused the application, have requested the Law Society of Ireland to investigate the following matter(s) arising from the objection(s) of [insert name(s) of Objector(s)], which gave rise, in whole or in part, to the Committee being of opinion that the application should be so refused [set out a summary of the matter(s) in question].

SCHEDULE

of the documents received at the inquiry

and the parties who made submissions at the inquiry

Details of documents received: [specify each item of documents received at the inquiry]

Details of parties who made submissions: [specify the name of eachparty who made submissions at the inquiry]

SIGNED on behalf of the Committee this ......day of ......................20...... by [insert the name of the chairperson of the division]

...........................................................................

[Signature of the chairperson of the division of the Committee]