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S.I. No. 344/1971 - Solicitors' (Professional Practice, Conduct and Discipline) (Amendment) Regulations, 1971.

S.I. No. 344 of 1971.

SOLICITORS' (PROFESSIONAL PRACTICE, CONDUCT AND DISCIPLINE) (AMENDMENT) REGULATIONS, 1971.

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 hereby make the following regulations:—

1. These regulations may be cited as the Solicitors' (Professional Practice, Conduct and Discipline) (Amendment) Regulations 1971.

2. These regulations shall come into operation on the 16th day of December, 1971.

3. In these regulations the term "the Principal Regulations" means the Solicitors Act, 1954 (Professional Practice, Conduct and Discipline) Regulations 1955 ( S.I. No. 151 of 1955 ).

4. These regulations shall be read together with the Principal Regulations and shall in so far as they are inconsistent therewith alter and amend the same and may be cited as the Solicitors' (Professional Practice, Conduct and Discipline) Regulations 1955-71.

5. Paragraph 5 of the Principal Regulations is hereby revoked and the following paragraph is substituted:

"5. A solicitor shall not obtain or attempt to obtain professional business by directly or indirectly without reasonable justification inviting instructions for such business or doing or permitting to be done without reasonable justification anything which by its manner, frequency or otherwise advertises his practice as a solicitor or doing or permitting to be done anything which may reasonably be regarded as touting and it shall be the duty of a solicitor to make reasonable enquiry before accepting instructions for the purpose of ascertaining whether the acceptance of such instructions would involve a breach of this regulation."

6. Paragraph 8 of the Principal Regulations is hereby revoked and the following paragraph is substituted:

"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 wholetime appointment under a contract which provides that he shall act as solicitor for such client or body exclusively."

Dated this 16th day of December, 1971.

Signed on behalf of the Incorporated Law Society of Ireland.

JAMES W. O'DONOVAN,

President of the Incorporated Law Society of Ireland.

EXPLANATORY NOTE.

The Regulations (1) restate the restrictions on the manner in which solicitors may obtain or attempt to obtain professional business and (2) clarify an ambiguity in paragraph 8 of the principal regulations.