S.I. No. 99/1990 - Solicitors (Practice, Conduct and Discipline) Regulations 1990.


S.I. No. 99 of 1990.

SOLICITORS (PRACTICE, CONDUCT AND DISCIPLINE) REGULATIONS 1990.

The Incorporated 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) hereby makes the following regulations:

1. (1) These regulations may be cited as the Solicitors (Professional Practice, Conduct and Discipline) Regulations 1990.

(2) These regulations shall come into force on the 1st day of June 1990.

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 ;

"Court" means any court established and for the time being maintained by law pursuant to Article 34 of the Constitution;

"the Disciplinary Committee" means the Disciplinary Committee appointed pursuant to Section 6 of the Act of 1960;

"full age" shall be construed in accordance with the Age of Majority Act 1985 or any amendment or modification thereof;

"personal injuries claim" means a claim by a person arising from an act, omission or default of another or others which causes personal injuries to that person.

"solicitor" means a solicitor qualified to practice pursuant to Section 54 of the Act of 1954; and includes a firm of solicitors and any partnership or association of solicitors;

3. A solicitor instructed to make a personal injuries claim on behalf of a person who is not of full age shall not settle that person's claim without first issuing proceedings in the appropriate court and having the terms of such settlement approved by that court.

4. The failure of a solicitor to comply with Regulations 3 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 6th day of April, 1990.

ERNEST J. MARGETSON,

President of the Incorporated Law Society of Ireland.