Solicitors (Amendment) Act, 1994
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Intervention in practice of sole practitioner in cases of death, incapacity, bankruptcy, or abandonment (section 61 of Principal Act). |
31.—The Principal Act is hereby amended by the substitution of the following section for section 61: | |
“Intervention in practice of sole practitioner in cases of death, incapacity, bankruptcy, or abandonment. | ||
61.—(1) Where a solicitor who was a sole practitioner has died, his personal representative may appoint another solicitor to carry on his practice for such period and on such terms as the Society may think fit. | ||
(2) Where a solicitor who is a sole practitioner becomes of unsound mind or becomes otherwise incapacitated by illness or accident to such an extent that he is, in the opinion of the Society, incapable (whether permanently or temporarily) of managing his own affairs or the affairs of his practice, the High Court may, on the application of the Society (or, if applicable, on the application of the committee of his estate on notice to the Society), appoint another solicitor to carry on the practice (including the operation by that appointed solicitor, either solely or jointly with another person nominated by the Society and approved of by the Court, of any client account) of that incapacitated solicitor for such period and on such terms as the Court thinks fit, and may require the production and delivery to the appointed solicitor of all documents of such practice in the possession or control or within the procurement of that incapacitated solicitor or any clerk or servant or former clerk or servant of that incapacitated solicitor. | ||
(3) Where a solicitor who is a sole practitioner is adjudicated a bankrupt, then, as the case may be— | ||
(a) the court by whom he is adjudicated a bankrupt, after due notice to the Society, or | ||
(b) the High Court, on the application of the Society or of the Official Assignee, | ||
may appoint another solicitor to carry on the practice of that solicitor for such period and on such terms as that court or the High Court thinks fit. | ||
(4) Where, in relation to a solicitor who is a sole practitioner, any of the circumstances of paragraph (b) of section 19(1) (as substituted by the Solicitors (Amendment) Act, 1994) of the Act of 1960 apply, the High Court may, on the application of the Society, appoint another solicitor to carry on the practice (including the operation by that appointed solicitor, either solely or jointly with another person nominated by the Society and approved of by the Court, of any client account) of the solicitor for such period and on such terms as the Court thinks fit, and may require the production and delivery to the appointed solicitor of all documents of such practice in the possession or control or within the procurement of that solicitor or any clerk or servant or former clerk or servant of that solicitor. | ||
(5) Any reference to a ‘personal representative’ in this section or in section 32 or 34 of the Solicitors (Amendment) Act, 1994, shall be construed as a reference to any person or persons entitled to apply for a grant of probate or for letters of administration in relation to the estate of a deceased solicitor.”. |