Solicitors (Amendment) Act, 1994

• Permanent Page URL

Direction to grant or refuse practising certificate (section 49 of Principal Act).

61.—The Principal Act is hereby amended by the substitution of the following section for section 49:

“Direction to grant or refuse practising certificate.

49.—(1) This section applies where a solicitor makes application for a practising certificate in any one or more of the following circumstances:

(a) he has, for 12 months or more, ceased to hold a practising certificate in force (exclusive of cases in which the applicant has practised as a solicitor in the full-time service of the State within 12 months before his application);

(b) he has not held a practising certificate in force within 12 months following the date of his admission as a solicitor;

(c) he is a person in respect of whose person or property any of the powers and provisions of the Lunacy Regulation (Ireland) Act, 1871 , or any Act amending or extending that Act, relating to management and administration of property apply;

(d) he has an office or place of business in more than one place at any one time (disregarding, where he has a Dublin agent, the office or place of business of such agent) and having been invited by the Society to satisfy them that he exercises adequate personal supervision over each office or place of business, he has failed to satisfy the Society as aforesaid and has been notified in writing by the Society that he has so failed;

(e) he has been invited by the Society to give an explanation in respect of any matter affecting his conduct (including conduct in another jurisdiction), and he has failed to give the Society an explanation in respect of that matter which the Society regard as sufficient and satisfactory, and has been notified in writing by the Society that he has so failed;

(f) he has had an order of attachment or committal made against him;

(g) he has had a judgment or decree given against him—

(i) which involves the payment of moneys, and

(ii) which is not a judgment or decree in relation to which he is entitled, as respects the whole effect of the judgment or decree upon him, to indemnity or relief from any other person,

and he has not produced to the registrar evidence of the satisfaction of such judgment or decree;

(h) he has been adjudicated a bankrupt;

(i) he has entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors;

(j) he has failed to comply with an order of the High Court;

(k) he has failed to comply with regulations made under section 66 (as substituted by the Solicitors (Amendment) Act, 1994) or 71 (as amended by the Solicitors (Amendment) Act, 1994) of this Act or section 73 of the Solicitors (Amendment) Act, 1994;

(l) he has failed to comply with a determination, requirement or direction of the Society under section 8 , 9 or 10 of the Solicitors (Amendment) Act, 1994;

(m) he has been sentenced to a term of imprisonment;

(n) he has failed to comply with the terms of any regulations in force by virtue of the power vested in the Society by section 26 of the Solicitors (Amendment) Act, 1994;

(o) he has failed to attend a course or courses of further education or training (or both), where his attendance at such course or courses was required in the prescribed manner by the Society;

(p) he has failed to satisfy the Society that he is fit to carry on the practice of a solicitor, having regard to the state of his physical or mental health;

(q) he has failed to satisfy the Society that, having regard to all the circumstances, including the financial state of his practice, he should be issued with a practising certificate or a practising certificate not subject to specified conditions.

(2) (a) Where this section applies, the Society shall as soon as practicable consider the application (including such submissions as may be made by or on behalf of the applicant) and shall thereafter direct the registrar to do any one of the following things:

(i) issue a practising certificate unconditionally;

(ii) issue a practising certificate subject to such specified conditions as the Society think fit, including conditions requiring the solicitor concerned to take any specified steps that the Society consider necessary for his carrying on an efficient practice as a solicitor and notwithstanding that any such specified steps may result in expenditure being incurred by the solicitor concerned; or

(iii) refuse to issue a practising certificate.

(b) If the Society direct the registrar either to refuse to issue a practising certificate or to issue a practising certificate subject to specified conditions, the solicitor concerned shall, as soon as possible, be notified in writing by the Society of the direction and the grounds on which it was given.

(3) A solicitor in relation to whom the Society have directed the registrar under subsection (2) (a) of this section either to refuse to issue a practising certificate or to issue a practising certificate subject to specified conditions may, within 21 days of the receipt by him of the notification in writing of such direction, appeal to the President of the High Court against such direction to refuse or against the specified conditions, or any of them, as the case may be.

(4) Notwithstanding that the solicitor concerned appeals to the President of the High Court under subsection (3) of this section, the direction of the Society to the registrar under subsection (2) (a) of this section shall have effect up to the determination of such appeal, unless the President of the High Court, on application by that solicitor, otherwise orders pending the determination by him of such appeal.

(5) Where an appeal has been brought by a solicitor under subsection (3) of this section and the President of the High Court has made an order under subsection (4) of this section directing the registrar to issue a practising certificate (whether unconditionally or subject to specified conditions) to that solicitor pending the hearing of such appeal, the Society may, on notice to that solicitor, make application to the President of the High Court at any time thereafter, and the President of the High Court (on the hearing of that application) may dismiss such appeal and confirm the direction of the Society to the registrar under subsection (2) (a) of this section, if the President of the High Court is satisfied that the solicitor concerned has delayed unduly in proceeding with such appeal and may for that purpose revoke any order which he has made under subsection (4) of this section.

(6) On hearing an appeal under subsection (3) of this section, the President of the High Court may—

(a) in relation to an appeal against a direction by the Society to the registrar to refuse to issue a practising certificate to the solicitor concerned, by order—

(i) confirm the direction to refuse and revoke any practising certificate already issued pursuant to an order under subsection (4) of this section,

(ii) rescind the direction to refuse and direct that any practising certificate already issued pursuant to an order under subsection (4) of this section or any practising certificate to be issued by the registrar be issued unconditionally, or

(iii) rescind the direction to refuse and direct that any practising certificate already issued pursuant to an order under subsection (4) of this section or any practising certificate to be issued by the registrar be issued subject to such specified conditions as the President of the High Court thinks fit;

(b) in relation to an appeal against a direction by the Society to the registrar to issue a practising certificate subject to specified conditions, by order—

(i) confirm the direction,

(ii) rescind the direction, or

(iii) vary the specified conditions, or any of them.

(7) The registrar shall cause particulars of a direction by the Society under subsection (2) (a) (ii) or (iii) of this section or an order of the President of the High Court under subsection (6) of this section to be entered in the register in relation to the solicitor concerned.”.