S.I. No. 701/2004 - Rules of the Superior Courts (Solicitors (Amendment) Act 2002), 2004

STATUTORY INSTRUMENTS

S.I. No. 701 of 2004

Rules of the Superior Courts (Solicitors (Amendment) Act 2002), 2004

S.I. No. 701 of 2004

THE RULES OF THE SUPERIOR COURTS (SOLICITORS (AMENDMENT) ACT 2002), 2004

We, the Superior Court Rules Committee, constituted pursuant to the provisions of the Courts of Justice Act, 1936 , section 67, and reconstituted pursuant to the provisions of the Courts of Justice Act, 1924 , section 36, and the Courts of Justice Act, 1936 , section 68 (as applied by the Courts (Supplemental Provisions) Act 1961 , section 48), and the Courts (Supplemental Provisions) Act, 1961 , section 14, and of all other powers enabling us in this behalf, do hereby make the following Rules of Court.

Dated this 15th day of July, 2004
Ronan Keane	Tony Hunt
Joseph Finnegan	Noel Rubotham
Adrian Hardiman	Matthew Feely
Brian McCracken	_____________________________________
Richard Johnson	_____________________________________
Michael Cush	_____________________________________
Patrick Groarke	_____________________________________
Patrick O’Connor	_____________________________________

I concur in the making of the following Rules of Court.
Dated this 25th day of August, 2004
Michael McDowell Minister for Justice, Equality & Law Reform

S.I. No. 701 of 2004

THE RULES OF THE SUPERIOR COURTS (SOLICITORS ACTS 1954 TO 2002), 2004

1. The following shall be substituted for Order 53 (as amended by S.I. No. 238 of 1993 and S.I. No. 14 of 1998 ) of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ):

“

ORDER 53 — SOLICITORS

I Definitions

1. (a) In this Order:

“Principal Act” means the Solicitors Act, 1954 [ No 36 of 1954 ];

“Act of 1960” means the Solicitors (Amendment) Act, 1960 [ No 37 of 1960 ];

“Act of 1994” means the Solicitors (Amendment) Act, 1994 [ No 27 of 1994 ];

“Act of 2002” means the Solicitors (Amendment) Act, 2002 [ No 19 of 2002 ];

“Acts” means the Solicitors Acts, 1954 to 2002;

“Court” means the High Court;

“Disciplinary Tribunal” means the Solicitors Disciplinary Tribunal established by section 6 (as substituted by section 16 of the Act of 1994 and as amended by section 8 of the Act of 2002) of the Act of 1960:

“President” means the President of the High Court, provided that a reference to the President shall, where the function or power in question stands delegated under section 6 (as amended by section 5 of and the First Schedule to the Act of 1960 and as varied by section 25 of the Act of 1960) of the Principal Act, or under section 13 of the Act of 1960, to an ordinary judge of the High Court, be construed as a reference to such judge;

“Registrar of Solicitors” means the registrar of solicitors or his or her deputy appointed under section 8 of the Principal Act;

“respondent solicitor” means a solicitor who is the subject matter of a report to the Court by the Disciplinary Tribunal pursuant to section 7 (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960 or who has appealed to the Court under the said section 7 (as so substituted and amended) of the Act of 1960 or in respect of whom there is an appeal or application by the Society or any other person entitled under the said section 7 (as so substituted and amended) of the Act of 1960;

“respondent trainee solicitor” means a trainee solicitor who is the subject matter of a report to the Court by the Disciplinary Tribunal pursuant to section 19 of the Act of 2002 or who has appealed to the Court under the said section 19 of the Act of 2002 or in respect of whom there is an appeal or application by the Society under the said section 19 of the Act of 2002:

“Roll” means the roll of solicitors maintained by the Registrar of Solicitors under section 9 (as substituted by section 65 of the Act of 1994) of the Principal Act:

“the Society” means the Law Society of Ireland;

“solicitor concerned” means a solicitor who is the subject matter of an appeal or application to the Court pursuant to the Acts, other than a respondent solicitor;

“trainee solicitor” means a person seeking to be admitted as a solicitor who by indentures of apprenticeship with a training solicitor is provided with training pursuant to such indentures and who is referred to in the Acts as an apprentice, who is the subject matter of an appeal or application to the Court pursuant to the Acts, other than a respondent trainee solicitor;

“training solicitor” means a practising solicitor to whom a respondent trainee solicitor or a trainee solicitor is or has been bound by indentures of apprenticeship;

“Tribunal Registrar” means the person appointed by the Disciplinary Tribunal from time to time to act as registrar to the Disciplinary Tribunal, or the person nominated by such person to act as his or her deputy in his or her temporary absence.

(b) Other words and phrases in this Order shall, where applicable, have the meanings assigned to them in the Acts.

2. (a) Service of any document upon the Society under this Order may be effected by serving it on the Registrar of Solicitors or by sending it by prepaid registered post addressed to: “The Registrar of Solicitors, Law Society of Ireland, Blackhall Place, Dublin 7”.

(b) Service of any document upon any other person under this Order may be effected in the manner provided in section 30 of the Act of 1960.

3. An attested copy of every order made by the Court under the Acts shall (as soon as practicable after receipt thereof by the Society) be provided by the Society to the Registrar of Solicitors and, insofar as any such order relates to the functions of the Disciplinary Tribunal under the Acts, shall also be provided by the Society to the Tribunal Registrar.

II Application for admission as a solicitor

4. Every person desiring to apply to be admitted by the President, and to be enrolled, as a solicitor may do so by duly applying to the Registrar of Solicitors to that effect and paying the prescribed fees.

5. If the applicant has complied with the requirements of the Acts concerning admission and the regulations made thereunder by the Society, the Registrar of Solicitors shall cause a certificate of admission, with the applicant’s name inserted therein, to be lodged in the Central Office and thereupon the President shall, unless cause to the contrary is shown, admit the applicant as a solicitor by signing the certificate of admission which shall then, as soon as practicable, be returned by the proper officer of the Central Office to the Registrar of Solicitors. The certificate of admission shall be in the Form No 1 in Appendix H.

6. Upon receipt of the certificate of admission signed by the President, the Registrar of Solicitors shall enter the name of the applicant on the Roll and shall so acknowledge that fact by signing the certificate of admission and inserting therein the date of enrolment and shall thereupon notify the applicant of that fact.

III Report of the Disciplinary Tribunal under section 7 (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960

7. Every report of the Disciplinary Tribunal under section 7(3)(c) (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960 shall be delivered by the Tribunal Registrar to the Central Office by post or by hand addressed to the President within 21 days of the making of such report. A copy of the report shall at the same time be furnished to the Society, to the respondent solicitor and (if applicable) to any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal.

8. Where the Disciplinary Tribunal have made a finding or findings that there has been misconduct on the part of a respondent solicitor and the Disciplinary Tribunal have not made, and do not intend to make, an order under section 7(9) (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960, the report of the Disciplinary Tribunal as provided for under section 7(3)(c)(iv) (as so substituted and amended) of the Act of 1960 shall (whether or not the respondent solicitor is appealing to the Court against such finding or findings of misconduct on his or her part) be formally brought before the President by the Society by being filed in the Central Office (as soon as practicable after the Society have been furnished with a copy of same by the Tribunal Registrar) together with a notice of motion (returnable to a date to be assigned by the proper officer in the Central Office) seeking such order under section 8 (as substituted by section 18 of the Act of 1994 and as amended by section 10 of the Act of 2002) of the Act of 1960 as may be deemed by the Society to be appropriate and reasonable having regard to the opinion of the Disciplinary Tribunal as to the fitness or otherwise of the respondent solicitor to be a member of the solicitors’ profession and having regard to such finding or findings and the recommendations of the Disciplinary Tribunal as to the sanction which in their opinion should be imposed. The motion shall be supported by an affidavit or affidavits sworn by a person or persons for and on behalf of and with the authority of the Society averring to the relevant facts or alleged facts and exhibiting true copies of all documents delivered to and produced before the Disciplinary Tribunal including but not necessarily limited to true copies of such documents as may be listed as having been so produced in the report of the Disciplinary Tribunal. The motion shall be served on the respondent solicitor and (if applicable) on any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal.

9. (a) (i) Where the respondent solicitor is appealing to the Court against such finding or findings of misconduct on his or her part, the President shall not thereupon enter upon a hearing of the motion of the Society but shall first direct that the appeal shall proceed as a full rehearing of the evidence laid before the Disciplinary Tribunal, unless a less than full rehearing is contended for by the respondent solicitor and concurred in by the Society and (if applicable) concurred in by any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal and unless agreed to by the President.

(ii) Where an appeal before the President proceeds as provided for in sub-paragraph (i) of this paragraph of this rule, the President shall thereafter proceed to deal with the motion of the Society having regard to the outcome of such appeal.

(b) Upon the hearing of the motion of the Society or the hearing of the appeal of the respondent solicitor, as the case may be, the President may require that any notice, affidavit, or other document not then before the Court that was delivered to and produced in evidence before the Disciplinary Tribunal or a transcript or other record of any oral evidence given before the Disciplinary Tribunal be made available by the Society or by the Disciplinary Tribunal to the Court in such manner as the President may direct.

(c) Subject as provided in paragraph (a)(i) of this rule, the President may remit the matter to the Disciplinary Tribunal to take further evidence for submission to the Court and to make a supplementary report thereon to the Court.

(d) The President may, following the hearing of an appeal by the respondent solicitor or the motion of the Society, as the case may be, and subject to the provisions of the Acts, give any decision or make any order as the President thinks fit.

(e) An attested copy of every order made by the President under this rule shall be served by or on behalf of the Society on the respondent solicitor and (if applicable) on any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal.

IV Report of the Disciplinary Tribunal under section 19 of the Act of 2002

10. Where the Disciplinary Tribunal have made a finding or findings that there has been misconduct on the part of a respondent trainee solicitor, their report under section 19(3)(d) of the Act of 2002 shall (whether or not the respondent trainee solicitor is appealing to the Court against such finding or findings of misconduct on his or her part) be formally brought before the President by the Society by being filed in the Central Office (as soon as practicable after the Society have been furnished with a copy of same by the Tribunal Registrar) together with a notice of motion (returnable to a date to be assigned by the proper officer in the Central Office) seeking such order under section 19 of the Act of 2002 as may be deemed by the Society to be appropriate and reasonable having regard to the opinion of the Disciplinary Tribunal as to the fitness or otherwise of the respondent trainee solicitor to be admitted as a solicitor and the recommendations of the Disciplinary Tribunal as to the sanction which in their opinion should be imposed. The motion shall be supported by an affidavit or affidavits sworn by a person or persons for and on behalf of and with the authority of the Society averring to the relevant facts or alleged facts and exhibiting true copies of all documents delivered to and produced before the Disciplinary Tribunal including but not necessarily limited to true copies of such documents as may be listed as having been so produced in the report of the Disciplinary Tribunal. The motion shall be served on the respondent trainee solicitor and on the training solicitor concerned.

11. (a) (i) Where the respondent trainee solicitor is appealing to the Court against such finding or findings of misconduct on his or her part, the President shall not thereupon enter upon a hearing of the motion of the Society but shall first direct that the appeal shall proceed as a full rehearing of the evidence laid before the Disciplinary Tribunal, unless a less than full rehearing is contended for by the respondent trainee solicitor and concurred in by the Society and unless agreed to by the President.

(b) Upon the hearing of the motion of the Society or the hearing of the appeal of the respondent trainee solicitor, as the case may be, the President may require that any notice, affidavit, or other document not then before the Court that was delivered to and produced in evidence before the Disciplinary Tribunal or a transcript or other record of any oral evidence given before the Disciplinary Tribunal be made available by the Society or by the Disciplinary Tribunal to the Court in such manner as the President may direct.

(d) The President may, following the hearing of an appeal by the respondent trainee solicitor or the motion of the Society, as the case may be, and subject to the provisions of the Acts, give any decision or make any order as the President thinks fit.

(e) An attested copy of every order made by the President under this rule shall be served by or on behalf of the Society on the respondent trainee solicitor and on the training solicitor concerned.

V Appeals to the High Court under section 7 (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960

12. (a) Every appeal to the Court against a finding of the Disciplinary Tribunal, either that there was no prima facie case for inquiry into the conduct of a respondent solicitor or that there was no misconduct on the part of a respondent solicitor in relation to an allegation of misconduct, brought by the Society or by any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal under section 7 (12A)(a) or (b) (as substituted by section 17 of the Act of 1994 and as inserted by section 9(g) of the Act of 2002) of the Act of 1960, shall be brought within the period of 21 days of the receipt by the appellant of written notification from the Tribunal Registrar of such finding and shall be by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office and shall be entitled in the matter of the respondent solicitor and in the matter of the Acts, and:

(i) shall be supported by an affidavit or affidavits sworn by or on behalf of the appellant averring to the relevant facts or alleged facts and exhibiting true copies of all documents produced before the Disciplinary Tribunal by or on behalf of the appellant;

(ii) shall be served (together with copies of the supporting affidavit or affidavits and exhibits thereto) on the Society (where the Society is not the appellant) and on the respondent solicitor and on the Tribunal Registrar;

(iii) may be responded to by an affidavit or affidavits sworn by or on behalf of the respondent solicitor;

(iv) shall (if applicable) be responded to by affidavit of the Tribunal Registrar on behalf of the Disciplinary Tribunal limited to exhibiting true copies of any documents not exhibited by the appellant that were delivered to and produced before the Disciplinary Tribunal when it was making such a finding and true copies of any documents recording such a finding by the Disciplinary Tribunal;

(v) shall be read by the President in chambers, in the first instance, and then shall be listed by the President for a hearing in open court when submissions may be made by or on behalf of the appellant and responded to by or on behalf of the respondent solicitor; and

(vi) such appeal shall then be decided by the President, who may -

(I) confirm the finding concerned, or

(II) where the appeal is under section 7(12A)(a) (as so substituted and inserted) of the Act of 1960, make a finding that there is a prima facie case in relation to the allegation of misconduct concerned or, as the case may be, one or more than one of such allegations and require the Disciplinary Tribunal to proceed to hold an inquiry in relation to such allegation or allegations, or

(III) where the appeal is under section 7(12A)(b) (as so substituted and inserted) of the Act of 1960, rescind or vary any finding of the Disciplinary Tribunal that there has been no misconduct on the part of the respondent solicitor in relation to the allegation of misconduct and, in relation to the respondent solicitor, by order do one or more of the things specified in section 8(1)(a) (as substituted by section 18 of the Act of 1994 and as amended by section 10 of the Act of 2002) of the Act of 1960.

(b) Every appeal to the Court other than an appeal referred to in paragraph (a) of this rule from a finding or order of the Disciplinary Tribunal, whether the appeal is by the respondent solicitor or by the Society or (if applicable) by any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal (or any one or more of them), as the case may be, brought under section 7 (as substituted by section 17 of the Act of 1994 and as amended by section 9 of the Act of 2002) of the Act of 1960 shall be brought by the appellant within the period of 21 days beginning on the date of the service by the Tribunal Registrar on the appellant of a copy of the order or of the report, whichever date is the later, and shall be by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office and shall be entitled in the matter of the respondent solicitor and in the matter of the Acts.

(c) The notice of motion shall state the order or finding or (if more than one) each order or finding of the Disciplinary Tribunal in respect of which the appeal is brought, the grounds of the appeal and the order sought by the appellant on such appeal.

(d) The motion shall be supported by an affidavit or affidavits sworn by or on behalf of the appellant averring to the relevant facts or alleged facts and exhibiting true copies of all documents delivered to and produced before the Disciplinary Tribunal including but not necessarily limited to true copies of such documents as may be listed as having been so produced in the report of the Disciplinary Tribunal.

(e) The notice of motion shall be served by or on behalf of the appellant on the Registrar of Solicitors or on the respondent solicitor or (if applicable) on any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal, as the case may be.

(f) The appeal shall be entered by or on behalf of the appellant by filing a copy of the notice of motion (with the date or respective dates of service thereof endorsed), together with any affidavit or affidavits intended to be used in support thereof, in the Central Office, at the latest within three days after the date of service thereof on the Registrar of Solicitors or on the respondent solicitor or (if applicable) on any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal, as the case may be, provided that, where service is required to be effected on more than one such person, the appeal shall be so entered within three days after the latest date of such service.

(g) The President shall have power, upon the hearing of any such appeal, to add other parties to the motion before the Court, where it appears just so to do.

(h) (i) Where the respondent solicitor is appealing to the Court against a finding or findings of misconduct on his or her part, the President shall direct that the appeal shall proceed as a full rehearing of the evidence laid before the Disciplinary Tribunal, unless a less than full rehearing is contended for by the respondent solicitor and concurred in by the Society and (if applicable) concurred in by any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal and unless agreed to by the President.

(ii) Upon the hearing of the appeal of the respondent solicitor, the President may require that any notice, affidavit, or other document not then before the Court that was delivered to and produced in evidence before the Disciplinary Tribunal or a transcript or other record of any oral evidence given before the Disciplinary Tribunal be made available by the Society or by the Disciplinary Tribunal to the Court in such manner as the President may direct.

(iii) Subject as provided in sub-paragraph (i) of this paragraph of this rule, the President may remit the matter to the Disciplinary Tribunal to take further evidence for submission to the Court and to make a supplementary report thereon to the Court.

(i) The President may, following the hearing of such appeal and subject to the provisions of the Acts, give any decision or make any order as the President thinks fit.

(j) An attested copy of every order made by the President under this rule shall be served by or on behalf of the Society on the respondent solicitor and (if applicable) on any person other than the Society who made the application in relation to the respondent solicitor to the Disciplinary Tribunal.

VI Appeals to the High Court under section 19 of the Act of 2002

13. (a) Every appeal to the Court by a respondent trainee solicitor or by the Society from a finding of the Disciplinary Tribunal under section 19(4)(a) or (b) of the Act of 2002 shall be brought by the appellant within the period of 21 days of the receipt by the appellant of written notification from the Tribunal Registrar of such finding and shall be by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office and shall be entitled in the matter of the respondent trainee solicitor and in the matter of the Acts.

(b) The notice of motion shall state the finding or (if more than one) each finding of the Disciplinary Tribunal in respect of which the appeal is brought, the grounds of the appeal and the order sought by the appellant on such appeal.

(c) The motion shall be supported by an affidavit or affidavits sworn by or on behalf of the appellant averring to the relevant facts or alleged facts and exhibiting true copies of all documents delivered to and produced before the Disciplinary Tribunal including but not necessarily limited to true copies of such documents as may be listed as having been so produced in the report of the Disciplinary Tribunal.

(d) The notice of motion shall be served by or on behalf of the appellant on the Registrar of Solicitors or on the respondent trainee solicitor, as the case may be, and on the training solicitor concerned.

(e) The appeal shall be entered by or on behalf of the appellant by filing a copy of the notice of motion (with the date or respective dates of service thereof endorsed), together with any affidavit or affidavits intended to be used in support thereof, in the Central Office, at the latest within three days after the date of service thereof on the Registrar of Solicitors or on the respondent trainee solicitor, as the case may be, and on the training solicitor concerned, provided that, where service is required to be effected on more than one such person, the appeal shall be so entered within three days after the latest date of such service.

(f) The President shall have power, upon the hearing of any such appeal, to add other parties to the motion before the Court where it appears just so to do.

(g) (i) Where the respondent trainee solicitor is appealing to the Court against a finding or findings of misconduct on his or her part, the President shall direct that such appeal shall proceed as a full rehearing of the evidence laid before the Disciplinary Tribunal, unless a less than full rehearing is contended for by the respondent trainee solicitor and concurred in by the Society and unless agreed to by the President.

(ii) Upon the hearing of the appeal of the respondent trainee solicitor, the President may require that any notice, affidavit, or other document not then before the Court that was delivered to and produced in evidence before the Disciplinary Tribunal or a transcript or other record of any oral evidence given before the Disciplinary Tribunal be made available by the Society or the Disciplinary Tribunal to the Court in such manner as the President may direct.

(h) The President may, following the hearing of such appeal and subject to the provisions of the Acts, give any decision or make any order as the President thinks fit.

(i) An attested copy of every order made by the President under this rule shall be served by or on behalf of the Society on the respondent trainee solicitor and on the training solicitor concerned.

VII Applications under section 20 (as substituted by section 28 of the Act of 1994) of the Act of 1960

14. (a) Every application by the Society to the Court under section 20 (as substituted by section 28 of the Act of 1994) of the Act of 1960 shall be heard by the President and shall be brought by motion supported by an affidavit or affidavits (as hereinafter in this rule provided).

(b) The application may be made ex parte in the first instance, or may be made by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office, grounded on an affidavit (or affidavits) of the Registrar of Solicitors or other officer of the Society duly authorised, entitled in the matter of the solicitor concerned to whose bank account or accounts or to the bank account or accounts of whose firm the application relates and in the matter of the Acts.

(c) Any order of the Court directing that no bank shall, without leave of the Court, make any payment out of a bank account in the name of the solicitor concerned or of his or her firm shall be served on the bank or banks concerned in such manner (if any) as shall be specified in the order.

(d) Any order of the Court directing that a specified bank shall not, without leave of the Court, make any payment out of a bank account in the name of the solicitor concerned or of his or her firm shall be served on such specified bank concerned in such manner (if any) as shall be specified in the order.

(e) Any order made as aforesaid shall be served upon the solicitor concerned or the firm of such solicitor the bank account or accounts of whom or of which is or are affected thereby within such time as may be specified in the order or within such extended time as may be fixed by any subsequent order unless the President shall dispense with such service.

(f) The solicitor concerned or his or her firm whose bank account or accounts is or are affected by any such order as aforesaid or any bank on which any such order has been served may at any time apply by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office to discharge, set aside or vary such order, which motion shall be served on the Registrar of Solicitors, and the President may, on the hearing of such motion, discharge, set aside or vary such order upon such terms as the President thinks fit or may dismiss such application.

(g) An application by or on behalf of the solicitor concerned or his or her firm for leave to make any payment out of a bank account affected by any such order as aforesaid may be made at any time by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office, which motion shall be served on the Registrar of Solicitors, and the President may, on the hearing of such motion, grant or refuse such leave as the President thinks fit.

(h) The Society or any other interested party may at any time apply by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office, to discharge, set aside or vary any such order as aforesaid in this rule, which motion shall be served on the solicitor concerned and on any other person affected thereby (unless the President shall dispense with such notice), and the President may, on the hearing of such motion, grant or refuse such application as the President thinks fit.

VIII Applications under section 18 of the Act of 2002

15. (a) Every application by the Society to the Court under section 18 of the Act of 2002 to prohibit a solicitor or other person from contravening a provision of the Acts or regulations made thereunder shall be heard by the President and shall be brought by motion supported by an affidavit or affidavits (as hereinafter in this rule provided).

(b) The application may be made ex parte in the first instance, or may be made by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office, grounded on an affidavit or affidavits of the Registrar of Solicitors or other officer of the Society duly authorised, entitled in the matter of the solicitor concerned or other person concerned, as the case may be.

(c) The President may, following the hearing of such application and subject to the provisions of the Acts, give any decision or make any order as the President thinks fit.

(d) Any order of the Court prohibiting the solicitor concerned or other person concerned, as the case may be, from contravening a provision of the Acts or regulations made thereunder shall be served on the solicitor concerned or other person concerned, and (if applicable) on any other person affected thereby, in such manner (if any) as shall be specified in the order.

(e) The solicitor concerned or other person concerned who is affected by any such order may at any time apply by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office to discharge, set aside or vary such order, which motion shall be served on the Society, and the President may, on the hearing of such motion, discharge, set aside or vary such order upon such terms as the President thinks fit or may dismiss such application.

(f) The Society may at any time apply by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office, to discharge, set aside or vary any such order as aforesaid in this rule, which motion shall be served on the solicitor concerned or other person concerned and (if applicable) on any other person affected thereby (unless the President shall dispense with such notice) and the President may, on the hearing of such motion, grant or refuse such application as the President thinks fit.

IX Appeals or applications to the High Court under other provisions of the Acts

16. (a) This rule, insofar as is appropriate and reasonable in the particular circumstances, shall apply to any appeal or application to the Court made by the Society or by the solicitor concerned or by the trainee solicitor concerned or by the training solicitor concerned or by any other person entitled and having legal standing under the Acts to do so, as the case may be, under the following provisions of the Acts and regulations thereunder:

Under the Principal Act (as amended)

(i) section 24(2)(b) (as substituted by section 40 of the Act of 1994) of the Principal Act [Requirements for admission as solicitor];

(ii) section 27(4) (as substituted by section 43 of the Act of 1994) of the Principal Act [Evidence of education, employment and character];

(iii) section 33(3) (as substituted by section 46 of the Act of 1994) of the Principal Act [General power to discharge indentures];

(iv) section 45 of the Principal Act [Appeals under Part IV];

(v) section 47(6) (as substituted by section 54 of the Act of 1994) of the Principal Act [Application for practising certificate];

(vi) section 48(3) (as amended by section 55 of the Act of 1994) of the Principal Act [Date and period of validity of practising certificate];

(vii) section 49(3) (as substituted by section 61 of the Act of 1994 and amended by section 2 of the Act of 2002) of the Principal Act [Direction to grant or refuse practising certificate];

(viii) section 51(2) of the Principal Act [Termination of suspension of practising certificate];

(ix) section 60(3) and (4) (as substituted by section 20 of the Act of 1994) of the Principal Act [Restriction on employment of person struck off roll or suspended];

(x) section 63(2) (as substituted by section 21 of the Act of 1994) of the Principal Act [Disclosure of having been struck off roll, etc];

(xi) section 61(2), (3) and (4) (as substituted by section 31 of the Act of 1994) of the Principal Act [Intervention in practice of sole practitioner in cases of death, incapacity, bankruptcy or abandonment];

(xii) section 66(12) (as substituted by section 76 of the Act of 1994 and as amended by section 3 of the Act of 2002) of the Principal Act [Regulations for accounts];

Under the Act of 1960 (as amended)

(xiii) section 9(2)(b) of the Act of 1960 [Removal at his or her own request of name of solicitor from the roll];

(xiv) section 10(2) (as amended by section 19 of the Act of 1994) of the Act of 1960 [Restoration of name of solicitor to the roll];

(xv) section 15(1E) (as substituted by section 25 of the Act of 1994 and as amended by section 11 of the Act of 2002) of the Act of 1960 [Powers of Disciplinary Tribunal as to taking evidence, etc]:

(xvi) section 19(2)(b) and (4) (as substituted by section 27 of the Act of 1994) of the Act of 1960 [Power of Society to deal with documents of certain solicitors];

(xvii) section 20(1) (as substituted by section 28 of the Act of 1994) of the Act of 1960 [Control of banking accounts of solicitors];

(xviii) section 30 of the Act of 1960 [Service of documents];

Under the Act of 1994 (as amended)

(xix) section 10A (as inserted by section 13 of the Act of 2002) of the Act of 1994 [Production of documents];

(xx) section 11(1), (3) and (4) of the Act of 1994 [Appeals to the High Court against determinations, directions or requirements of the Society];

(xxi) section 14(3) (as amended by section 15 of the Act of 2002) of the Act of 1994 [Power to inspect documents];

(xxii) section 15(10) of the Act of 1994 [Investigation of complaints];

(xxiii) section 32(3), (4), (6) and (8) of the Act of 1994 [Intervention in practice of solicitor who has died];

(xxiv) section 33(1), (2), (5) and (6) of the Act of 1994 [Sale of solicitor’s practice in certain circumstances];

(xxv) section 34(3) of the Act of 1994 [Ancillary provisions in relation to certain applications or orders];

(xxvi) section 35 of the Act of 1994 [Notice of court applications to be given to Society];

(xxvii) section 37(4) of the Act of 1994 [Restriction following admission as solicitor on practising as a sole practitioner];

(xxviii) section 58(1) of the Act of 1994 [Suspension of practising certificates];

(xxix) section 59(4) of the Act of 1994 [Imposition of conditions while practising certificates are in force];

Under the Solicitors Accounts Regulations, 2001

(xxx) regulation 28(3) of the Solicitors Accounts Regulations, 2001 ( S.I. No 421 of 2001 ) [Investigation by authorised person].

(b) Every appeal or application to the High Court under the provisions of the Acts and regulations set forth in paragraph (a) of this rule by the Society or by the solicitor concerned or by the trainee solicitor concerned or by the training solicitor concerned or by any other person entitled and having legal standing under the Acts to do so, as the case may be, shall be brought by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office and shall be entitled in the matter of the solicitor concerned or the trainee solicitor concerned or the training solicitor concerned or any other person concerned, as the case may be, and in the matter of the Acts.

(c) The notice of motion shall state the grounds of the appeal or application and the order sought by the appellant or applicant on such appeal or application.

(d) The notice of motion shall be served by or on behalf of the appellant or applicant on the Registrar of Solicitors or on the solicitor concerned or on the trainee solicitor concerned or on the training solicitor concerned or on any other person concerned, as the case may be, within the time prescribed by the applicable provision or provisions of the Acts or, if no time is so prescribed, within a period of 21 days beginning on the date when the particular circumstances giving rise to the appeal or application came or should, with reasonable care in his or her own interest, have come to the notice of the appellant or applicant.

(e) The appeal or application shall be entered by or on behalf of the appellant or applicant by filing a copy of the notice of motion (with the date or respective dates of service thereof endorsed). together with any affidavit or affidavits intended to be used in support thereof, in the Central Office, at the latest within three days after the date of service thereof on the Registrar of Solicitors or on the solicitor concerned or on the trainee solicitor concerned or on the training solicitor concerned or on any other person concerned, as the case may be, provided that, where service is required to be effected on more than one such person, the appeal or application shall be entered within three days after the latest date of such service.

(f) The President shall have power, upon the hearing of any such appeal or application, to add other parties to the motion before the Court where it appears just so to do.

(g) The evidence upon the hearing of any such appeal or application shall be by affidavit, except insofar as the President may direct oral evidence to be given.

(h) The President may, following the hearing of such appeal or application and subject to the provisions of the Acts, give any decision or make any order as the President thinks fit.

(i) An attested copy of every order made by the President under this rule shall be served by or on behalf of the appellant or applicant on the Registrar of Solicitors or on the solicitor concerned or on the trainee solicitor concerned or on the training solicitor concerned or on any other person concerned, as the case may be.

X Applications relating to clients’ property

17. Where the relationship of solicitor and client exists, or has existed, an application to the Court may be brought by or on behalf of the client or former client, by notice of motion returnable to the President on a date to be assigned by the proper officer in the Central Office, with the solicitor or solicitors concerned named as respondent or respondents, and supported by an affidavit or affidavits sworn by or on behalf of the applicant, for the delivery to the applicant of a cash account, or the payment of moneys or the delivery of securities to the applicant, and the President may from time to time order the respondent or respondents (or any of them) to deliver to the applicant a list of the moneys or securities which he or she or they has or have in his or her or their custody or control on behalf of the applicant, or to bring into Court the whole or any part of same within such time as the Court may order. In the event of the respondent or respondents (or any of them) alleging that he himself or she herself or they themselves has or have a claim for costs, the President may make a provision for the payment or security thereof or the protection of the lien (if any) of the respondent or respondents (or any of them) as the President thinks fit. ”

2. This Rule shall come into operation on the 25th day of September 2004.

3. This Rule shall be construed together with the Rules of the Superior Courts 1986 to 2004 and may be cited as the Rules of the Superior Courts (Solicitors Acts 1954 to 2002) 2004.

APPENDIX H

SOLICITORS

No 1

CERTIFICATE OF ADMISSION

....................................... Sittings 20.........

Forasmuch as, upon examination and enquiry touching the fitness and capacity of
[FULL	NAME],	of
in the City/County of	, to act as a Solicitor, I am satisfied that the
said [FULL NAME] is duly qualified so to act.

I do, by this writing under my hand, admit the said [FULL NAME] to be a Solicitor of the Courts and I direct that his/her name be entered on the Roll of Solicitors.

Signed: ................................
		Uachtarán na hArd-
Chúirte
		President of the High Court
	Enrolled the	day of
20
Signed: ................................
		Cláraitheoir na
nAturnaethe
		Registrar of Solicitors

EXPLANATORY NOTE

(This note does not form part of the instrument and does not purport to be a legal interpretation)

These Rules amend Order 53 of the Rules of the Superior Courts ( S.I. No. 15 of 1986 ) by the substitution of a new Order. These Rules prescribes procedures relating to the admission of solicitors, etc.