Solicitors (Amendment) Act, 2002

Amendment of section 14 of Act of 1994.

15.—The Act of 1994 is hereby amended in section 14 by the substitution of the following subsections for subsections (1) and (2):

“(1) Where it appears to the Society, whether as a result of a complaint or otherwise, that it is necessary for the purpose of investigating—

(a) alleged misconduct by a solicitor,

(b) a complaint against a solicitor under section 8(1) or 9(1) of this Act, or

(c) the capacity of a solicitor engaged in the provision of legal services adequately to protect or secure the interests of the solicitor's clients,

for an authorised person to attend with or without prior notice at the place or places of business of the solicitor, an authorised person may so attend at that place or places.

(2) An authorised person who attends under subsection (1) of this section at the place or places of business of a solicitor—

(a) shall inform the solicitor or any clerk or servant of the solicitor of the purpose of the attendance as specified in that subsection, except where the Society reasonably consider that to do so could prejudice the investigation, and

(b) may in pursuance of that purpose require the solicitor or any such clerk or servant to make available to the authorised person for inspection such specified documents or categories of documents in the possession or under the control or within the procurement of the solicitor as the authorised person deems necessary to fulfil that purpose (whether or not such documents or any of them relate also to other matters).”.