Produced by the Office of the Attorney General
Táirgthe ag Oifig an Ard-Aighne
Number 27 of 1994
SOLICITORS (AMENDMENT) ACT, 1994
ARRANGEMENT OF SECTIONS
PART I
Preliminary and General
Section
1.
Short title, collective citation, construction and commencement.
2.
Interpretation.
3.
Amendment of section 3 of Principal Act and amendment of sections 3 and 4 of Act of 1960.
PART II
Name and Membership of Law Society of Ireland
4.
Change of name of Society.
5.
Amendment of bye-laws so as to conform with the Solicitors Acts, 1954 to 1994, and regulations thereunder (section 78 of Principal Act).
6.
Honorary and associate membership of Society.
7.
Amendment of section 73 of Principal Act.
PART III
Investigation of Complaints
8.
Power of Society to impose sanctions for inadequate services.
9.
Power of Society to impose sanctions for charging excessive fees.
10.
Production of documents.
11.
Appeals to the High Court against determinations, directions or requirements of the Society.
12.
Contribution by solicitor.
13.
Adjournment of investigations under sections 8 and 9 of this Act.
14.
Power to inspect documents.
15.
Investigation of complaints.
16.
Disciplinary Tribunal (section 6 of Act of 1960).
17.
Inquiry by the Disciplinary Tribunal into the conduct of a solicitor on the ground of alleged misconduct (section 7 of Act of 1960).
18.
Proceedings before High Court (section 8 of Act of 1960).
19.
Amendment of section 10 of Act of 1960.
20.
Restriction on employment of person struck off roll or suspended (section 60 of Principal Act).
21.
Disclosure of having been struck off roll, etc. (section 63 of Principal Act).
22.
Publication of information on complaints.
23.
Publication of orders.
24.
Amendment of section 3 of Act of 1960.
25.
Powers of Disciplinary Tribunal as to taking evidence, etc. (section 15 of Act of 1960).
PART IV
Protection of Clients
26.
Provision of professional indemnity cover.
27.
Power of Society to deal with documents of certain solicitors (section 19 of Act of 1960).
28.
Control of banking accounts or assets of solicitors (section 20 of Act of 1960).
29.
Compensation for loss due to dishonesty of solicitor or clerk or servant of solicitor (section 21 of Act of 1960).
30.
Contributions to the Compensation Fund by solicitors (section 22 of Act of 1960).
31.
Intervention in practice of sole practitioner in cases of death, incapacity, bankruptcy, or abandonment (section 61 of Principal Act).
32.
Intervention in practice of solicitor who has died.
33.
Sale of solicitor's practice in certain circumstances.
34.
Ancillary provisions in relation to certain applications or orders (Second Schedule to the Act of 1960).
35.
Notice of court applications to be given to Society.
36.
Defences in actions against Society.
37.
Restriction following admission as solicitor on practising as a sole practitioner.
38.
General powers of the High Court.
39.
Finality of orders of the High Court (section 12 of Act of 1960).
PART V
Qualifying for Admission as a Solicitor
40.
Requirements for admission as solicitor (section 24 of Principal Act).
41.
Requirements for admission to apprenticeship (section 25 of Principal Act).
42.
Term of indentures (section 26 of Principal Act).
43.
Evidence of education, employment and character (section 27 of Principal Act).
44.
Restriction on solicitor taking or retaining apprentice (section 29 of Principal Act).
45.
Assignment of indentures on death of solicitor, etc. (section 32 of Principal Act).
46.
General power to discharge indentures (section 33 of Principal Act).
47.
Number of apprentices (section 36 of Principal Act).
48.
Obligation to serve bona fide apprenticeship (section 37 of Principal Act).
49.
Amendment of section 40 of Principal Act.
50.
General exemption from preliminary examination (section 41 of Principal Act).
51.
Exemptions for practising barristers (section 43 of Principal Act).
52.
Exemptions (reciprocal provisions) (section 44 of Principal Act).
53.
Exemption for certain apprentices.
PART VI
Practising Certificates and Practice
54.
Application for practising certificate (section 47 of Principal Act).
55.
Saving for regulations made under section 47 of Principal Act and amendment of section 48 of Principal Act.
56.
Prohibition on practising as solicitor without practising certificate.
57.
Acting as a solicitor without a practising certificate.
58.
Suspension of practising certificates.
59.
Imposition of conditions while practising certificates are in force.
60.
Proof of practice by an unqualified person.
61.
Direction to grant or refuse practising certificate (section 49 of Principal Act).
62.
Qualifications for acting as solicitor (section 54 of Principal Act).
63.
Amendment of section 55 of Principal Act.
64.
Amendment of section 56 of Principal Act.
PART VII
Miscellaneous Provisions
65.
Roll of solicitors (section 9 of Principal Act).
66.
Fees for applications to Society.
67.
Register of solicitors prepared to act in certain cases.
68.
Charges to clients.
69.
Amendment of section 71 of Principal Act.
70.
Incorporated practices.
71.
Fee-sharing by solicitors.
72.
Administration of oaths and taking of affidavits.
73.
Interest on clients’ moneys.
74.
Restriction on the withdrawal of a solicitor from a case.
75.
Extension of list of approved institutions.
76.
Regulations for accounts (section 66 of Principal Act).
77.
Amendment of section 58 of Principal Act.
78.
Will making and probate services provided by credit unions.
79.
Investigation of complaints about credit unions.
80.
Non-application to applicants under European Communities regulations.
81.
Amendment of section 53 of Principal Act.
82.
Laying of regulations.
AN ACT TO AMEND AND EXTEND THE SOLICITORS ACTS, 1954 AND 1960 , AND TO PROVIDE FOR RELATED MATTERS. [4th November, 1994]
BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:
