S.I. No. 641/2020 - Solicitors Acts 1954 to 2015 (Applications for Removal from the Roll of Solicitors) Regulations 2020 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.
(1)of section 49 (as substituted by section 61 of the Solicitors (Amendment) Act, 1994 and as amended by section 2 of the Solicitors (Amendment) Act, 2002 , and section 181 of the Legal Services Regulation Act 2014) of the Solicitors Act, 1954 (relating to when the Law Society of Ireland can direct the Registrar of Solicitors to issue, or to issue subject to conditions, or to refuse to issue, a practising certificate) or in section 51 of the Solicitors Act 1954 (relating to the adjudication in bankruptcy of a solicitor), would apply to me if I was now, or within the immediately preceding period of two years, applying to the Society for a practising certificate. 4. (
- a)I am not aware of, and do not know of any conduct on my part that would give cause for a complaint of misconduct, within the meaning of section 3 [as amended by section 24 of the Solicitors (Amendment) Act 1994 and as further amended by section 7 of the Solicitors (Amendment) Act 2002 ] of the Solicitors (Amendment) Act 1960 , section 14B [as inserted by section 41 of the Civil Law (Miscellaneous Provisions) Act 2008 ] of the Solicitors (Amendment) Act 1994 , and section 50 of the Legal Services Regulation Act 2015 , to be made against me. (
- b)I do not make this application to the Committee for the purpose of evading any adverse application concerning me, (whether to the Solicitors Disciplinary Tribunal, Legal Practitioners Disciplinary Tribunal or to the Law Society of Ireland or to any other statutory body or to a court), or of defeating or delaying any claim against me (whether made to the Solicitors Disciplinary Tribunal, Legal Practitioners Disciplinary Tribunal, Legal Services Regulatory Authority or to the Law Society of Ireland or to any other statutory body or to a court), in my capacity as a solicitor. (
- c)I say that clients’ moneys and trust moneys for which I have been and am now accountable have been dealt with in accordance with the Solicitors Accounts Regulations No. 2 of 1984 ( S.I. No. 304 of 1984 ), the Solicitors Accounts Regulations, 2001 ( S.I. No. 421 of 2001 ) and the Solicitors Accounts Regulations, 2014 ( S.I. No. 516 of 2014 ). SWORN by the said NAME OF APPLICANT at ADDRESS this the DATE at am/pm __________________ before me, a Practising Solicitor. Deponent *I, __________, hereby certify that the Deponent is personally known to me. Signed: _______________ ________________________________ PRACTISING SOLICITOR / COMMISSIONER FOR OATHS (NAME) PRINT NAME OF PRACTISING SOLICITOR / COMMISSIONER FOR OATHS FORM VR3 NOTICE OF OBJECTION BY THE REGISTRAR OF SOLICITORS OR OTHER PERSON INTERESTED TO THE APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS [Regulation 2 and Regulation 3(c)] REGULATION OF PRACTICE COMMITTEE In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors And in the matter of the Solicitors Acts 1954 to 2015 TAKE NOTICE that I [name of objector] of [insert address and present occupation of the objector] HEREBY OBJECT to the granting by the Regulation of Practice Committee (“the Committee”) of the application of [insert name of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors. AND TAKE NOTICE that the ground(
- s)of any objection is/are as follows [set out the ground of the objection]. [If applicable] AND TAKE FURTHER NOTICE that the following documents are furnished by me to the Committee in support of the aforesaid ground(
- s)of my objection, namely, [specify the date and description of each document being furnished to the Committee]. Dated this .............day of ..........20...... Signature of Objector................. To: The Regulation of Practice Committee Law Society of Ireland George’s Court George’s Lane Dublin 7 And to: [insert name and address of the applicant] [NOTE: If the objector is not the Registrar of Solicitors, a copy of this Notice must be furnished by the objector to the Registrar of Solicitors, Law Society of Ireland, George’s Court, George’s Lane, Dublin 7] FORM VR4 FORM OF NOTICE OF INQUIRY BY THE REGULATION OF PRACTICE COMMITTEE OF AN APPLICATION BY A SOLICITOR FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS [Regulation 3(c)] REGULATION OF PRACTICE COMMITTEE In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors And in the matter of the Solicitors Acts 1954 to 2015 To: [insert name and address of applicant] TAKE NOTICE that: 1. An application by you dated the ......day of .............20....... to have your name removed from the Roll of Solicitors was received by the Law Society of Ireland on the ......day of ...............20..... 2. On their consideration of your application and [if applicable: the objection(
- s)of the Registrar of Solicitor and/or the objection(
- s)of the following other person(s): [specify the name(
- s)of the objectors] the Committee, being of opinion that your application should not be granted without an inquiry and without making a report to the High Court, have ordered on the ......day of ......................20.... that an inquiry by the Committee should be held. 3. The Committee, have now designated the ....day of .......20..... at .....o’clock in the .......noon at [specify place of inquiry] for such an inquiry by the Committee. AND TAKE NOTICE of the following: (
- a)that you should appear personally, even where you are represented by a solicitor or by a solicitor and counsel; (
- b)[if applicable] that copies of the documents as furnished to the Committee by [name(
- s)of objector(s)] in pursuance of such objection(
- s)to your application are furnished to you herewith and you may inspect at the Law Society of Ireland’s offices, by prior arrangement, originals of such documents so furnished and if you require further copies of such documents, they will be furnished to you on request, subject to payment by you of reasonable copying charges; (
- c)That if you fail to appear personally, even where you are represented by a solicitor or by a solicitor and barrister, the Committee may proceed with the inquiry in your absence or may adjourn the inquiry on such terms as the Committee think fit and; (
- d)That you are requested to acknowledge receipt of this notice without delay. Dated this .........day of ........................................20........... Signed:............................................................................................................ Regulation of Practice Committee Law Society of Ireland George’s Court George’s Lane Dublin 7 Copy to: Registrar of Solicitors, Law Society of Ireland George’s Court George’s Lane Dublin 7 FORM VR5 FORM OF DETERMINATION OF THE COMMITTEE IN RESPECT OF THE APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS [Regulation 5 and 6a] REGULATION OF PRACTICE COMMITTEE In the matter of an application by [insert name and solicitor number of applicant],a solicitor, to have his/her name removed from the Roll of Solicitors And in the matter of the Solicitors Acts 1954 to 2015 WHEREAS: (
- a)The Law Society of Ireland received an application dated the ..........day of .........................20....... from [insert name of applicant] (“the applicant”) of [insert address of applicant] under section 9 of the Solicitors Amendment Act 1960 (as amended) to have his or her name removed from the Roll of Solicitors accompanied by an affidavit of the applicant sworn .......day of .........................................20...... (
- b)The said application and affidavit of the applicant were considered at a meeting of the Committee held on the .......day of ..........................20...... (
- c)The Committee, upon such consideration of the application and the affidavit of the applicant and on there being no objection to the application by the Registrar of Solicitors or by any other person interested and having considered that the personal attendance of the applicant before them was not required [or, if applicable: having heard the applicant] on he/she personally attending before them],are of opinion that the application should be granted without an inquiry and without making a report to the High Court. OR (
- c)The Committee, upon such consideration of the application and affidavit of the applicant and [if applicable:the objection(
- s)of [insert names of objector(s)] and the document(
- s)furnished to the Committee therewith] and being of opinion that the application should not be granted without an inquiry and without making a report to the High Court, ordered on the ...........day of ....................20.......that an inquiry be held and, following notice to the applicant and to the Registrar of Solicitors and [if applicable: to [insert name(
- s)of Objector(s)]], a division of the Committee held an inquiry in relation to the application on the .......day of .........................20....... [or, as the case may be: commencing on the .......day of ..........................20................and continuing on the following dates, concluding on the last said date, namely [specify each continuing date]] and the person(
- s)attending the inquiry were [specify name of applicant and, if applicable, the name of each objector who attended the inquiry] and the appearances at the inquiry were as follows: [specify the name of the solicitor and, if applicable, the Counsel, appearing for the applicant and, if applicable, for any objectors]. NOW the Committee HEREBY ORDERS that the application of the applicant to have his/her name removed from the Roll of Solicitor be GRANTED with effect from the date set out below. OR NOW the Committee, having considered the documents and the submissions received by the Committee at the inquiry (details of which documents and the parties who made submissions being set out in the Schedule hereto) HEREBY ORDERS that the application of the applicant to have his/her name removed from the Roll of Solicitors be GRANTED/REFUSED [delete as appropriate]. SCHEDULE [where inquiry is held] of the documents received at the inquiry and the name(
- s)of the parties who made submissions at the inquiry Details of documents received [specify each document received at the inquiry]. Details of parties who made submissions [specify the name of each party who made submissions] SIGNED on behalf of the Committee this ..........day of ...................................20....... by [insert the name of the chairperson of the division] ........................................................................... [Signature of the chairperson of the division of the Committee] FORM VR6 FORM OF REPORT OF THE COMMITTEE TO THE HIGH COURT FOLLOWING UPON AN INQUIRY BY THE COMMITTEE IN RELATION TO AN APPLICATION BY A SOLICITOR TO HAVE HIS OR HER NAME REMOVED FROM THE ROLL OF SOLICITORS [Regulation 5 and 6(a)] REGULATION OF PRACTICE COMMITTEE In the matter of an application by [insert name and solicitor number of applicant], a solicitor, to have his/her name removed from the Roll of Solicitors And in the matter of the Solicitors Acts, 1954 to 2015 The Regulation of Practice Committee (“the Committee”) HEREBY REPORT to the High Court pursuant to section 9 of the Solicitors (Amendment) Act, 1960 as follows: 1. An application by [insert name and solicitor number of applicant] (“the applicant”) dated the ......day of .........................20....... to have his/her name removed from the Roll of Solicitors was received by the Law Society of Ireland on the ......day of ..........................20........, accompanied by (
- an)affidavit(
- s)of the applicant sworn on the .......day of .....................20...... 2. On their consideration of the application and the accompanying affidavit(
- s)of the applicant and [if applicable: the objection(
- s)of [specify the name(
- s)of the objector(s)]], the Committee, being of opinion that the application should not be granted without an inquiry and without making a report to the High Court, directed on the .......day of .........................20.......that an inquiry should be held. 3. The Committee designated the .......day of .........................20.......at ..........o’clock in the ....................noon at [specify place of inquiry] for the inquiry and gave notice of such date, time and place to the applicant and [if applicable: to each objector, namely: [insert name(
- s)of objector(s)] and [if applicable: the Committee directed the applicant to give public notice of the application by means of [specify manner of giving public notice, by advertisement or otherwise], which the applicant duly gave. 4. The Committee held an inquiry in relation to the application on the .......day of ..............................20...... [or as the case may be: commencing on the ......day of ...........................20....... and continuing on the following date, concluding on the last said date, namely [specify each continuing date of the Inquiry]] 5. The person(
- s)attending the inquiry were [specify name of applicant and if applicable the name of each objector who attended the inquiry] 6. The appearances at the inquiry were as follows: [specify the name(
- s)of the solicitor, counsel, appearing for the applicant and if applicable appearing for any objector(s)] 7. (
- a)The following is a summary of the matter set out in the application and deposed to in the affidavit(
- s)furnished to the Committee by or on behalf of the applicant and [if applicable: the documents exhibited thereto] and [if applicable: the correspondence and/or other documents relating to the application furnished to the Committee on behalf of the applicant prior to the commencement of the inquiry]: [set out a summary of the matters presented by the applicant as the basis of his/her application] (
- b)[If applicable]The following further matters relating to the application, but not referred to in the application or in the accompanying affidavit(
- s)of the applicant and [if applicable: the documents exhibited thereto and/or the correspondence and/or other documents] furnished by or on behalf of the applicant to the Committee, were put before the Committee at the inquiry itself [set out a summary of these further matters]. (
- c)[If applicable] The following further matters relating to the application were put before the Committee prior to or at the inquiry itself by [insert name(
- s)of objector(
- s)to the application and set out a summary of those further matters] AND the Committee inquired into these further matters, with/without [delete, as appropriate] objection from the applicant after allowing an adjournment of ......days to enable the application to consider it/them [ or, as the case may be: the Committee, on being of opinion that the applicant would not be prejudiced by the Committee inquiring into them forthwith, inquired into those further matters, with/without [delete, as appropriate]objection from the applicant]. 8. The applicant was admitted as a solicitor in the ...............................Term 19....../20......and last practiced as such at [insert applicant’s practice address as appearing in the Register of Practicing Solicitors]; the last practicing certificate held by the applicant being for the practice year ending 31 December 20...... 9. The documents and submissions received by the Committee at the inquiry are set out in the minutes of the inquiry accompanying this report and the documents received and the name(
- s)of the parties who made submissions are set out in the Schedule of this report. 10. Following such inquiry, the Committee were of opinion that the application should be granted and have ordered that the name of the applicant be removed from the Roll of Solicitors and now make their report on the application to the High Court. OR Following such inquiry, the Committee were or opinion that the application should be granted/refused [delete, as appropriate] and the Committee have so determined and now make their report on the application to the High Court. 11. [If applicable] The Committee, having refused the application, have requested the Law Society of Ireland to investigate the following matter(
- s)arising from the objection(
- s)of [insert name(
- s)of Objector(s)], which gave rise, in whole or in part, to the Committee being of opinion that the application should be so refused [set out a summary of the matter(
- s)in question]. SCHEDULE of the documents received at the inquiry and the parties who made submissions at the inquiry Details of documents received: [specify each item of documents received at the inquiry] Details of parties who made submissions: [specify the name of eachparty who made submissions at the inquiry] SIGNED on behalf of the Committee this ......day of ......................20...... by [insert the name of the chairperson of the division] ........................................................................... [Signature of the chairperson of the division of the Committee] Privacy Statement Accessibility European Legislation Identifier (PDF) Open Data License Ráiteas Príobháideachais Inrochtaineacht Aitheantóir Eorpach Reachtaíochta (ELI) Ceadúnas Sonraí Oscailte Liosta Fianán © Government of Ireland. Oireachtas Copyright Material is reproduced with the permission of the Houses of the Oireachtas © Rialtas na hÉireann. Atáirgtear ábhar faoi Chóipcheart le cead ó Thithe an Oireachtais