(b) in respect of an act or omission of the solicitor to which subsection (1) or (2) of section 51 applies, on or after the date on which this subsection comes into operation.
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(3)Where a complaint is referred to the Society under subsection (1) or (2), the Authority shall invite the person who made the complaint to make a complaint under section 51 .
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(4)Nothing in this section shall be construed as preventing the Bar Council, the Honorable Society of King’s Inns or the Law Society from making a complaint under section 51 in respect of a legal practitioner.
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Limitation period 53. In reckoning any period of time for the purposes of any limitation period in relation to the making of an application for adjudication of a bill of costs under Part 10 which bill of costs is or has been the subject of a complaint under this Part, the period beginning on the making of a complaint to the Authority or, where the complaint is made on the invitation of the Authority under section 52
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(3), on the making of the complaint referred to in subsection (1) or (2) of section 52 , and ending— (a) on the date on which the complaint is withdrawn by the complainant, or (b) where the complaint is not withdrawn by the complainant, on the date that is 2 months after the date on which the complaint is determined under this Part, shall be disregarded.
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Withdrawal of complaint under Part 54. (1) Where a complaint made in accordance with this Part is withdrawn, the Authority may, notwithstanding the withdrawal, where it considers it to be in the public interest to do so, proceed or, as the case may be, continue to deal with the complaint in accordance with this Part.
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(2)The Authority shall notify the complainant and the legal practitioner concerned where it decides under subsection (1) to continue or proceed to deal with a complaint.
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Regulations regarding complaints 55. (1) The Authority may make regulations regarding— (a) the making of complaints to the Authority under this Part, and (b) the procedures to be followed by the Authority and the Complaints Committee in investigating complaints under this Part.
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(2)Without prejudice to the generality of subsection (1), regulations made under this section may provide in particular for the extension or abridgement by the Authority or the Complaints Committee of any period specified in the regulations for the doing of any thing, where the Authority or the Complaints Committee is satisfied that the extension or abridgement is appropriate and would not cause an injustice to the other parties to the complaint.
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(3)The Authority shall, in making regulations under this section, have as an objective that the manner in which complaints may be made, and the procedures to be followed by the complainant, the legal practitioner concerned and the Authority are as informal as is consistent with the principles of fair procedures and that undue expense is not incurred by the complainant or the legal practitioner concerned in relation to the complaint.
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Fees in respect of complaints 56. The Authority may, with the approval of the Minister given with the consent of the Minister for Public Expenditure and Reform, make regulations prescribing the fee (if any) payable in respect of making a complaint under this Part and the regulations may specify the circumstances in which the fee shall be refunded.
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Preliminary review of complaints 57. (1) Where the Authority receives a complaint under this Part, it shall conduct a preliminary review of the complaint to determine whether or not the complaint is admissible.
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(2)The Authority, for the purpose of its preliminary review under subsection (1), shall notify the legal practitioner concerned of the complaint, which notification shall request the legal practitioner to respond to the Authority, within such reasonable period as is specified in the notification, with his or her observations on the complaint.
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(3)A notification under subsection (2) shall be accompanied by a copy of the complaint and any documents relating to the complaint that are submitted by the complainant.
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(4)The Authority, for the purpose of determining whether a complaint is admissible under section 58 , may request from the complainant or the legal practitioner further information relating to the complaint.
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(5)The Authority, having considered the response (if any) of the legal practitioner to the notification under subsection (2) and any information received under subsection (4), shall, in accordance with section 58 , determine that the complaint is— (a) admissible, (b) inadmissible, or (c) one to which section 58
\n
(6)applies.
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(6)The Authority shall notify the complainant and the legal practitioner concerned of its determination under this section and of the reasons for its determination.
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(7)Where the Authority makes a determination referred to in subsection (5)(b), it shall take no further action under this Part in relation to the complaint.
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Admissibility of complaints 58. (1) This section applies to a preliminary review conducted under section 57 by the Authority to determine whether or not a complaint is admissible.
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(2)The Authority shall determine a complaint to be inadmissible, if in the opinion of the Authority the complaint is— (a) frivolous or vexatious, or (b) without substance or foundation.
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(3)The Authority shall determine a complaint to be inadmissible where it is satisfied that the act or omission to which the complaint relates is the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that legal practitioner which was previously determined under this Act.
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(4)The Authority shall determine a complaint that is made in respect of a solicitor to be inadmissible where it is satisfied that the act or omission to which the complaint relates is— (a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that solicitor which was previously determined under the Solicitors Acts 1954 to 2015— (i) by the High Court, or (ii) by the Law Society or any of its Committees or Tribunals, or (b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the solicitor concerned.
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(5)The Authority shall determine a complaint that is made in respect of a barrister to be inadmissible where it is satisfied that the act or omission to which the complaint relates is— (a) the same or substantially the same act or omission as that which was the subject matter of a complaint in respect of that barrister which was previously determined by the Barristers’ Professional Conduct Tribunal or the Honorable Society of King’s Inns, or (b) the same or substantially the same act or omission as that which was the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has been made by the court in those proceedings in favour of the barrister concerned.
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(6)(a) Where the Authority is satisfied that the act or omission to which a complaint relates is the subject of civil proceedings or criminal proceedings in respect of which a final determination of the issues has not been made by the court in those proceedings, the Authority may defer consideration under this Part of the complaint until the proceedings have been finally determined. (b) Where the Authority is satisfied that the act or omission to which a complaint relates has been investigated by a court in civil proceedings or criminal proceedings and that a final determination of the issues which are, in substance, the issues involved in the complaint has been made by the court in those proceedings in favour of the legal practitioner concerned, the Authority may decide to take no action or no further action in relation to the complaint. (c) Proceedings shall not be regarded as finally determined for the purposes of paragraph (a) or (b) until any appeal, rehearing or retrial in relation to those proceedings has been determined.
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(7)The Authority shall determine a complaint under section 51
\n
(1)to be inadmissible where it is satisfied that the complaint was made more than 3 years after the later of the following: (a) the date on which the legal services concerned were provided or the bill of costs concerned was issued; or (b) the date on which the client first became aware, or ought reasonably to have become aware, that it would be reasonable to consider that paragraph (a) or (b) of section 51
\n
(1)applied in respect of the legal practitioner concerned.
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(8)In reckoning any period of time for the purposes of the limitation period under subsection (7), the period between the date of receipt of a complaint by the body referred to in subsection (1) or (2) of section 52 and the making, on invitation by the Authority under section 52
\n
(3), of a complaint under section 51 in respect of the act or omission concerned, shall be disregarded.
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(9)Where the Authority does not determine a complaint to be inadmissible under this section, it shall determine the complaint to be admissible.
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(10)In this section, “Barristers’ Professional Conduct Tribunal” means the body of that name constituted in accordance with the Disciplinary Code for the Bar of Ireland.
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Authority may request Law Society to investigate matter relevant to complaint 59. (1) The Authority may, at any stage in its investigation under this Part of a complaint in respect of a solicitor, and for the purposes of the investigation, request the Law Society to carry out an investigation under the Solicitors Acts 1954 to 2015 into any matter that is relevant to the complaint.
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(2)The Complaints Committee or Disciplinary Tribunal may, for the purposes of its consideration under this Part of a complaint, request the Law Society to carry out an investigation under the Solicitors Acts 1954 to 2015 into any matter that is relevant to that consideration.
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(3)The Law Society, on receipt of a request under subsection (1) or (2), shall— (a) comply with the request, and (b) within one month of receipt of the request, or such later period as may be agreed between it and the Authority, the Complaints Committee or the Disciplinary Tribunal, as the case may be, provide the Authority, Complaints Committee or Disciplinary Tribunal with an interim report of its investigation and an indication of when its final report will be available.
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(4)An interim report and final report of the Law Society referred to in subsection (3) shall be admissible in any proceedings under this Part.
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Authority to facilitate resolution of complaints made under this Part relating to inadequate services 60. (1) Where the Authority determines under section 57 that a complaint to which section 51
\n
(1)(a) applies is admissible, or where a complaint is remitted to it under section 62 , it shall invite the client and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint in an informal manner.
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(2)Where the client and the legal practitioner agree to the Authority’s invitation under subsection (1), and request the Authority to do so, the Authority shall facilitate the resolution of the matter— (a) by offering its assistance in resolving the matter in an informal manner, or (b) by identifying to the legal practitioner and the client other persons who are willing to assist in resolving the matter in an informal manner.
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(3)Where the Authority, having allowed the client and the legal practitioner a reasonable period to resolve the matter the subject of the complaint in an informal manner, considers that an agreement or resolution between the parties in relation to the complaint is unlikely to be reached in that manner, it may give notice in writing to the client and the legal practitioner (and, where appropriate, any other person involved in attempting to resolve the dispute) that it proposes to determine the complaint in accordance with this section.
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(4)Where subsection (3) applies, the Authority shall not determine the complaint concerned earlier than 30 days after the giving of notice under that subsection.
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(5)Where— (a) the client or the legal practitioner does not accept the Authority’s invitation under subsection (1), (b) the client or the legal practitioner, having attempted to resolve the matter in an informal manner, confirms to the Authority that he or she does not wish to continue to make such an attempt, or (c) the Authority decides under subsection (3) to exercise its power to determine the complaint under this section, the Authority shall thereafter invite the client and the legal practitioner to furnish to it, within such reasonable period as is specified by the Authority, a statement setting out their respective positions in relation to the matter the subject of the complaint.
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(6)The Authority shall consider any statement furnished to it pursuant to subsection (5) and, where it considers that the legal services provided by the legal practitioner were of an inadequate standard, and that it is, having regard to all the circumstances concerned, appropriate to do so, the Authority may direct the legal practitioner to do one or more of the following: (a) secure the rectification, at his or her own expense or at the expense of his or her firm, of any error, omission or other deficiency arising in connection with the legal services concerned; (b) take, at his or her own expense or at the expense of his or her firm (which shall not exceed €3,000), such other action as the Authority may specify; (c) transfer any documents relating to the subject matter of the complaint to another legal practitioner nominated by the client, subject to such terms and conditions as the Authority may consider appropriate having regard to the existence of any right to possession or retention of any of the documents concerned vested in the legal practitioner to whom the direction is issued; (d) pay to the client a sum not exceeding €3,000 as compensation for any financial or other loss suffered by the client in consequence of the legal services provided by the legal practitioner to the client being of an inadequate standard.
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(7)Where the client or the legal practitioner is aggrieved by a direction made by the Authority under subsection (6) or its failure to make such a direction, he or she may by notice in writing given not more than 30 days after the Authority has notified the parties to the complaint of its decision under subsection (6), seek a review by a Review Committee established under section 62 of the direction or the failure.
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(8)Any payment made by a legal practitioner pursuant to a direction referred to in subsection (6)(d) shall be without prejudice to any legal right of the client.
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Authority to facilitate resolution of complaints made under this Part relating to excessive costs 61. (1) Where the Authority determines under section 57 that a complaint to which section 51
\n
(1)(b) applies is admissible, or where a complaint is remitted to it under section 62 , it shall invite the client and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint in an informal manner.
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(2)Where the client and the legal practitioner agree to the Authority’s invitation under subsection (1), and request the Authority to do so, the Authority shall facilitate the resolution of the matter— (a) by offering its assistance in resolving the matter in an informal manner, or (b) by identifying to the legal practitioner and the client other persons who are willing to assist in resolving the matter in an informal manner.
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(3)Where the Authority, having allowed the client and the legal practitioner a reasonable period to resolve the matter the subject of the complaint in an informal manner, considers that an agreement or resolution between the parties in relation to the complaint is unlikely to be reached in that manner, it may give notice in writing to the client and the legal practitioner (and, where appropriate, any other person involved in attempting to resolve the dispute) that it proposes to determine the complaint in accordance with this section.
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(4)Where subsection (3) applies, the Authority shall not determine the complaint concerned earlier than 30 days after the giving of notice under that subsection.
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(5)Where— (a) the client or the legal practitioner does not accept the Authority’s invitation under subsection (1), (b) the client or the legal practitioner, having attempted to resolve the matter in an informal manner, confirms to the Authority that he or she does not wish to continue to make such an attempt, or (c) the Authority decides under subsection (3) to exercise its power to determine the complaint under this section, the Authority shall thereafter invite the client and the legal practitioner to furnish to it, within such reasonable period as is specified by the Authority, a statement setting out their respective positions in relation to the matter the subject of the complaint.
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(6)The Authority shall consider any statement furnished to it pursuant to subsection (5) and, where it considers that the amount of costs sought by the legal practitioner in respect of legal services provided to the client by the legal practitioner was or is excessive, and that it is, having regard to all the circumstances concerned, appropriate to do so, may direct the legal practitioner to do one or more of the following: (a) refund without delay, either wholly or in part as directed, any amount already paid by or on behalf of the client in respect of the practitioner’s costs in connection with the bill of costs; (b) waive, whether wholly or in part as directed, the right to recover those costs.
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(7)Where the client or legal practitioner is aggrieved by a direction made by the Authority under subsection (6) or its failure to make a direction, he or she may by notice in writing given not more than 30 days after the Authority has notified the parties to the complaint of its decision under subsection (6) seek a review by a Review Committee established under section 62 of the direction or the failure.
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(8)Where a bill of costs which has been the subject of complaint under section 51
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(1)(b) has subsequently been adjudicated, then— (a) where the Authority has given a direction under subsection (6), the direction shall cease to have effect, or (b) where the Authority has not given a direction under subsection (6), it shall not proceed to investigate such a complaint or otherwise apply the provisions of this section.
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(9)Where the Authority has notified a legal practitioner under section 57
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(6)that a complaint under section 51
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(1)(b) in respect of a bill of costs issued by the legal practitioner is admissible, the legal practitioner shall not— (a) issue or cause to be issued civil proceedings (whether on his own behalf or on behalf of any other person or persons), or (b) if already issued, proceed further with civil proceedings, in respect of the amount (or any part thereof) of a bill of costs without the written consent of the Authority before the Authority has determined the matter under subsection (6) unless, on application by that legal practitioner, on notice to the Authority, a court orders otherwise.
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(10)Where pursuant to this section a dispute regarding a bill of costs between the client and the legal practitioner is resolved, the client shall not thereafter be entitled to seek adjudication of the bill of costs under
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Part 10
\n
unless such adjudication forms part of the resolution.
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(11)The determination under this section of a complaint shall be without prejudice to any legal right of the client.
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Review Committee 62. (1) The Authority shall establish a Review Committee to consider reviews requested by complainants or legal practitioners in relation to determinations of the Authority under section 60 or 61 .
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(2)The Review Committee shall be composed of 3 persons, 2 of whom shall be lay persons and one of whom shall be a legal practitioner.
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(3)The member of the Review Committee who is a legal practitioner shall— (a) in a case where the complaint relates to a solicitor, be a solicitor, and (b) in a case where the complaint relates to a barrister, be a barrister.
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(4)A person shall be eligible to serve as a member of a Review Committee established under this section if he or she is eligible to serve as a member of the Complaints Committee established under this Part.
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(5)The Review Committee shall consider reviews requested and, having given both the client and the legal practitioner an opportunity to make a statement in writing to it as to why the determination of the Authority under section 60 or 61 , as the case may be, was incorrect or unjust, determine the review by— (a) confirming the determination of the Authority, (b) remitting the complaint to the Authority, with such directions as the Review Committee considers appropriate or necessary, to be dealt with again under section 60 or 61 , as the case may be, or (c) issuing one or more than one of the directions to the legal practitioner that the Authority is authorised to issue under section 60
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(6)or section 61
\n
(6), as the case may be.
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(6)Any payment made by a legal practitioner pursuant to a direction referred to in subsection (5) shall be without prejudice to any legal right of the client.
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Appeal to High Court from determination of Review Committee 63. (1) Where a Review Committee determines a review under section 62 , the client or the legal practitioner concerned may, within a period of 21 days of the notification of such determination or direction to him or her, apply to the High Court for an order directing the Review Committee to rescind or to vary such determination and on hearing such application the Court may make such order as it thinks fit.
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(2)Where no application under subsection (1) is made within the period specified in that subsection, the determination of the Review Committee shall become absolutely binding on the client and legal practitioner immediately upon the expiration of such period.
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(3)Where an application has been made by a legal practitioner under subsection (1), the Authority may apply to the High Court and the Court may dismiss the application of the legal practitioner if it is satisfied that such application has no merits and has been made purely for the purposes of delay.
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(4)Where a legal practitioner, in respect of whom a determination of the Review Committee is binding, without reasonable excuse refuses, neglects or otherwise fails to comply with such determination, he or she shall be guilty of an offence and be liable on summary conviction thereof to a Class B fine.
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Authority to offer assistance in resolving matter in dispute where it appears that conduct could constitute misconduct 64. (1) Where the Authority decides under section 57 that a complaint under section 51
\n
(2)is admissible, and that the act or omission of the legal practitioner to which the complaint relates, if the complaint were substantiated, would constitute misconduct within the meaning of section 50
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(1)(b), it shall invite the complainant and the legal practitioner concerned to make efforts to resolve the matter the subject of the complaint in a prompt manner in accordance with guidelines published by the Authority pursuant to section 67 .
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(2)The agreement by the complainant and the legal practitioner to make efforts to resolve the matter the subject of the complaint shall not prevent the Authority continuing with its consideration or investigation of the complaint.
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(3)Notwithstanding subsection (2), where the Complaints Committee, the Disciplinary Tribunal or the High Court is satisfied that an act or omission of a legal practitioner the subject of a complaint has been resolved or that proper effort was made by the legal practitioner concerned to resolve the matter in accordance with this section, the Complaints Committee, Disciplinary Committee or the High Court, as the case may be, shall, in determining the appropriate sanction (if any) that should be imposed upon the legal practitioner, give due regard to the efforts to resolve the matter made by the legal practitioner concerned.
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Resolution of complaint by mediation or informal means — additional provisions 65. (1) No answer or statement made, in the course of attempting to resolve a complaint in the manner specified in section 60 , 61 or 64 , by— (a) the complainant, or (b) the legal practitioner who is the subject of the complaint, may be used in any disciplinary, civil or criminal proceedings or communicated to any person other than the persons participating in the attempt to resolve the complaint.
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(2)Any costs arising from an attempt to resolve a complaint in the manner specified in section 60 , 61 or 64 shall be borne equally by the parties to the complaint unless the parties agree otherwise.
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Agreement by legal practitioner to participate in resolution of matter under section 60, 61 or 64 not to be treated as admission of liability 66. An agreement by a legal practitioner, who is the subject of a complaint, to attempt to resolve the complaint in the manner referred to in section 60 , 61 or 64 shall not be taken as an admission— (a) of any allegation contained in a complaint made under paragraph (a) or (b) of section 51
\n
(1)regarding the legal practitioner, or (b) of any allegation of misconduct referred to in section 51
\n
(2).
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Guidelines for resolution of complaints by mediation or informal means 67. The Authority shall prepare and publish guidelines in relation to the resolution of complaints by informal means and those guidelines may— (a) set out the process whereby a determination can be made in respect of whether a complaint can be resolved by informal means, (b) provide for the recording of the manner in which a complaint was resolved and of the terms of any agreement between the complainant and the legal practitioner the subject of the complaint, (c) outline the steps to be taken (including notice to the Authority, the complainant, the legal practitioner concerned and, where applicable, the Complaints Committee) if the complaint cannot, in the opinion of the person attempting to do so, be resolved by informal means, and (d) contain any other matters that the Authority considers necessary or appropriate for facilitating the resolution of the complaint by informal means.
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Authority to refer complaints relating to misconduct to Complaints Committee 68. The Authority shall refer a complaint under section 51
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(2)to the Complaints Committee where the client and legal practitioner concerned do not succeed in resolving a matter in accordance with section 64 .
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Establishment and membership of Complaints Committee 69. (1) The Authority shall establish a committee, to be known as the Complaints Committee, for the purpose of considering and investigating complaints referred to it by the Authority under section 68 .
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(2)A member of the Complaints Committee shall— (a) hold office for a period of 4 years from the date of his or her appointment, and (b) be eligible for reappointment as a member of the Complaints Committee, provided that he or she does not hold office for periods the aggregate of which exceeds 8 years.
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(3)The Complaints Committee shall be appointed by the Authority and shall consist of not more than 27 members of whom— (a) the majority shall be lay persons, (b) not fewer than 8 shall be persons nominated by the Law Society, each of whom has practised as a solicitor for more than 10 years, and (c) not fewer than 4 shall be persons nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years.
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(4)In appointing lay persons to be members of the Complaints Committee the Authority shall ensure that those members are persons who— (a) are independent of the professional bodies, and (b) have expertise in or knowledge of— (i) the provision of legal services, (ii) the maintenance of standards in a profession (including those regulated by a statutory body), (iii) the investigation and consideration of complaints relating to services, or (iv) the interests of consumers of legal services.
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(5)The Complaints Committee shall act in divisions of not less than 3 members and not more than 5 members (in this Act referred to as a “Divisional Committee”).
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(6)A Divisional Committee shall consist of an uneven number of members.
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(7)Each Divisional Committee shall have a majority of lay members.
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(8)The chairperson of each Divisional Committee shall be one of the lay members of that Divisional Committee.
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(9)The chief executive shall make arrangements for the provision of such administrative and secretarial support to each Divisional Committee as he or she considers necessary.
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(10)Subject to subsections (6) and (7), where a complaint relates to a solicitor— (a) in a case where the Divisional Committee consists of 3 members, one of the members of the Divisional Committee shall be a solicitor, (b) in a case where the Divisional Committee consists of 5 members, 2 of the members of the Divisional Committee shall be solicitors.
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(11)Subject to subsections (6) and (7), where a complaint relates to a barrister— (a) in a case where the Divisional Committee consists of 3 members, one of the members of the Divisional Committee shall be a barrister, (b) in a case where the Divisional Committee consists of 5 members, 2 of the members of the Divisional Committee shall be barristers.
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Investigation of complaints 70. (1) A Divisional Committee shall consider and investigate complaints made under this Part referred to the Complaints Committee by the Authority.
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(2)Where the Authority refers a complaint to the Complaints Committee, the Authority shall furnish to the Divisional Committee concerned— (a) a copy of the complaint and any documents relating to the complaint that have been submitted by the complainant, and (b) a summary of the complaint.
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(3)On receipt of the documents referred to in subsection (2), the Divisional Committee shall— (a) request the legal practitioner to whom the complaint relates to furnish to the Divisional Committee, within such reasonable period as is specified by the Divisional Committee, his or her response to the complaint, and (b) unless the legal practitioner has already been furnished with the documents concerned, furnish a copy of the documents referred to in subsection (2) to him or her.
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(4)Where, in the opinion of the Divisional Committee, the response of the legal practitioner under subsection (3) indicates that he or she is not in agreement to the issuing of a direction under section 71
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(1)(a) or the taking of a measure under section 71
\n
(1)(b), the Divisional Committee shall furnish a copy of the response to the complainant inviting him or her to furnish observations to the Divisional Committee in relation to the response of the legal practitioner within such a period as may be specified by the Divisional Committee.
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(5)Where— (a) the response of the legal practitioner under subsection (3) does not satisfy the Divisional Committee that it should not issue a direction under section 71
\n
(1)(a) or take a measure under section 71
\n
(1)(b), or (b) the legal practitioner does not furnish a response within the period specified in the notice, the Divisional Committee shall, subject to the provisions of this Part, take such steps as it considers appropriate to investigate the complaint.
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(6)For the purposes of investigating a complaint in accordance with subsection (1), the Divisional Committee— (a) shall have due regard to information furnished to it by the Authority, the complainant and the legal practitioner, (b) may, by notice in writing to the complainant, do one or more of the following: (i) require the complainant to verify, by affidavit or otherwise, anything contained in the complaint; (ii) request the complainant to supply to the Committee, within a reasonable period specified in the notice— (I) such information relating to the complaint as is specified in the notice, or (II) such documents relating to the complaint as it may require; (iii) require that information requested under subparagraph (ii) be verified by affidavit or otherwise; and (c) may, by notice in writing to the legal practitioner the subject of the complaint require him or her to do one or more of the following: (i) verify, by affidavit or otherwise, anything contained in his or her response under subsection (3); (ii) supply the Committee, within a reasonable period specified in the notice, with— (I) such information relating to the complaint as is specified in the notice, or (II) such documents relating to the complaint as it may require; (iii) require that information requested under subparagraph (ii) be verified by affidavit or otherwise.
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(7)The complainant concerned shall comply with a notice issued to him or her by the Divisional Committee under subsection (6)(b).
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(8)The legal practitioner concerned shall comply with a notice issued to him or her by the Divisional Committee under subsection (6)(c).
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(9)The Divisional Committee may, having had due regard to— (a) information furnished to it by the Authority, (b) any information or documents provided to it by the complainant or the legal practitioner concerned under this section, (c) any response furnished to the Divisional Committee by the legal practitioner concerned pursuant to this section, and (d) any observations furnished by the complainant under subsection (4), require the complainant and the legal practitioner to appear before the Committee for the purposes of the investigation of the complaint.
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(10)The complainant and the legal practitioner may be represented by a person of their choice for the purposes of their appearance before the Divisional Committee and the costs of such representation, if any, shall be borne by the person who requested such representation.
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(11)Where a complaint is withdrawn when it is being investigated by the Divisional Committee, the Committee may— (a) decide that no further action be taken in relation to the matter the subject of the complaint, or (b) proceed as if the complaint had not been withdrawn and, where it does so, shall notify the Authority, the complainant and the legal practitioner concerned of the fact.
\n
(12)Where the Divisional Committee determines that the act or omission does not warrant the issuing of a direction under section 71
\n
(1)(a) or the taking of a measure under section 71
\n
(1)(b), it shall so advise the complainant and the legal practitioner in writing, giving reasons for the determination.
\n
(13)The Divisional Committee shall make reasonable efforts to ensure that— (a) the complainant is kept informed of all decisions made by the Committee in relation to the complaint concerned, (b) the Committee acts expeditiously, and (c) complaints referred to it are processed in a timely manner.
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Power of Divisional Committee to specify measures 71. (1) Where the Divisional Committee, following an investigation under section 70 , considers that the act or omission the subject of the complaint is not one to which subsection (7) applies, but determines that it warrants the imposition of a sanction under this section, it may— (a) subject to subsection (9), issue a direction to the legal practitioner concerned to take such measures as are specified in the determination of the Divisional Committee, being measures specified in paragraphs (a) to (i) of subsection (5), or (b) where the legal practitioner concerned so consents in writing, take the measure specified in the determination of the Divisional Committee, being a measure specified in subsection (6).
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(2)Where the Divisional Committee issues one or more than one direction in accordance with subsection (1)(a) and the legal practitioner complies with each such direction, the complaint shall be considered as determined.
\n
(3)Where the Divisional Committee (with the consent of the legal practitioner concerned) takes a measure specified in subsection (1)(b), the complaint shall be considered as determined.
\n
(4)The Divisional Committee shall not impose a sanction under subsection (1) unless the Committee considers it to be a reasonable and appropriate manner of determining the complaint.
\n
(5)The measures referred to in subsection (1)(a) are the following: (a) a direction to the legal practitioner to perform or complete the legal service the subject of the complaint or a direction to the legal practitioner to arrange for the performance or completion of the legal service the subject of the complaint by a legal practitioner nominated by the complainant at the expense of the legal practitioner the subject of the complaint; (b) a direction to the legal practitioner that he or she participate in one or more modules of a professional competence scheme and that he or she furnish evidence to the Authority of such participation within a specified period; (c) a direction to the legal practitioner— (i) that he or she waive all or a part of any fees otherwise payable by the complainant to the legal practitioner concerned, or (ii) that he or she refund to the client some or all of any fees paid to the legal practitioner concerned in respect of the legal services the subject of the complaint; (d) a direction that the legal practitioner take such other action in the interest of the client as the Committee may specify; (e) a direction to the legal practitioner to comply with (in whole or in part) an undertaking given by the legal practitioner to another legal practitioner or to another person or body; (f) a direction to the legal practitioner to withdraw or amend an advertisement; (g) a direction to the legal practitioner to pay a sum not exceeding €5,000 as compensation for any financial or other loss suffered by the client in consequence of any inadequacy in the legal services provided or purported to have been provided by the legal practitioner, provided that any such payment made in compliance with the direction shall be without prejudice to any legal right of the client; (h) a direction to the legal practitioner to pay to the Authority a sum not exceeding €5,000 by way of contribution towards the costs incurred by the Authority in investigating the complaint; (i) where the Divisional Committee has determined that the legal practitioner has in the course of the investigation refused, neglected or otherwise failed, without reasonable cause, to respond appropriately in a timely manner, or at all, to a written request from the Divisional Committee and that the Authority has incurred additional costs in relation to the investigation of the complaint in consequence of that refusal, neglect or failure, a direction to the legal practitioner to pay to the Authority a sum not exceeding €2,500 by way of contribution towards those additional costs incurred by the Authority in investigating the complaint.
\n
(6)The measure referred to in subsection (1)(b) is the issue of a notice— (a) in the case of a legal practitioner who is a solicitor, to the Law Society informing the Law Society of the decision of the Divisional Committee to impose a sanction under subsection (1)(b) and directing the Law Society to impose a specified restriction or condition on the practising certificate of the legal practitioner concerned, or (b) in the case of a legal practitioner who is a barrister, to the chief executive of the Authority of the decision of the Divisional Committee to impose a sanction under subsection (1)(b) and directing the chief executive to impose, in accordance with
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Part 9
\n
, a specified restriction or condition on the legal practitioner concerned in respect of his or her practice as a barrister.
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(7)(a) Subject to subsection (8), where the Divisional Committee considers that the act or omission the subject of the complaint is of a kind that is more appropriate for consideration by the Legal Practitioners Disciplinary Tribunal than under this section, it may make an application in respect of the matter to it for the holding of an inquiry under section 81 . (b) In determining whether it would be more appropriate for the complaint to be considered by the Legal Practitioners Disciplinary Tribunal, the Complaints Committee shall have regard to the gravity of the concerns raised and matters disclosed in the complaint and in the investigation under this section.
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(8)(a) Where the Divisional Committee considers that a measure specified in subsection (6) is the appropriate measure to be taken as respects the complaint, it shall notify the legal practitioner concerned to that effect and specify the precise measure (including in the case of a restriction or condition to be imposed on the practising certificate of the legal practitioner or on the legal practitioner in respect of his or her practice as a barrister, the precise restriction or condition) it proposes to take. (b) The notification referred to in paragraph (a) shall indicate that, unless the legal practitioner concerned furnishes to the Divisional Committee his or her consent in writing to the imposition of the specified measures within 21 days of the issue of the notification, the Divisional Committee will apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry into the complaint by the Tribunal under this Part. (c) Where the Divisional Committee issues a notification pursuant to paragraph (b) and does not receive the written consent of the legal practitioner concerned within 21 days to the imposition of the specified measures, it shall apply to the Legal Practitioners Disciplinary Tribunal for the holding of an inquiry by it into the complaint in so far as the Committee has not found that the complaint is unfounded or that the act or omission concerned does not warrant the imposition of a sanction under this section or an application under subsection (7) to the Disciplinary Tribunal.
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(9)In issuing a direction specified in paragraph (c)(ii), (g), (h) or (i) of subsection (5), the Divisional Committee shall have regard to the means of the legal practitioner concerned.
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(10)The Divisional Committee shall notify the Authority of its determination under subsection (1).
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Appeal of determination of Divisional Committee 72. (1) Where the Divisional Committee issues a direction under section 71
\n
(1)(a) to a legal practitioner, the legal practitioner may, within a period of 21 days of the date of such issue, appeal to the High Court against either or both of the following: (a) the determination of the Divisional Committee under section 71
\n
(1); or (b) the direction.
\n
(2)The Authority may, within a period of 21 days of the notification under section 71
\n
(10)of the determination of the Divisional Committee under section 71
\n
(1), appeal to the High Court against one or more than one of the following: (a) where a direction is issued under section 71
\n
(1)(a)— (i) the determination of the Divisional Committee under section 71
\n
(1), or (ii) the direction; (b) a failure of the Divisional Committee to make an application under section 71
\n
(7).
\n
(3)The High Court, on an application under subsection (1) or (2), may— (a) in an appeal to which subsection (1)(a) or (2)(a)(i) applies— (i) confirm the determination of the Divisional Committee under section 71
\n
(1), or (ii) set aside the determination of the Divisional Committee under section 71
\n
(1), and (b) in an appeal to which subsection (1)(b) or (2)(a)(ii) applies, may— (i) confirm the direction concerned, (ii) set aside the direction, or (iii) set aside the direction and impose another sanction that the Divisional Committee could have imposed under section 71
\n
(1), and (c) in an appeal to which subsection (2)(b) applies, affirm or set aside the decision of the Divisional Committee not to make an application under section 71
\n
(7).
\n
Publication of reports by Authority relating to its functions under this Part 73. (1) The Authority shall publish, in such manner as the Authority considers appropriate, a report on the performance of its functions under this Part.
\n
(2)A report referred to in subsection (1) shall include information in respect of the relevant reporting period of— (a) the number and type of complaints received by the Authority under this Part during the relevant reporting period, (b) the general nature and outcome of those complaints, (c) the number of complaints referred to the Complaints Committee in the relevant reporting period, and (d) the outcome of those complaints which were considered by the Complaints Committee during the relevant reporting period including— (i) the sanction imposed by the Complaints Committee, (ii) where a sanction was imposed, the nature of the act or omission that was the subject of the complaint, (iii) the measures taken by the Complaints Committee, and (iv) where the Complaints Committee made a determination under section 71
\n
(1), and where the Authority considers it appropriate, the name of the legal practitioner concerned.
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(3)A report published under subsection (1) shall be published by the Authority at intervals no greater than 6 months.
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Establishment of Legal Practitioners Disciplinary Tribunal 74. There shall stand established a body to be known as the Legal Practitioners Disciplinary Tribunal to consider applications brought before it under section 77 and to perform the other functions assigned to it by this Act.
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Membership of Disciplinary Tribunal 75. (1) The Disciplinary Tribunal shall be appointed by the President of the High Court on the nomination of the Minister and shall consist of not more than 33 members of whom— (a) the majority shall be lay persons, (b) not fewer than 6 shall be persons, nominated by the Law Society, each of whom has practised in the State as a solicitor for more than 10 years, (c) not fewer than 6 shall be persons, nominated by the Bar Council, each of whom has practised in the State as a barrister for more than 10 years, and (d) at least 40 per cent, calculated to the nearest whole number, shall be men and at least 40 per cent, as so calculated, shall be women.
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(2)One of the persons appointed under subsection (1) shall be appointed as chairperson of the Disciplinary Tribunal.
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(3)The Minister shall ensure that those lay persons nominated to be members of the Disciplinary Tribunal are persons who are independent of the Government and the professional bodies and have knowledge of and expertise in one or more than one of the following: (a) the provision of legal services; (b) the maintenance of standards in a profession (including those regulated by a statutory body); (c) the investigation and consideration of complaints relating to services; (d) commercial matters; (e) the interests of consumers of legal services.
\n
(4)The Disciplinary Tribunal shall act in divisions consisting of— (a) an uneven number of members, (b) a majority of lay members, and (c) not fewer than 3 members.
\n
(5)The chairperson of each division of the Disciplinary Tribunal shall be one of the lay members.
\n
(6)Where a complaint relates to a solicitor, the division of the Disciplinary Tribunal hearing the inquiry shall include at least one solicitor.
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(7)Where a complaint relates to a barrister, the division of the Disciplinary Tribunal hearing the inquiry shall include at least one barrister.
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Chairperson of Disciplinary Tribunal 76. (1) The person appointed as chairperson of the Disciplinary Tribunal shall, where the person is a legal practitioner, have practised as a barrister or solicitor for not less than 10 years.
\n
(2)The term of office of the chairperson shall be 5 years, and the chairperson may be appointed for a second term not exceeding 5 years.
\n
(3)The chairperson shall retire on attaining the age of 70 years.
\n
(4)The chairperson shall be appointed by the President of the High Court from the persons nominated by the Minister for membership of the Tribunal.
\n
Applications to Disciplinary Tribunal 77. The Disciplinary Tribunal may hear the following applications that are brought to it in accordance with regulations under section 79
\n
(1): (a) an application by the Complaints Committee under subsection (7) or (8)(c) of section 71 ; (b) an application by the Law Society under subsection (6) or (7) (c) of section 14A of the Solicitors (Amendment) Act 1994 .
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Presentation of case to Disciplinary Tribunal 78. (1) The Authority, or a person appointed to do so on its behalf, shall, in an application referred to in paragraph (a) of section 77 , present the evidence to the Disciplinary Tribunal grounding the contention that misconduct by the legal practitioner concerned has occurred.
\n
(2)The Law Society, or a person appointed to do so on its behalf, shall, in an application referred to in paragraph (b) of section 77 , present the evidence to the Disciplinary Tribunal grounding the contention that misconduct by the solicitor concerned has occurred.
\n
Regulations relating to Disciplinary Tribunal 79. (1) The Disciplinary Tribunal may make Regulations, consistent with this Act, regulating— (a) the making of applications to the Disciplinary Tribunal under this Act, and (b) the proceedings of the Disciplinary Tribunal under this Act.
\n
(2)Regulations made under subsection (1) may make provision for— (a) the procedures to be followed in relation to the matters referred to in subsection (1), and (b) the parties, other than the Authority, the complainant and the legal practitioner concerned, who may make submissions to the Disciplinary Tribunal.
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(3)The Disciplinary Tribunal, in making regulations under subsection (1), shall have as objectives that the manner of making applications, and the conduct of proceedings, be as informal as is consistent with the principles of fair procedures, and that undue expense is not likely to be incurred by any party who has an interest in the application.
\n
(4)The Disciplinary Tribunal may consider and determine an application to it under this Part on the basis of affidavits and supporting documentation and records where the legal practitioner, and the Authority consent.
\n
Powers of Disciplinary Tribunal as to taking of evidence, etc.
\n
80.(1) The Disciplinary Tribunal shall, for the purposes of any inquiry under this Part, have the powers, rights and privileges vested in the High Court or a judge thereof on the hearing of an action, in respect of— (a) the enforcement of the attendance of witnesses and their examination on oath or on affirmation, (b) the compelling of the production of documents, and (c) the compelling of the discovery under oath or under affirmation of documents, and a summons signed by a member of the Disciplinary Tribunal may be substituted for and shall be equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production and the discovery under oath or under affirmation of documents.
\n
(2)The Disciplinary Tribunal may require the Authority and the legal practitioner concerned to submit in writing an outline of the evidence expected to be given by each of the witnesses whom they propose to have summoned to attend the hearing.
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(3)The Disciplinary Tribunal may, if of opinion that the evidence expected to be given by any witness whom it is proposed to have summoned to attend the hearing is irrelevant or does not add materially to that proposed to be given by other witnesses and that accordingly the attendance of the witness at the inquiry is likely to give rise to unnecessary delay or expense, so inform the Authority or the legal practitioner concerned, as the case may be, and bring to the attention of the Authority or legal practitioner the provisions of subsection (4).
\n
(4)On the completion of the inquiry the Disciplinary Tribunal, whether or not it has acted in accordance with subsection (3), may, if of opinion that the attendance of any witness summoned at the request of the Authority or the legal practitioner concerned was unnecessary and thereby involved the witness in avoidable expense, by order direct that the Authority or the legal practitioner concerned, as the case may be, shall pay a specified amount or amounts not exceeding €1,000 to the witness in respect of the expense incurred, and the witness may recover the sum or sums from the Authority or legal practitioner, as the case may be, as a simple contract debt.
\n
(5)Before making an order under subsection (4), the Disciplinary Tribunal shall notify in writing the Authority or the legal practitioner concerned that it proposes to do so and shall consider any representations that may be made to it in writing by the person concerned within 14 days after the notification.
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(6)The Authority or the legal practitioner concerned in respect of whom an order has been made under subsection (4) may appeal to the High Court against the order within 21 days of the receipt by him or her of notification of the making of the order, and the Court may make such order on the appeal as it thinks fit.
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(7)If a person— (a) on being duly summoned as a witness before the Disciplinary Tribunal, without just cause or excuse disobeys the summons, (b) being in attendance as a witness before the Disciplinary Tribunal, refuses to take an oath or make an affirmation when required by the Disciplinary Tribunal to do so, or to produce or discover under oath or under affirmation any documents in his or her possession or under his or her control or within his or her procurement required by the Disciplinary Tribunal to be produced or discovered under oath or under affirmation by him or her, or to answer any question to which the Disciplinary Tribunal may require an answer, (c) wilfully gives evidence to the Disciplinary Tribunal which is material to its inquiry which he or she knows to be false or does not believe to be true, (d) by act or omission, obstructs or hinders the Disciplinary Tribunal in the performance of its functions, or (e) fails, neglects or refuses to comply with the provisions of an order made by the Disciplinary Tribunal, the person shall be guilty of an offence.
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(8)A witness before the Disciplinary Tribunal shall be entitled to the same immunities and privileges as if he or she were a witness before the High Court.
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(9)A person guilty of an offence under this section shall be liable— (a) on summary conviction, to a class B fine or to imprisonment for a term not exceeding 6 months or to both, or (b) on conviction on indictment, to a fine not exceeding €30,000 or to imprisonment for a term not exceeding 2 years or to both.
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(10)Section 13 of the Criminal Procedure Act 1967 shall apply in relation to an offence under this section as if, in lieu of the penalties specified in subsection (3) of that section, there were specified therein the penalties provided for by subsection (9), and the reference in subsection (2) (a) of that section to the penalties provided for in subsection (3) of that section shall be construed accordingly.
\n
(11)A reference in this section and section 81 to the Authority shall be deemed, in the case of an inquiry the application for which was made by the Law Society under section 77 (b), to include a reference to the Law Society.
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Inquiry by Disciplinary Tribunal 81. (1) Where the Disciplinary Tribunal receives an application referred to in section 77 for the holding of an inquiry, it shall arrange a date for the hearing and notify in writing the legal practitioner and the Authority.
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(2)An inquiry under this section shall be conducted by way of oral hearing and, subject to subsection (3), shall be heard in public.
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(3)Where the Disciplinary Tribunal is satisfied that it is necessary to do so in the interests of justice, it may direct that the hearing of the inquiry or any part thereof be held otherwise than in public.
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(4)The legal practitioner concerned and the Authority may be represented at any hearing before the Disciplinary Tribunal by a legal practitioner.
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(5)Witnesses appearing before the Disciplinary Tribunal shall give evidence on oath or on affirmation.
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(6)The legal practitioner concerned and the Authority shall have an opportunity to examine every witness giving evidence to the Disciplinary Tribunal.
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(7)If the Tribunal considers that, for the purposes of the inquiry, it requires the advice or assistance of an expert in respect of any matter, it may, subject to such terms and conditions as it may determine, appoint such number of persons having expertise in relation to the matter concerned as it considers necessary to provide it with such advice or assistance.
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(8)Having conducted the inquiry, the Disciplinary Tribunal shall make a determination whether or not, on the basis of the evidence properly before it, each act or omission to which the inquiry relates constitutes misconduct and, in that event, make a determination as to whether the issue of sanction should be dealt with pursuant to subsection (1) or (2) of section 82 .
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(9)A determination referred to in subsection (8) shall— (a) be in writing, (b) specify the reasons for the determination, (c) specify the sanction (if any) to be imposed pursuant to section 82
\n
(1)or recommended under section 82
\n
(2), and (d) be notified to the legal practitioner, and the Authority.
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Sanctions following finding of misconduct by Disciplinary Tribunal 82. (1) Where, pursuant to the holding of an inquiry under section 81 , the Disciplinary Tribunal makes a determination under section 81
\n
(8)that there has been misconduct on the part of a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this subsection, the Disciplinary Tribunal may, subject to subsections (3) and (4), make an order imposing one or more of the following sanctions on the legal practitioner: (a) an advice; (b) an admonishment; (c) a censure; (d) a direction that the legal practitioner participate in one or more modules of a professional competence scheme and furnish, within a specified period, evidence to the Disciplinary Tribunal of such participation; (e) a direction that the legal practitioner concerned— (i) waive all or a part of any costs otherwise payable by the complainant to the legal practitioner concerned in respect of the matter the subject of the complaint, (ii) refund all or any part of any costs paid to the legal practitioner concerned in respect of the matter the subject of the complaint; (f) a direction that the legal practitioner arrange for the completion of the legal service to which the inquiry relates or the rectification, at his or her own expense, of any error, omission or other deficiency arising in connection with the provision of the legal services the subject of the inquiry, as the Disciplinary Tribunal may specify; (g) a direction that the legal practitioner take, at his or her own expense, such other action in the interests of the complainant as the Disciplinary Tribunal may specify; (h) a direction that the legal practitioner transfer any documents relating to the subject matter of the complaint (but not otherwise) to another legal practitioner nominated by the client or by the Authority with the consent of the client, subject to such terms and conditions as the Authority may deem appropriate having regard to the circumstances, including the existence of any right to possession or retention of such documents or any of them vested in the legal practitioner or in any other person; (i) a direction that the legal practitioner pay a sum, not exceeding €15,000, as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party; (j) a direction that the whole or a part of the costs of the Disciplinary Tribunal or of any person making submissions to it or appearing before it, in respect of the inquiry be paid by the legal practitioner concerned (which costs shall be assessed by a Legal Costs Adjudicator in default of agreement); (k) where the legal practitioner is a practising solicitor, a direction that a specified condition be imposed on his or her practising certificate;
\n
(l) where the legal practitioner is a practising solicitor, and the misconduct concerned consists of a breach of the Solicitors Accounts Regulations, a direction that he or she pay a sum not exceeding €15,000 to the Compensation Fund; (m) where the legal practitioner is a practising barrister, a direction to the chief executive of the Authority directing him or her to impose a specified restriction or condition on the legal practitioner in respect of his or her practice as a barrister.
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(2)Where, pursuant to the holding of an inquiry under this Part, the Disciplinary Tribunal makes a determination under section 81
\n
(8)that there has been misconduct by a legal practitioner and determines that the issue of sanction should be dealt with pursuant to this subsection, the Disciplinary Tribunal shall make a recommendation to the High Court that the Court make one or more than one of the orders specified in section 85
\n
(7).
\n
(3)Where the Disciplinary Tribunal under subsection (1) makes an order imposing one or more of the sanctions specified in paragraphs (g), (i), (j) or (l) of that subsection, the aggregate amount of the sums to be paid by the legal practitioner under the order concerned shall not exceed €15,000.
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(4)In making an order referred to in subsection (3), the Disciplinary Tribunal shall have regard to the means of the legal practitioner concerned.
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Persons who may appeal determination of Disciplinary Tribunal and matters in respect of which appeal may be brought 83. (1) Where the Disciplinary Tribunal makes a determination under section 81
\n
(8)that the act or omission concerned does not constitute misconduct, the Authority may appeal that finding to the High Court.
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(2)Where the Disciplinary Tribunal makes a determination under section 81
\n
(9)that the act or omission concerned constitutes misconduct and deals with the issue of sanction under section 82
\n
(1), an appeal may be brought to the High Court— (a) by the legal practitioner concerned as respects the determination of misconduct or the sanction imposed, or (b) by the Authority as respects the sanction imposed.
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(3)Where the Disciplinary Tribunal makes a determination under section 81
\n
(8)that the act or omission concerned constitutes misconduct and deals with the issue of sanction under section 82
\n
(2), the legal practitioner concerned may appeal that determination to the High Court.
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(4)Where the application to the Disciplinary Tribunal was brought by the Law Society, a reference in this section to the Authority shall be construed as including a reference to the Law Society.
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(5)An appeal under this section shall be brought within the period of 28 days of the date on which the notification under section 81
\n
(9)(d) of the determination concerned was sent to the person making the appeal.
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Appeals to High Court from Disciplinary Tribunal 84. (1) The High Court shall determine an appeal brought in accordance with section 83 in accordance with this section and any rules of court made in relation to such appeals.
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(2)Each party who was a party participating in the inquiry of the Disciplinary Tribunal shall be entitled to appear and make submissions in connection with the matter under appeal.
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(3)In an appeal under section 83
\n
(1), the High Court may— (a) confirm the determination of the Disciplinary Tribunal, or (b) allow the appeal, and— (i) impose a sanction which the Disciplinary Tribunal could impose pursuant to section 82
\n
(1), or (ii) consider, in accordance with that section, the imposition of a sanction under section 85 .
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(4)In an appeal under section 83
\n
(2)(a), the High Court may— (a) confirm the determination of the Disciplinary Tribunal, or (b) determine that the act or omission the subject of the inquiry does not constitute misconduct.
\n
(5)In an appeal under section 83
\n
(2)(b), or where the High Court makes a confirmation under subsection (4)(a), the Court may— (a) confirm the sanction imposed under section 82
\n
(1), or (b) impose a sanction which the Disciplinary Tribunal could have imposed under section 82
\n
(1), or (c) consider, in accordance with that section, the imposition of a sanction under section 85 .
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Consideration of matter by High Court where referred by Disciplinary Tribunal 85. (1) Where the Disciplinary Tribunal makes a recommendation to the High Court under section 82
\n
(2)and the legal practitioner concerned appeals in accordance with section 83
\n
(3)against the determination of misconduct, the Court shall first determine the appeal.
\n
(2)In an appeal under section 83
\n
(3), the High Court may— (a) confirm the determination of the Disciplinary Tribunal, or (b) determine that the act or omission the subject of the inquiry does not constitute misconduct.
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(3)Where— (a) the legal practitioner concerned does not appeal under section 83
\n
(3)the determination of the Disciplinary Tribunal, (b) the High Court confirms under subsection (2) the determination of the Disciplinary Tribunal, or (c) the High Court makes a decision referred to in subsection (3)(b)(ii) or (5)(c) of section 84 , the Court shall, having considered (where applicable) the recommendation of the Disciplinary Tribunal under section 82
\n
(2)and given each party who was a party participating in the inquiry of the Disciplinary Tribunal an opportunity to appear to make submissions in connection with the matter, decide upon the sanction to be imposed on the legal practitioner.
\n
(4)The sanction referred to in subsection (3) may be— (a) one or more of the sanctions which the Disciplinary Tribunal could impose under section 82
\n
(1), or (b) the making of an order under subsection (7).
\n
(5)Before imposing a sanction under subsection (3), the High Court may, if it thinks fit, remit the case to the Disciplinary Tribunal to take further evidence for submission to it and to make a supplementary report, and the Court may adjourn the hearing of the matter pending the submission to it of such further evidence and the making of such supplementary report.
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(6)In imposing a sanction under subsection (3), the High Court shall take account of any finding of misconduct on the part of the legal practitioner concerned previously made by the Disciplinary Tribunal and not rescinded by the Court and of any order made by the Court under this Act or under the Solicitors Acts 1954 to 2015.
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(7)The Court, under this subsection, may by order direct one or more than one of the following: (a) that the legal practitioner be censured or that he or she be censured and required to pay an amount of money to the Authority or, in the case of a legal practitioner who is a solicitor, to the Compensation Fund, as the Court considers appropriate; (b) that the legal practitioner be restricted as to the type of work which he or she may engage in, for such period as the Court considers appropriate and subject to such terms and conditions as the Court considers appropriate; (c) that the legal practitioner be prohibited from practising as a legal practitioner otherwise than as an employee, and subject to such terms and conditions as the Court considers appropriate; (d) that the legal practitioner be suspended from practice as a legal practitioner for a specified period and subject to such terms and conditions as the Court considers appropriate; (e) where the legal practitioner is a barrister, that the Authority, in accordance with
\n
Part 9
\n
, strike the name of the person off the roll of practising barristers and inform the Chief Justice and the Honorable Society of King’s Inns of the fact; (f) where the legal practitioner is a solicitor, that the name of the solicitor be struck off the roll of solicitors; (g) in the case of a legal practitioner to whom a Patent has been granted, that the Authority make an application referred to in section 175
\n
(2)in respect of that grant; (h) that the legal practitioner do one or more than one of the following: (i) take, at his or her own expense, such other action in the interests of the complainant as the Court may specify; (ii) pay a sum as restitution or part restitution to any aggrieved party, without prejudice to any legal right of such party; (iii) pay the whole or a part of the costs of the Disciplinary Tribunal or of any person making submissions to it or appearing before it, in respect of the inquiry concerned (which costs shall be assessed by a Legal Costs Adjudicator in default of agreement); (i) where the legal practitioner is a solicitor: (i) that a specified bank shall furnish any information in its possession that the Law Society may require relating to any aspect of the financial affairs of the practice of the solicitor; (ii) that the solicitor shall swear an affidavit disclosing all information relating to or contained in accounts, held in his or her own name or in the name of his or her firm or jointly with third parties with any bank within a specified duration of time, to be fixed by the Court; (iii) that the solicitor make restitution to any aggrieved party the Court thinks fit; (iv) on the application of the Law Society or the Authority, that the solicitor swear an affidavit (within a specified duration of time to be fixed by the Court) disclosing all information as to his or her assets either then in his or her possession or control or within his or her procurement and, if no longer in his or her possession or control or within his or her procurement, his or her belief as to the present whereabouts of those assets; (v) that the solicitor make himself or herself available before the Court on a specified day and at a specified time for oral examination under oath or under affirmation in relation to the contents of any affidavit of assets sworn by him or her pursuant to subparagraph (iv); (vi) on the application of the Law Society or the Authority and where it is shown that the conduct of the solicitor or of any clerk or servant of that solicitor arising from that solicitor’s practice as a solicitor has given or is likely to give rise to the making by the Law Society of a grant or grants out of the Compensation Fund, direct that the solicitor shall not reduce his assets below a certain specified amount or value unless the Court otherwise directs; (vii) on the application of the Law Society or the Authority, the delivery to any person appointed by the Law Society or Authority of all or any documents in the possession or control or within the procurement of the solicitor arising from his practice as a solicitor;
\n
(viii) either— (I) that no bank shall, without leave of the Court, make any payment out of an account in the name of the solicitor or his firm, or (II) that a specified bank shall not without leave of the Court, make any payment out of any account in the name of the solicitor or his or her firm; (ix) that the solicitor shall not attend at the place of business of his or her practice as a solicitor unless otherwise permitted by the Court; (x) that the solicitor shall not represent himself or herself as having, or hold himself or herself out as having, any connection with his or her former practice as a solicitor, or permit any other person to so represent that solicitor, unless otherwise permitted by the Court.
\n
(8)In making an order under subsection (6), the Court may, in addition— (a) make such order as to costs incurred in the proceedings before it and the Legal Practitioners Disciplinary Tribunal as the Court thinks fit, (b) make an ancillary order in relation to the matter which the Court thinks fit.
\n
(9)In this section, “Patent” has the same meaning as it has in
\n
Part 12
\n
, and includes a Patent granted in the State before the coming into operation of this section.
\n
Exercise of jurisdiction of High Court under sections 84 and 85 86. The jurisdiction vested in the High Court by sections 84 and 85 shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.
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Appeals to Court of Appeal 87. The Authority or the legal practitioner concerned may appeal to the Court of Appeal against an order of the High Court made under section 85 within a period of 21 days beginning on the date of the order and, unless the High Court or the Court of Appeal otherwise orders, the order of the High Court shall have effect pending the determination of such appeal.
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Orders made by High Court or determinations made by Authority 88. (1) A copy of every decision or order made by the High Court under section 84 or 85 and any determination made by the Disciplinary Tribunal under sections 81 and 82 shall be furnished to the registrar of solicitors in the case of an order relating to a practising solicitor, or to the Honorable Society of King’s Inns in the case of an order relating to a practising barrister.
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(2)Where an order— (a) striking the name of a legal practitioner who is a solicitor off the roll of solicitors, (b) striking the name of a legal practitioner who is a barrister off the roll of practising barristers, or (c) suspending a legal practitioner from practice, is made by the High Court under section 84 or 85 , the Authority shall as soon as practicable thereafter cause a notice stating the effect of the operative part of the order to be published in Iris Oifigiúil and shall also cause the notice to be published in such other manner as the Authority may consider appropriate.
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(3)Where a matter is determined by the Disciplinary Tribunal in accordance with section 82
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(1)and the time for lodging an appeal has expired the Authority shall arrange for the publication of— (a) the determination, (b) the nature of the misconduct, (c) the sanction imposed, and (d) the name of the legal practitioner concerned.
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(4)Where the High Court makes a decision under— (a) section 84
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(3)(b), (b) section 84
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(4)(other than section 84
\n
(4)(b)), (c) section 85 (other than section 85
\n
(2)(b)), the Authority shall arrange for the publication of— (i) the decision, (ii) the nature of the misconduct, (iii) the sanction imposed, and (iv) the name of the legal practitioner concerned.
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Privilege (Part 6) 89. The following shall be absolutely privileged: (a) complaints made to the Authority under this Part and documents created or furnished to the parties entitled to receive them under this Part; (b) proceedings and documents associated with an inquiry held by the Disciplinary Tribunal under this Part; (c) a report made by the Disciplinary Tribunal to the High Court in accordance with this Part; (d) a notice authorised by section 88 to be published or communicated.
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Enforcement of order of Disciplinary Tribunal under this Part 90. (1) Where, on application by the Authority in circumstances where the matter is not otherwise before the High Court, it is shown that a legal practitioner or any other person has refused, neglected or otherwise failed, without reasonable cause, to comply in whole or in part with a direction, determination or order to which subsection (4) applies, the Court may by order direct the legal practitioner or other person, as the case may be, to comply in whole or in part as may be appropriate, with the direction, determination or order.
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(2)An application by the Authority pursuant to subsection (1) shall be on notice to the legal practitioner or other person concerned unless the High Court otherwise orders.
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(3)An order of the High Court under subsection (1) may contain such provisions of a consequential nature as the Court considers appropriate.
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(4)This subsection applies to the following— (a) a direction of the Authority under section 60
\n
(6)or 61
\n
(6); (b) a determination of a Review Committee under section 62
\n
(5); (c) a direction of a Divisional Committee under section 71
\n
(1)(a); (d) an order of the Disciplinary Tribunal under section 82
\n
(1).
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Transitional provisions in relation to solicitors 91. (1) Where, before the date on which this subsection comes into operation, a complaint under section 8 or 9 of the Solicitors (Amendment) Act 1994 has been received by the Law Society, then, notwithstanding the amendment by this Act of the Solicitors Acts 1954 to 2011, the provisions of those Acts shall continue to apply to the complaint as if those amendments had not been made.
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(2)Where, on or after the date on which this subsection comes into operation— (a) a complaint is made under section 51
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(1)in respect of a solicitor, and (b) the act or omission to which the complaint relates occurred before that date, the complaint shall be dealt with under this Part and this Act shall apply accordingly.
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(3)Where, on or after the date on which this subsection comes into operation— (a) a complaint is made under section 51
\n
(2), in respect of a solicitor, and (b) the act or omission to which the complaint relates occurred before that date, the complaint shall be dealt with under this Part and this Act shall apply accordingly, subject to the modification that “misconduct” shall, for the purposes of the complaint, be deemed to have the meaning it has under section 3 of the Solicitors (Amendment) Act 1960 as if the amendment of that section by section 184 had not been made.
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Transitional provisions in relation to barristers 92. (1) Where, on or after the date on which this subsection comes into operation, the Benchers of the Honorable Society of King’s Inns disbar a person for an act or omission of the person that occurred before that date, the Honorable Society of King’s Inns shall notify the Authority of the disbarment, which notification shall be accompanied by a report of the act or omission concerned.
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(2)The Authority, on receipt of a notification and report under subsection (1), shall examine the report and, where it considers that the act or omission of the person constitutes misconduct, shall make an application to the High Court for the making by it of an order under this section.
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(3)An application under subsection (2) shall be on notice to the person concerned and the Honorable Society of King’s Inns.
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(4)The High Court, on an application under subsection (2), having considered the report under subsection (1) and given the Authority, the persons concerned and the Honorable Society of King’s Inns an opportunity to appear and to make submissions in connection with the application, decide whether to impose a sanction on the person.
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(5)The Court, under this subsection, may by order direct one or more than one of the following: (a) that the person be restricted as to the type of work which he or she may engage in, for such period as the Court considers appropriate and subject to such terms and conditions as the Court considers appropriate; (b) that the person be suspended from practice as a barrister for a specified period and subject to such terms and conditions as the Court considers appropriate; (c) that the Authority, in accordance with Part 9, strike the name of the person off the roll of practising barristers and inform the Chief Justice and the Honorable Society of King’s Inns of the fact.
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Authority may appoint monitor for purposes of section 14C of Act of 1994 93. (1) The Authority may appoint such and so many members of its staff as it thinks fit to perform the functions of a monitor under section 14C of the Act of 1994.
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(2)The Authority may, at any time, request a report from a monitor in relation to the performance by him or her of his or her functions referred to in subsection (1).
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Power of Authority under Part 6 94. The Authority, in the performance by it of its functions under this Part in relation to a complaint made as respects a solicitor, may exercise any power conferred on the Law Society under the Solicitors Acts 1954 to 2015.
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PART 7
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Imposition of levy on Professional Bodies and certain Barristers to cover expenses of Authority and Disciplinary Tribunal Levy to be paid by Law Society, Bar Council and certain barristers 95. (1) Subject to section 97 , the following shall, in accordance with this Part, pay to the Authority in each financial year a levy in the amount determined in accordance with this section: (a) the Law Society; (b) the Bar Council; (c) each barrister who is not a member of the Law Library.
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(2)At the end of each financial year, the Authority shall, with the consent of the Minister, determine for the purposes of this section— (a) the operating costs and administrative expenses that are properly incurred in that financial year by the Authority in the performance of its functions under this Act (in this section referred to as “approved expenses of the Authority”), and (b) the operating costs and administrative expenses incurred in that financial year by the Disciplinary Tribunal in the performance of its functions under this Act (in this section referred to as “expenses of the Disciplinary Tribunal”).
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(3)The approved expenses of the Authority include— (a) the remuneration (including allowances for expenses) of the members of the Authority, (b) the remuneration (including allowances for expenses and superannuation benefits) of inspectors and members of the staff of the Authority, (c) any superannuation contributions paid in respect of the members of the staff of the Authority out of moneys provided by the Oireachtas, (d) fees due to consultants and advisers appointed under section 17 , (e) the cost of office premises, and (f) any costs or expenses, not referred to in paragraphs (a) to (e), incurred by the Authority in the performance of its functions under Part 6.
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(4)The Authority shall determine— (a) the proportion of the approved expenses of the Authority that was incurred by the Authority in the performance of its functions— (i) under
\n
Part 6
\n
, and (ii) under this Act, other than
\n
Part 6
\n
, and (b) in relation to the approved expenses of the Authority referred to in paragraph (a)(i), the proportion of those expenses that was incurred by the Authority in the consideration and investigation of— (i) complaints in respect of solicitors, (ii) complaints in respect of barristers who were, at the time of the act or omission to which the complaint relates, members of the Law Library, and (iii) complaints in respect of barristers who were, at the time of the act or omission to which the complaint relates, not members of the Law Library.
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(5)The Authority, in consultation with the Disciplinary Tribunal, shall determine, in relation to the expenses of the Disciplinary Tribunal, the proportion of those expenses that was incurred by the Tribunal in the consideration of applications brought before it that concerned— (a) complaints in respect of solicitors, (b) complaints in respect of barristers who were, at the time of the act or omission to which the complaint relates, members of the Law Library, and (c) complaints in respect of barristers who were, at the time of the act or omission to which the complaint relates, not members of the Law Library.
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(6)The amount of the levy payable in each financial year shall be the sum of— (a) the approved expenses of the Authority, and (b) the expenses of the Disciplinary Tribunal, in respect of the preceding financial year.
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(7)The liability for payment of the amount referred to in subsection (6) shall be apportioned as follows: (a) in the case of the proportion of the approved expenses of the Authority referred to in subsection (4)(a)(i) — (i) 10 per cent of that amount shall be apportioned pro rata between the Bar Council and the practising barristers who are not members of the Law Library, according to the number of barristers whose names are on the roll of practising barristers who are members of the Law Library and the number of practising barristers whose names are on that roll who are not such members, respectively, (ii) 10 per cent of that amount shall be apportioned to the Law Society, and (iii) the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the practising barristers who are not members of the Law Library, respectively, according to the proportion, calculated under paragraph (b) of subsection (4), of those expenses that were incurred by the Authority in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of that paragraph; (b) the proportion of approved expenses referred to in subsection (4)(a)(ii) shall be apportioned pro rata among the Law Society, the Bar Council and the practising barristers who are not members of the Law Library, respectively, according to the number of practising solicitors, the number of practising barristers on the roll of practising barristers who are members of the Law Library and the number of practising barristers on that roll who are not such members; (c) in the case of the expenses of the Disciplinary Tribunal— (i) 10 per cent of that amount shall be apportioned pro rata between the Bar Council and the practising barristers who are not members of the Law Library, according to the number of practising barristers whose names are on the roll of practising barristers who are members of the Law Library and the number of practising barristers whose names are on that roll who are not such members, respectively, (ii) 10 per cent of that amount shall be apportioned to the Law Society, and (iii) the remaining 80 per cent of that amount shall be apportioned pro rata among the Law Society, the Bar Council and the practising barristers who are not members of the Law Library, respectively, according to the proportion, calculated under subsection (5), of those expenses that was incurred in the consideration of applications brought before the Tribunal that concerned complaints in respect of each category of legal practitioner referred to in paragraphs (a), (b) and (c) of that subsection.
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(8)The Authority shall— (a) calculate, in accordance with subsection (7), the proportion of the amount referred to in subsection (6) that is payable by— (i) the Law Society, (ii) the Bar Council, and (iii) the practising barristers who are not members of the Law Library, and (b) apportion the amount calculated under paragraph (a)(iii) equally among all practising barristers who are not members of the Law Library.
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(9)As soon as practicable after the beginning of each financial year, the Authority shall provide a notice (in this Act referred to as a “levy assessment notice”) to each of the bodies or persons referred to in subsection (1).
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(10)A levy assessment notice shall specify— (a) the approved expenses of the Authority in respect of the preceding financial year, (b) the proportion of the approved expenses referred to in subparagraphs (i) and (ii) of subsection (4)(a), (c) the proportion, calculated under subsection (4)(b), of the expenses referred to in subsection (4)(a)(i) that was incurred in the consideration and investigation of complaints in respect of each category of legal practitioner referred to in subparagraphs (i), (ii) and (iii) of paragraph (b) of subsection (4), (d) the expenses of the Disciplinary Tribunal in respect of the preceding financial year, (e) the proportion, calculated under subsection (5), of the expenses of the Disciplinary Tribunal that was incurred in the consideration of applications brought before it concerning complaints in respect of each category of legal practitioner referred to in paragraph (a), (b) and (c) of that subsection, (f) the amount of levy payable by the professional body or person concerned, calculated in accordance with subsection (7) and, where applicable,subsection (8)(b), (g) the date by which the levy becomes payable, and (h) the rate of interest payable if all or part of the amount specified under paragraph (f) is not paid by the date referred to in paragraph (g).
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(11)The levy referred to in subsection (1) shall be collected and retained by the Authority to be used to meet the costs it incurs in carrying out its functions under this Act.
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(12)For the purposes of this section— (a) a reference to the number of barristers whose names are on the roll of practising barristers shall be construed as a reference to the number of barristers whose names are on that roll during the financial year to which the expenses concerned relate, less the number of such barristers to whom section 97 applies, and (b) a reference to the number of practising solicitors is a reference to the number of solicitors holding a practising certificate in the financial year to which the expenses concerned relate, less the number of such solicitors to whom section 97 applies.
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(13)In this Part— “barrister who is not a member of the Law Library” means a barrister whose name, in the financial year to which the expenses concerned relate, is on the roll of practising barristers, where the entry concerned specifies that he or she is not a member of the Law Library, and “barrister who is a member of the Law Library” shall be construed accordingly; “superannuation benefits” means pensions, gratuities and other allowances payable on resignation, retirement or death.
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(14)For the purposes of subsections (4) and (5)— (a) a barrister is not a member of the Law Library at a given time, if, at that time, his or her name is on the roll of practising barristers, where the entry concerned specifies that he or she is not a member of the Law Library, and (b) a barrister is a member of the Law Library at a given time, if, at that time, his or her name is on the roll of practising barristers, where the entry concerned does not include the specification referred to in paragraph (a).
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Failure to pay amount specified in levy assessment notice 96. (1) If all or part of the amount specified in a levy assessment notice is not paid on or before the date specified in the notice, interest, at a rate calculated in accordance with regulations under section 98 , on the unpaid amount accrues from that date to the date of payment.
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(2)Where a barrister who is not a member of the Law Library has not, within one month of the date on which the amount becomes payable, paid all of the amount specified in a levy assessment notice as payable by him or her in respect of the levy imposed by this Part, the Authority shall provide that barrister with a further notice, which shall— (a) be accompanied by a copy of the levy assessment notice concerned, (b) specify the rate of interest payable on the unpaid amount, and (c) contain a statement of the effect of subsection (3).
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(3)Where, after the expiry of 3 months from the date on which the amount, specified in a levy assessment notice as payable by him or her in respect of the levy imposed under this Part, becomes payable, a barrister who is not a member of the Law Library has not paid all of that amount together with any interest on the unpaid amount that has accrued in accordance with subsection (1) on that amount, the Authority shall remove the name of the barrister from the roll of practising barristers.
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(4)Subject to subsection (5), the Authority may recover, as a simple contract debt in any court of competent jurisdiction, from the professional body or person concerned, any amount payable by that body or person in respect of the levy imposed by this Part and any interest that has accrued, in accordance with subsection (1), on that amount.
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(5)For the purposes of subsection (4), where the professional body concerned is the Bar Council, proceedings may be brought against the Chairman of the Bar Council, in a representative capacity, on behalf of the Bar Council and, if in those proceedings the Authority obtains a judgment, order or decree for any amount payable by the Bar Council, any assets held by or on behalf of or for the benefit of the Bar Council may be used or otherwise applied towards satisfying all or any of the claims under the judgment, order or decree, as the case may be.
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Exemption for legal practitioner in full time service of the State 97. (1)
\n
Section 95
\n
(1)shall not apply in respect of a legal practitioner who is in the full time service of the State.
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(2)No fee shall be payable by a legal practitioner to whom subsection (1) applies to the Law Society or Bar Council in respect of an amount of levy payable by that professional body under this Part.
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Regulations relating to levy 98. (1) The Authority may by regulations provide for all or any of the following matters relating to the levy under section 95 : (a) the date on which payment of the levy becomes payable; (b) the keeping by the Authority and the Disciplinary Tribunal of specified records in respect of matters connected with the liability to pay the levy; (c) the collection and recovery of the levy; (d) subject to subsection (2), the rate of interest on amounts not paid when due; (e) such other matters as are necessary for, or incidental to, the imposition, payment and collection of the levy.
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(2)Regulations under subsection (1) may prescribe a formula for determining the interest rate referred to in subsection (1)(d) by reference to— (a) the prevailing Euro Interbank Offered Rate, (b) an additional rate certified by the Central Bank of Ireland, and (c) such other additional rate as the Minister considers appropriate, taking into account the cost of recovering unpaid levy, including any bank charges the Authority may incur in maintaining a bank overdraft to cover a shortfall in funds arising out of unpaid levy.
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PART 8
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Legal Partnerships, Direct Professional Access, Multi-disciplinary Practices and Limited Liability Partnerships
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Chapter 1
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Interpretation Interpretation (Part 8) 99. In this Part— “contentious matter” means a matter that arises in, and that relates to the subject matter of, proceedings before any court, tribunal or other body or person before which the respective legal rights and obligations of two or more parties are determined, to which the person instructing the practising barrister concerned is a party; “limited liability partnership” means a relevant business in respect of which an authorisation, granted under section 125 , is for the time being in force; “relevant business” means— (a) a partnership of solicitors, or (b) a legal partnership.
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Chapter 2
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Legal Partnerships, Direct Professional Access and Multi-Disciplinary Practices Legal partnerships and professional codes 100. (1) Subject to this Part, a legal practitioner may provide legal services as a partner in, or an employee of, a legal partnership.
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(2)A professional body shall not, through its professional codes or otherwise, prevent or restrict a legal practitioner who is a member of that body from working with, or otherwise doing business with, a legal practitioner providing legal services in a legal partnership in accordance with subsection (1).
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Professional code not to prevent direct professional access to barrister 101. No professional code shall operate to prevent a barrister from providing legal services as a practising barrister in relation to a matter, other than a contentious matter, where his or her instructions on that matter were received directly from a person who is not a solicitor.
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Multi-disciplinary practices and professional codes 102. (1) Subject to this Part, a legal practitioner may provide legal services as a partner in, or an employee of, a multi-disciplinary practice.
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(2)A professional body shall not, through its professional codes or otherwise, prevent or restrict a legal practitioner who is a member of that body from working with, or otherwise doing business with, a legal practitioner providing legal services in a multi-disciplinary practice in accordance with subsection (1).
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Complaints under Part 6 in respect of legal practitioners in limited partnerships, multi-disciplinary practices and limited liability partnerships 103. For the avoidance of doubt, nothing in this Part shall be construed as preventing a person making a complaint to the Authority under Part 6 in respect of a legal practitioner who provides a legal service as a partner or employee of a legal partnership, a multi-disciplinary practice or a limited liability partnership.
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Notification of Authority of commencement, cessation of provision of legal services by a legal partnership 104. (1) A legal partnership that intends to provide legal services— (a) shall notify the Authority, in accordance with subsection (3), of that fact, and (b) shall not provide such services until it has complied with paragraph (a).
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(2)A legal partnership that ceases providing legal services shall— (a) notify the Authority in accordance with subsection (3) of that fact, and (b) having complied with paragraph (a), shall not provide legal services without providing the Authority with a further notification under subsection (1).
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(3)A notification under subsection (1) or (2) shall be in writing and in such form and subject to such fee (if any) as may be prescribed.
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Legal partnership to have professional indemnity insurance 105. A legal partnership shall not provide legal services unless there is in force, at the time of the provision of such services, a policy of professional indemnity insurance which complies with regulations made under section 47 and section 26 of the Act of 1994 (if applicable).
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Notification of Authority of commencement, cessation of provision of legal services by multi-disciplinary practice 106. (1) A multi-disciplinary practice that intends to provide legal services— (a) shall notify the Authority, in accordance with subsection (3), of that fact, and (b) shall not provide such services until it has complied with paragraph (a).
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(2)A multi-disciplinary practice that ceases providing legal services shall— (a) notify the Authority, in accordance with subsection (3), of that fact, and (b) having complied with paragraph (a), shall not provide legal services without providing the Authority with a further notification under subsection (1).
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(3)A notification under subsection (1) or (2) shall be in writing and in such form and subject to such fee (if any) as may be prescribed.
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Partners in multi-disciplinary practice 107. (1) Each partner in a multi-disciplinary practice shall be jointly and severally liable in respect of his or her acts or omissions, those of the other partners and those of the employees of the partnership.
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(2)A partner in a multi-disciplinary practice may share with another partner in that multi-disciplinary practice fees or other income arising from the provision of services by the practice, regardless of whether— (a) either or both partners are legal practitioners, or (b) the services concerned are legal services or services other than legal services.
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(3)Subject to subsection (4), a person may be a partner in a multi-disciplinary practice notwithstanding that he or she does not provide legal services or services other than legal services.
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(4)Subject to subsection (5), the following shall not be a partner in a multi-disciplinary practice: (a) a person in respect of whom the High Court has made an order under section 85
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(7)(c) that he or she be prohibited from providing legal services otherwise than as an employee; (b) for the period specified in the order, a person in respect of whom the High Court has made an order under section 85
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(7)(d) that he or she be suspended from practice as a legal practitioner unless, in the case of a person who at the time the order was made was a partner in a multi-disciplinary practice, the order expressly permits him or her to continue to be a partner of that multi-disciplinary practice; (c) a person in respect of whom the High Court has made an order under paragraph (e) or (f) of section 85
\n
(7)that his or her name be struck off the roll of practising barristers or the roll of solicitors; (d) a person who is an unqualified person; (e) a person who, having been a qualified barrister, is disbarred (other than a person who has procured himself or herself to be disbarred with a view to being admitted as a solicitor); (f) a person who, being a solicitor in another jurisdiction, is not a solicitor qualified to practise in that jurisdiction by reason of a sanction equivalent to a sanction specified in subsection (9) having been imposed on him or her in accordance with the law of that jurisdiction; (g) a person who, having been a barrister in another jurisdiction, has been disbarred in accordance with the law of that jurisdiction; (h) a person who— (i) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or (ii) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provisions of that Act; (i) a person who is convicted on indictment of an offence; (j) a person who is convicted of an offence involving fraud or dishonesty or breach of trust; (k) a person who is convicted of an offence involving money laundering or terrorist financing (both within the meaning of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 ); (l) a person who is an undischarged bankrupt in this or another jurisdiction; (m) a person who is convicted outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment; (n) a person who is disqualified under the law of another state (whether pursuant to an order of a judge or a tribunal or otherwise) from being appointed or acting as a director or secretary of a body corporate or an undertaking.
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(5)The High Court may, on application to it by a person to whom subsection (4) (other than paragraphs (a) to (c) of that subsection) applies, grant the person an order permitting him or her to be a partner in a multi-disciplinary practice where it is of the opinion that it is reasonable and proportionate to do so, having regard to the circumstances of the person, including the circumstances that gave rise to subsection (4) applying to him or her.
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(6)A person who contravenes subsection (4), and is not the subject of an order under subsection (5), commits an offence.
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(7)A person who commits an offence under subsection (6) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.
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(8)Nothing in this section shall be construed as permitting investment in a multi-disciplinary practice by a person other than an individual.
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(9)In this section, “unqualified person” means a solicitor who is not a solicitor qualified to practise, within the meaning of the Act of 1954, by reason of— (a) his or her name having been struck off the roll of solicitors, (b) his or her suspension from practice, (c) his or her having had the issue to him or her of a practising certificate refused under section 49 of that Act, (d) having his or her practising certificate suspended under section 58 of the Act of 1994, or (e) his or her having given to the High Court an undertaking not to practise as a solicitor.
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Managing legal practitioner 108. (1) A multi-disciplinary practice shall have at least one legal practitioner (referred to in this Part as the “managing legal practitioner”) who shall be a partner in the multi-disciplinary practice, who shall be responsible for the management and supervision of the provision of legal services by the practice.
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(2)Where a multi-disciplinary practice fails to be in compliance with subsection (1) for a period of 7 days or longer, it shall— (a) notify the Authority of that fact, and (b) cease providing legal services until a managing legal practitioner is appointed under subsection (1).
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(3)The managing legal practitioner shall ensure that the multi-disciplinary practice is managed so as to ensure the provision of legal services by the practice— (a) is in accordance with the requirements of this Act and regulations made under it and any other applicable enactment or rule of law, and (b) adheres to the professional principles specified in section 13
\n
(5).
\n
(4)Where a managing legal practitioner has reason to believe that the multi-disciplinary practice is providing, or is likely to provide, legal services in a manner that does not comply with paragraph (a) or (b) of subsection (3), or if it would be reasonable for the managing legal practitioner to so believe, he or she shall, within a period of 14 days, take all reasonable action available to him or her to— (a) ensure that those paragraphs are complied with, and (b) remedy any defaults in compliance with those paragraphs.
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(5)Where a managing legal practitioner fails, within the period referred to in subsection (4) — (a) in accordance with paragraph (a) of that subsection, to ensure compliance as referred to in that paragraph, or (b) to remedy any defaults in accordance with paragraph (b) of that subsection, he or she shall, within 7 days of the expiration of that period, notify the Authority of such failure.
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(6)A managing legal practitioner who fails to notify the Authority in accordance with subsection (5) commits an offence.
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(7)A person who commits an offence under subsection (6) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.
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Obligations of legal practitioners in multi-disciplinary practice 109. Nothing in this Part— (a) shall be construed as preventing an act or omission on the part of a legal practitioner who is a partner in or an employee of a multi-disciplinary practice that is in contravention of this Part also being found to amount to misconduct under section 50 , or (b) derogates from the obligations, liabilities or privileges of such a legal practitioner under this Act or any other enactment or rule of law.
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Operation of multi-disciplinary practice 110. (1) A multi-disciplinary practice shall have written procedures in place, to which all partners and employees of the practice are subject, that— (a) ensure that legal services are provided by the practice in a manner that complies with paragraphs (a) and (b) of section 108
\n
(3), and (b) facilitate compliance by the managing legal practitioner with his or her obligations under this Act.
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(2)Without prejudice to the generality of subsection (1), procedures referred to in that subsection shall— (a) provide that partners and employees of the multi-disciplinary practice concerned are obliged to comply with— (i) such directions of the managing legal practitioner as he or she considers necessary to issue in order to comply with his or her obligations under this Act, and (ii)subsection (3), and (b) include such procedures as may be specified in regulations under section 116 .
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(3)A person shall not cause or induce a legal practitioner who is a partner in or an employee of a multi-disciplinary practice to provide legal services in a manner that does not comply with paragraphs (a) or (b) of section 108
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(3).
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(4)The managing legal practitioner of a multi-disciplinary practice shall ensure that— (a) separate accounting records are maintained by the multi-disciplinary practice in respect of— (i) the legal services provided by it, and (ii) the services other than legal services provided by it, (b) moneys received, held, controlled or paid by a legal practitioner who is a partner in, or an employee of, the multi-disciplinary practice, arising from the provision by the practice of legal services, are held in a separate bank account to moneys otherwise received, held or controlled by the practice, and (c) fees or other income arising from the provision by the practice of legal services are held in a separate bank account to fees or other income arising from the provision by the practice of services other than legal services.
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(5)A legal practitioner who is a partner in or employee of a multi-disciplinary practice shall not, in the provision by him or her of legal services to a client, disclose the affairs of the client to a partner or employee of the practice who is not also engaged in the provision of legal services to that client, without the express consent of the client concerned.
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(6)Subject to subsection (7), nothing in this Part shall be construed as affecting any entitlement of a person under an enactment or rule of law to inspect a multi-disciplinary practice or to obtain information from a partner in or employee of such a practice in relation to the provision by the practice of services other than legal services.
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(7)Subsection (6) shall not be construed as permitting a person referred to in that subsection to obtain information in the possession of a legal practitioner who is a partner in or employee of a multi-disciplinary practice where that information is the subject of legal privilege.
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Letter of engagement 111. A legal practitioner who is a partner in or an employee of a multi-disciplinary practice shall not provide legal services to a client of the multi-disciplinary practice unless he or she provides the client with a notice in writing which shall— (a) specify the services to be provided to the client by the multi-disciplinary practice, (b) specify which of the services referred to in paragraph (a) are to be provided by a legal practitioner, (c) specify which of the services referred to in paragraph (a) are services other than legal services, (d) specify which (if any) of the services referred to in paragraph (a) are services to which section 21 (as amended by section 29 of the Solicitors (Amendment) Act 1994 ) of the Solicitors (Amendment) Act 1960 applies, and (e) provide such additional information as may be prescribed.
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Multi-disciplinary practice to have professional indemnity insurance 112. A multi-disciplinary practice shall not provide legal services unless there is in force, at the time of the provision of such services, a policy of professional indemnity insurance which complies with regulations made under section 47 and section 26 of the Act of 1994 (if applicable).
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Saver for Compensation Fund under section 21 of Solicitors (Amendment) Act 1960 113. Nothing in this Part shall be construed as extending the obligation of the Law Society under section 21(4) (as amended by section 29 of the Solicitors (Amendment) Act 1994 ) of the Solicitors (Amendment) Act 1960 to loss sustained in consequence of dishonesty on the part of a legal practitioner who is a partner in or an employee of a legal partnership or, as the case may be, a multi-disciplinary practice or any clerk or servant of that legal practitioner arising from the provision by that legal practitioner of legal services to a client, where that legal practitioner is not a practising solicitor.
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Power of Authority to specify measures 114. (1) Where the Authority is satisfied that a provision of this Part or regulations made under it are not being, or have not been, complied with by the multi-disciplinary practice or managing legal practitioner concerned, it may, in accordance with this section, issue a direction to the multi-disciplinary practice or managing legal practitioner concerned to take such measures as are specified in the direction.
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(2)The Authority shall not issue a direction under this section unless it considers it to be necessary to ensure compliance by the multi-disciplinary practice or managing legal practitioner, as the case may be, with its or, as the case may be, his or her obligations under this Part or regulations made under it.
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(3)A direction under this section may, where the multi-disciplinary practice concerned has been found to be in breach of section 108
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(1), direct the practice to appoint, within 7 days of the date on which the notice is issued, a managing legal practitioner.
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(4)Where the Authority reasonably believes that the multi-disciplinary practice or managing legal practitioner concerned is in breach of any other provision of this Part or regulations made under it, the Authority— (a) shall send the multi-disciplinary practice or managing legal practitioner, as the case may be, a notice in writing— (i) setting out its belief and the reasons for it, (ii) setting out the measures it proposes to direct the multi-disciplinary practice or, as the case may be, the managing legal practitioner to take in order to comply with its or, as the case may be, his or her, obligation under the provision concerned, (iii) inviting the multi-disciplinary practice or managing legal practitioner, as the case may be, to make within such reasonable period as the Authority may specify in the notice, observations on the finding or proposal, or both, and (b) may, having considered any observations made by the multi-disciplinary practice or managing legal practitioner under paragraph (a)(iii), issue a direction to the multi-disciplinary practice or managing legal practitioner, directing it, or him or her, as the case may be, to take such measures, within such period as may be specified in the direction, as the Authority considers necessary to ensure compliance by the multi-disciplinary practice or managing legal practitioner, as the case may be, with the provision concerned.
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(5)A multi-disciplinary practice or managing legal practitioner may, within 21 days of the issuing to it of a direction under this section, appeal that direction to the High Court.
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(6)An appeal under subsection (5) shall be on notice to the Authority.
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(7)The High Court, on hearing an appeal under this section, may— (a) confirm the direction concerned, or (b) where it considers that the direction is oppressive, unreasonable or unnecessary, revoke or vary the direction.
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Application to High Court for order suspending or ceasing provision of legal services by multi-disciplinary practice 115. (1) Where a multi-disciplinary practice or, as the case may be, a managing legal practitioner, fails to comply with a notice under section 114 , the Authority may apply to the High Court for an order— (a) requiring the multi-disciplinary practice or managing legal practitioner to comply with the direction, (b) suspending the provision by the multi-disciplinary practice concerned of legal services, or (c) directing the multi-disciplinary practice to cease providing legal services.
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(2)An application under subsection (1) shall be on notice to the multi-disciplinary practice and managing legal practitioner concerned.
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(3)The High Court, on hearing an application for an order referred to in subsection (1)(b), may make an order that the multi-disciplinary practice be suspended from providing legal services for a specified period and subject to such terms and conditions as the Court considers appropriate.
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(4)The High Court, on hearing an application for an order referred to in subsection (1)(c), may make an order— (a) that the multi-disciplinary practice be suspended from providing legal services for a specified period and subject to such terms and conditions as the Court considers appropriate, or (b) that the multi-disciplinary practice cease providing legal services.
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(5)The jurisdiction vested in the High Court under this section shall be exercised by the President of the High Court or, if and whenever the President of the High Court so directs, by an ordinary judge of the High Court for the time being assigned in that behalf by the President of the High Court.
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(6)The Authority or the legal practitioner concerned may appeal to the Court of Appeal against an order of the High Court made under this section within a period of 21 days beginning on the date of the order and, unless the High Court or the Court of Appeal otherwise orders, the order of the High Court shall have effect pending the determination of such appeal.
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(7)Where an order is made by the High Court under subsection (3) or (4), the Authority shall as soon as practicable thereafter cause a notice stating the effect of the operative part of the order to be published in Iris Oifigiúil and shall also cause the notice to be published in such other manner as the Authority may consider appropriate.
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Regulations on operation of legal partnerships and multi-disciplinary practices 116. (1) Subject to this section, the Authority may make regulations in relation to the operation and management of— (a) legal partnerships, and (b) multi-disciplinary practices.
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(2)The Authority shall— (a) upon the commencement of section 100 or as soon as practicable thereafter, make regulations under subsection (1)(a), and (b) upon the commencement of section 102 or as soon as practicable thereafter, make regulations under subsection (1)(b).
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(3)Without prejudice to the generality of subsection (1), regulations under that subsection may provide for— (a) the standards to be observed in the provision by the practice of legal services to clients, including standards relating to: (i) the professional and ethical conduct of persons providing legal services to clients; (ii) the obligation of such persons to keep the affairs of clients confidential; (iii) the provision of information to a client in relation to the duties owed by the practice to him or her, (b) the rights, duties and responsibilities of a practice in respect of moneys received from clients, (c) the management and control of the practice so as to ensure that: (i) the standards referred to in paragraph (a) are at all times observed; (ii) it has in place appropriate systems of control, including systems for risk management and financial control; (iii) where, in the provision by it of services, a conflict of interest or potential conflict of interest arises, this is dealt with adequately and in accordance with any relevant code of conduct or professional codes; (iv) its obligations under this Act and regulations made under it are complied with, (d) the maintenance by the practice of records, (e) the regulation of the names that may be used by a practice, (f) the regulation of the advertising by the practice of its services.
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(4)Without prejudice to the generality of subsection (1), regulations under subsection (1)(b) may— (a) specify procedures that are to be included in the written procedures referred to in section 110
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(1), and (b) provide for: (i) the type or types of bank accounts that may be opened and kept by a multi-disciplinary practice, and the opening and keeping of such accounts; (ii) the accounting records to be maintained (or caused to be maintained) by a legal practitioner, who is a partner in or an employee of a multi-disciplinary practice arising from the provision by him or her of legal services, including the minimum period or periods for which accounting records shall be retained by a legal practitioner during the period of, and following the conclusion of, the provision of legal services; (iii) the keeping by a legal practitioner referred to in subparagraph (ii) of accounting records containing particulars of and information as to moneys received, held, controlled or paid by him or her arising from the provision by him or her of legal services, for or on account of a client or any other person or himself or herself.
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(5)In making regulations under this Part, the Authority shall have regard to the objectives specified in section 13
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(4)and to the following: (a) the need to ensure that the provision by a practice of legal services to its clients is of a standard that it is reasonable to expect of a legal practitioner in the provision of those services; (b) the need to ensure that a practice is operated or managed in such a way as to ensure that a legal practitioner who is a partner in or an employee of that practice has, in the provision by him or her of legal services, adequate regard to—