Solicitors Act, 1954

Solicitors Act, 1954 Skip to content Disclaimer Feedback Helpdesk Gaeilge Léim go dtí an t-ábhar Séanadh Aiseolas Deasc chabhrach English Gaeilge English Produced by the Office of the Attorney General Táirgthe ag Oifig an Ard-Aighne Home Legislation Acts of the Oireachtas Statutory Instruments Pre-1922 Legislation Constitution External Resources Bills (Houses of the Oireachtas) Iris Oifigiúil / Official Gazette Revised Acts (LRC) Classified List of Legislation (LRC) Translations (acts.ie) Translations (Houses of the Oireachtas) Government Publications for Sale EU Law (EUR-Lex) FAQ Disclaimer Feedback Helpdesk Search Baile Reachtaíocht Achtanna an Oireachtais Ionstraimí Reachtúla Reachtaíocht Réamh-1922 Bunreacht Acmhainní Seachtracha Billí (Tithe an Oireachtais) Iris Oifigiúil Achtanna Athbhreithnithe (CAD) (An Coimisiún um Athchóiriú an Dlí) Liosta Rangaithe Reachtaíochta Aistriúcháin (achtanna.ie) Aistriúcháin (Tithe an Oireachtais) Foilseacháin Rialtais ar Díol Dlí AE (EUR-Lex) CCanna (Ceisteanna Coitianta) Séanadh Aiseolas Deasc chabhrach Cuardach TitleTeideal Year(s) or rangeBliain nó blianta nó raon TypeCineál All Legislation Acts Statutory Instruments Advanced SearchCuardach Casta HomeBaile ActsAchtanna 1954 Solicitors Act, 1954 Solicitors Act, 1954 Permanent Page URL View by SectionAmharc de réir Ailt View Full ActAmharc ar an Acht Iomlán Bill History Stair Bille Commencement, Amendments, SIs made under the Act Tosach Feidhme, Leasuithe, IRí arna ndéanamh faoin Acht Print Full ActPriontáil an tAcht Iomlán Number 36 of 1954. SOLICITORS ACT, 1954. ARRANGEMENT OF SECTIONS PART I. Preliminary and General. Section 1. Short title. 2. Commencement. 3. Interpretation. 4. Performance of functions of Society. 5. Regulations generally. 6. Delegation by Chief Justice. 7. Repeals. PART II. The Registrar of Solicitors and the Roll of Solicitors. 8. Registrar of solicitors. 9. Roll of solicitors. 10. Admission and enrolment. 11. Limitation of time for certain applications to strike off roll. 12. Notification of death. PART III. The Disciplinary Committee. 13. Disciplinary Committee. 14. Applications to Disciplinary Committee. 15. Procedure where solicitor applies for removal of his name from roll. 16. Procedure where charge is made against solicitor. 17. Procedure where application is made for replacement on roll. 18. Orders by Disciplinary Committee on inquiry. 19. Powers of Disciplinary Committee as to taking evidence etc. 20. Rules regulating applications to Disciplinary Committee and inquiries. 21. Filling effect, and notice of order made by Disciplinary Committee. 22. Application of Bankers' Books Evidence Act, 1879. 23. Appeal against order of Disciplinary Committee. PART IV. Qualifying for Admission as Solicitor. 24. Requirements for admission as solicitor. 25. Requirements for admission to apprenticeship. 26. Term of indentures. 27. Evidence of good character. 28. Registration of indentures. 29. Restriction on solicitor taking or retaining apprentice. 30. Saver for service of apprentice where solicitor disqualified. 31. Prohibition on taking of apprentice. 32. Assignment of indentures or fresh indentures on death of solicitor, etc. 33. General power to discharge indentures. 34. Discharge or assignment of indentures on removal from roll, etc. 35. Order transferring indentures. 36. Number of apprentices. 37. Obligation to serve bona fide apprenticeship. 38. Holding of office or engaging in employment during apprenticeship. 39. Relief against irregularity with respect to service of apprentice. 40. Education and examinations. 41. General exemption from preliminary examination. 42. Special exemption from preliminary examination. 43. Exemptions for practising barrister of five years' standing. 44. Exemptions (reciprocal provisions.). 45. Appeals under Part IV. PART V. Practising Certificates. 46. Issue of practising certificates. 47. Application for practising certificate. 48. Date and period of validity of practising certificate. 49. Direction to refuse practising certificate. 50. Suspension of practising certificate on adjudication in bankruptcy. 51. Termination of suspension of practising certificate. 52. Effect of suspension or practising certificate. 53. Evidence of holding or not holding practising certificate. PART VI. Practice. 54. Qualifications for acting as solicitor. 55. Prohibition on unqualified person acting as solicitor. 56. Prohibition on pretending to be solicitor. 57. Costs not recoverable where solicitor acts while not qualified to practise. 58. Restriction on drawing documents, etc. 59. Prohibition on solicitor acting as agent for unqualified person. 60. Restriction on employment of person struck off roll or suspended. 61. Carrying on of practice in case of death or disability. 62. Prohibition with respect to introduction of business. 63. Disclosure of having been struck off roll, etc. 64. Bodies corporate. 65. Right of audience in certain cases. PART VII. Accounts for Solicitors. 66. Regulations for accounts. 67. Provisions with respect to banking companies. 68. Priority of claims to clients' moneys. PART VIII. The Compensation Fund. 69. Compensation Fund. 70. Contributions to Compensation Fund. PART IX. Professional Practice, Conduct and Discipline. 71. Regulations for professional practice, conduct and discipline. PART X. Miscellaneous. 72. Stamp duties. 73. Committees of the Council. 74. Inspection of file of proceedings in bankruptcy of solicitor. 75. Qualification for holding office of former barrister. 76. Cesser of limitation on value of land. 77. Prosecution of offences. 78. Amendment of bye-laws so as to conform with this Act and regulations thereunder. 79. Authentication and evidence of regulations and other documents. 80. Service of documents. 81. Notification by practising solicitor of change in place of business. 82. Fees payable to the Society. 83. Rules of Court and costs. 84. Construction of certain references. 85. Application of Attorneys' and Solicitors' Act, 1870. 86. Saver for solicitors to the Revenue Commissioners and other persons. 87. Saver for authorisation to conduct action, etc. 88. Transitional provisions. FIRST SCHEDULE. SECOND SCHEDULE. THIRD SCHEDULE. FOURTH SCHEDULE. FIFTH SCHEDULE. SIXTH SCHEDULE. Acts Referred to Interpretation Act, 1937 No. 38 of 1937 Legal Practitioners (Qualification) Act, 1929 No. 16 of 1929 Number 36 of 1954. SOLICITORS ACT, 1954. AN ACT TO PROVIDE FOR THE ADMISSION, ENROLMENT AND CONTROL OF SOLICITORS OF THE COURTS OF JUSTICE AND TO PROVIDE FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [22nd December, 1954.] BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:— PART I. Preliminary and General. Short title. 1.—This Act may be cited as the Solicitors Act, 1954. Commencement. 2.—This Act shall come into operation as follows: (a) the portions of the Act relating to the making of regulations and rules and to the issue of notices and other proceedings preliminary to holding examinations shall come into operation on the passing of the Act, (b) section 44 of this Act shall come into operation as provided for in that section, (c) the remainder of the Act shall come into operation on the 6th day of January, 1955. Interpretation. 3.—(1) In this Act— “the Council” means the Council of the Society; “the Disciplinary Committee” has the meaning assigned to it in section 13; “functions” includes powers and duties; “practice year” means any year ending on the 5th day of January; “practising certificate” has the meaning assigned to it in section 46; “prescribed” means prescribed by regulations made by the Society; “the register of practising solicitors” has the meaning assigned to it in section 47; “registrar” has the meaning assigned to it in section 8; “the roll” has the meaning assigned to it in section 9; “the Society” means the Incorporated Law Society of Ireland; “solicitor” means a solicitor of the Courts of Justice; “solicitor in the full-time service of the State” has the meaning assigned to it in subsection (3) of section 54; “solicitor qualified to practise” has the meaning assigned to it in subsection (1) of section 54; “trust” and “trustee” extend to implied or constructive trusts and to cases where the trustee has a beneficial interest in the trust property, and to the duties incident to the office of a personal representative, and “trustee”, where the context admits, includes a personal representative; “unqualified person” means— (a) a solicitor who is not a solicitor qualified to practise, or (b) a person who is not a solicitor. (2) A reference in this Act to performance of functions includes, as respects powers, a reference to exercise of those powers. (3) A reference in this Act to contravention of a provision includes, where appropriate, a reference to refusal or failure to comply with that provision. (4) A reference in this Act to the Chief Justice shall, where the function in question stands delegated under section 6 of this Act to a judge of the Supreme Court or High Court, be construed as a reference to that judge. Performance of functions of Society. 4.—The functions vested in the Society by or under this Act shall be performed by the Council. Regulations generally. 5.—(1) The Society may make regulations in relation to any matter or thing referred to in this Act as prescribed or to be prescribed or as being the subject of regulations. (2) The Society may make regulations for the purpose of the execution of the provisions of this Act. (3) Every regulation made under this Act shall be laid by the Society before each House of the Oireachtas as soon as may be after it is made. Delegation by Chief Justice. 6.—(1) The Chief Justice may delegate any of his functions under this Act to any judge of the Supreme Court or High Court. (2) The Chief Justice may revoke any delegation which he has made under subsection (1) of this section. Repeals. 7.—(1) The enactments mentioned in the First Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule. (2) A reference in a document to an Act or portion of an Act repealed by this Act shall be construed as a reference to this Act or the corresponding portion of this Act and a register, roll or list under an Act repealed by this Act shall be deemed part of the corresponding register, roll or list under this Act. (3) Nothing in this Act shall affect the general application of the Interpretation Act, 1937 (No. 38 of 1937), with regard to the effect of repeals. PART II. The Registrar of Solicitors and the Roll of Solicitors. Registrar of solicitors. 8.—(1) There shall be a registrar of solicitors (in this Act referred to as the registrar). (2) The Society shall appoint their secretary or some other suitable person to be the registrar. (3) The registrar shall be appointed on such terms and conditions, and with such emoluments (if any) payable out of the funds of the Society, as the Society determines. (4) The Society may remove the registrar from office. (5) The Society may appoint a deputy to act as the registrar for a period and the functions of the registrar shall be performed by the deputy during that period. Roll of solicitors. 9.—(1) The registrar shall maintain an alphabetical list of solicitors (in this Act referred to as the roll). (2) The registrar shall keep the roll available for public inspection during office hours without payment. Admission and enrolment. 10.—(1) A person who has fulfilled such of the requirements of Part IV of this Act as apply in relation to him may apply to the Chief Justice to be admitted as a solicitor. (2) On receiving an application in accordance with subsection (1) of this section, the Chief Justice, unless cause to the contrary is shown to his satisfaction, shall, by instrument in writing, admit the applicant as a solicitor. (3) A person admitted as a solicitor may apply to the registrar to have his name entered on the roll and the registrar, on production of the instrument by which he was admitted, shall enter the name of such person on the roll. Limitation of time for certain applications to strike off roll. 11.—(1) A solicitor shall not be liable to have his name struck off the roll on account of a defect in his indentures of apprenticeship, or in the registration thereof or his service thereunder, or in his admission and enrolment, unless the application to strike his name off the roll is made within twelve months after the date of his enrolment. (2) Subsection (1) of this section shall not apply where fraud is proved to have been committed in connection with the indentures, registration, service, admission or enrolment. Notification of death. 12.—A registrar of deaths shall, where an entry is made in the register of deaths concerning a person whose name is on the roll, forthwith send by post to the registrar a certified copy of the entry, and may charge the cost of the certificate and of the sending thereof to the registrar as an expense of his office of registrar of deaths. PART III. The Disciplinary Committee. Disciplinary Committee. 13.—(1) The Society shall appoint annually, from among members of the Council and such former members of the Council as are practising as solicitors, a disciplinary committee (in this Act referred to as the Disciplinary Committee) consisting of not less than seven and not more than ten persons. (2) The Society may remove a member of the Disciplinary Committee, may fill a vacancy therein and, subject to the limits stated in subsection (1) of this section, may increase or reduce the number of persons thereon. (3) The members of the Disciplinary Committee shall go out of office on their successors being appointed under subsection (1) of this section, but any such member shall be eligible for reappointment. (4) The Disciplinary Committee may act notwithstanding one or more than one vacancy in their membership. (5) The quorum of the Disciplinary Committee shall be five. (6) An appointment or removal under subsection (1) or (2) of this section shall not be made save with the approval of the Chief Justice. Applications to Disciplinary Committee. 14.—(1) The following applications shall be made to the Disciplinary Committee: (a) an application by a solicitor to procure the removal of his name from the roll, (b) an application by another person or the Society to strike the name of a solicitor off the roll on any of the following grounds: (i) that the solicitor has been guilty of misconduct, including conduct tending to bring the solicitors' profession into disrepute, (ii) that the solicitor has contravened a provision of this Act or of an order or regulation made under this Act, (iii) that the solicitor has been convicted of treason or of a felony or misdemeanour or has been convicted outside the State of a crime or offence which would be a felony or misdemeanour if committed in the State, (c) an application to require a solicitor to answer allegations contained in an affidavit, (d) an application for replacement on the roll of a name which has been removed from or struck off the roll. (2) An application under this section shall be in writing, shall be signed by the applicant and shall be sent to the Disciplinary Committee together with— (a) an affidavit by the applicant setting forth the matters relied on in support of the application, and (b) the documents relied on in support of the application or copies of those documents. (3) The Chief Justice or any judge of the High Court may, notwithstanding anything contained in this Act, exercise any jurisdiction over solicitors which he might have exercised if this Act had not been passed. Procedure where solicitor applies for removal of his name from roll. 15.—Where an application under paragraph (a) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and— (a) if they decide that the applicant is entitled to have his name removed from the roll without further inquiry, they shall order accordingly, (b) if they decide that there is cause for inquiry, they shall hold an inquiry. Procedure where charge is made against solicitor. 16.—(1) Where an application under paragraph (b) or (c) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and— (a) if they decide that a prima facie case has not been shown, they shall so notify the applicant and the solicitor and shall take no further action, (b) if they decide that a prima facie case has been shown, they shall serve on the solicitor— (i) a copy of the application, (ii) a copy of the affidavit, (iii) copies of the documents or, at the discretion of the registrar, a list of the documents, and (iv) a notice requiring the solicitor to send to the Disciplinary Committee, within a specified period, an affidavit by him in answer to the application, together with any documents, or copies thereof, which he relies on in support of his answer. (2) Where a notice under subsection (1) of this section is served, either party may inspect the documents furnished by the other. (3) After the expiration of the period specified in a notice under subsection (1) of this section, the Disciplinary Committee shall consider the application and the supporting affidavit and documents and such (if any) affidavit and documents as have been furnished by the solicitor and— (a) if they decide that there is no cause for further inquiry, they shall so notify the applicant and the solicitor and shall take no further action, (b) if they decide that there is cause for inquiry, they shall hold an inquiry. (4) Where an applicant has been notified under paragraph (a) of subsection (1) or paragraph (a) of subsection (3) of this section, the Disciplinary Committee shall, if so required by the applicant, make a formal order embodying their decision. Procedure where application is made for replacement on roll. 17.—Where an application under paragraph (d) of subsection (1) of section 14 of this Act is duly made, the Disciplinary Committee shall consider the application and supporting affidavit and documents and shall by order either refuse the application or direct that the name in question be replaced on the roll. Orders by Disciplinary Committee on inquiry. 18.—(1) Where the Disciplinary Committee hold an inquiry, they may make an order providing for one or more of the following: (a) the dismissal of the application, (b) the admonishment of the solicitor, (c) the suspension of the solicitor from practice, (d) the removal from or striking off the roll of the name of the solicitor, (e) the payment by any party to the inquiry of costs, or of a stated sum as a contribution towards costs, (f) the making by the solicitor of such restitution or satisfaction to any aggrieved party as the Disciplinary Committee think fit. (2) The Disciplinary Committee may postpone the making of an order under this section. (3) Where the making of an order under this section is postponed, the Disciplinary Committee may, on request made to them in that behalf when the matter is considered after the postponement, allow the application to be withdrawn without any order being made under this section. (4) The Disciplinary Committee may, on the application of the solicitor to whom an order under this section relates, suspend the operation of the order pending an appeal under subsection (1) of section 23 of this Act. (5) An order under this section shall not, while suspended, be filed or enforceable under subsection (1) of section 21 of this Act. Powers of Disciplinary Committee as to taking evidence etc. 19.—(1) The Disciplinary Committee shall, on an inquiry held by them, have the powers, rights and privileges, vested in the High Court or a judge thereof on the occasion of an action, in respect of— (a) the enforcement of the attendance of witnesses and their examination on oath or otherwise, and (b) the compelling of the production of documents, and a summons signed by a member of the Disciplinary Committee may be substituted for and shall be equivalent to any formal process capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents. (2) Where the Disciplinary Committee hold an inquiry and a person— (a) on being duly summoned as a witness at the inquiry makes default in attending, (b) being in attendance as a witness at the inquiry refuses to take an oath legally required by the Disciplinary Committee to be taken, or to produce any document in his power or control legally required by the Disciplinary Committee to be produced by him or to answer any question to which the Disciplinary Committee may legally require an answer, or (c) does any other thing which, if the Disciplinary Committee were a court of law having power to commit for contempt, would be contempt of the court, the offence of that person may, by certificate signed by two members of the Disciplinary Committee, be certified to the High Court and the High Court may thereupon inquire into the alleged offence and, after hearing any witnesses who may be produced against or on behalf of the person charged with the offence and any statement that may be offered in defence, punish or take steps for the punishment of that person in like manner as if he had been guilty of contempt of the High Court. (3) A witness at an inquiry held by the Disciplinary Committee shall be entitled to the same immunities and privileges as if he were a witness before the High Court. Rules regulating applications to Disciplinary Committee and inquiries. 20.—(1) The Disciplinary Committee, with the concurrence of the Chief Justice, may make rules regulating applications to the Disciplinary Committee and the hearing, conduct and determination of such applications and of inquiries held by the Disciplinary Committee. (2) Rules under this section may provide, in particular, for extending the period for the furnishing of any affidavit or document, or for receiving an application or affidavit notwithstanding any irregularity in its form, where it appears to the Disciplinary Committee to be just to do so. (3) Rules under this section may provide for award of costs and for taxation thereof by a Taxing Master of the High Court (subject to appeal to the High Court) under the scale of costs applicable to High Court proceedings, and any costs so taxed shall be recoverable as if they had been taxed under an order of the High Court. Filing, effect and notice of order made by Disciplinary Committee. 21.—(1) An order made by the Disciplinary Committee shall contain a statement of their findings and shall be signed by two of their members and filed with the registrar, and as soon as it has been so filed shall be acted upon by the registrar and be enforceable as if it were a judgement or order of the High Court. (2) Where, by an order made by the Disciplinary Committee, the name of a solicitor is ordered to be removed from or struck off the roll or a solicitor is suspended from practice, the registrar shall, unless the Disciplinary Committee otherwise direct, forthwith 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 Disciplinary Committee may direct. (3) The registrar shall maintain separate files on which all orders made by the Disciplinary Committee shall be entered in the following manner: (a) on a file to be termed File A, there shall be entered, in alphabetical order of the names of the solicitors concerned, each order directing that the name of a solicitor is to be removed from or struck off the roll or that a solicitor be suspended from practice, (b) on a file to be termed File B, there shall be entered, in order of date, all other orders. (4) On receipt of a copy of an order made on an appeal under section 23 of this Act, the registrar shall enter the order on File A or File B (as may be appropriate). (5) The registrar shall furnish a copy of an entry on File A or File B to a person who applies in writing for such copy. (6) Notwithstanding subsection (5) of this section, where— (a) application is made for a copy of an entry on File B, being an entry under a date which is earlier than two years before the date of the application, or (b) application is made for a copy of an entry on File A or File B, being an entry as respects which the Disciplinary Committee have directed the insertion of a note that the furnishing of a copy thereof might cause injustice, a copy of the entry shall (save where the copy is furnished under an order of a court) be furnished only by permission in writing of the Society. Application of Bankers' Books Evidence Act, 1879. 22.—An application to or an inquiry or other proceeding before the Disciplinary Committee shall be a legal proceeding within the meaning of that expression as used in the Bankers' Books Evidence Act, 1879. Appeal against order of Disciplinary Committee. 23.—(1) An appeal against an order made by the Disciplinary Committee shall lie to the Chief Justice at the instance either of the applicant to the Disciplinary Committee or of the solicitor to whom the order relates. (2) An appeal shall also lie to the Chief Justice against the refusal of the Disciplinary Committee to suspend the operation of an order under section 18. (3) The Society shall be entitled to appear and to be heard upon the hearing of an appeal under this section. (4) A copy of an order made on an appeal under this section shall be sent to the registrar. PART IV. Qualifying for Admission as Solicitor. Requirements for admission as solicitor. 24.—Subject to this Part of this Act, a person shall not be admitted as a solicitor unless— (a) he has attained the age of 21 years, (b) he has been bound by indentures of apprenticeship to serve as an apprentice to a practising solicitor for the appropriate term and has satisfied the Society that he has duly served under such indentures, (c) he has obtained from the Society a certificate or certificates certifying that he has passed the appropriate prescribed examinations, and (d) he has complied with any prescribed requirements as to service under indentures of apprenticeship and admission of persons to be solicitors or compliance therewith has been waived by the Society. Requirements for admission to apprenticeship. 25.—Subject to this Part of this Act, a person shall not be capable of being bound by indentures of apprenticeship to serve as an apprentice to a solicitor unless— (a) he has attained the age of 17 years, (b) he has obtained from the Society a certificate or certificates certifying that he has passed the appropriate prescribed examinations, (c) he has obtained the consent of the Society provided for by section 27 of this Act, and (d) he has fulfilled any prescribed requirements as to admission to apprenticeship or compliance therewith has been waived by the Society. Term of indentures. 26.—The term of indentures of apprenticeship to a practising solicitor shall be determined in accordance with the provisions contained in the Second Schedule to this Act. Evidence of good character. 27.—(1) Not less than six weeks before a person becomes bound by indentures of apprenticeship, he shall give notice to the Society of his intention so to do and shall furnish the Society with the prescribed evidence of his character. (2) Where the Society are satisfied with the evidence furnished pursuant to this section by a person and with the information obtained from any inquiries that they think proper to make, they shall issue their written consent to the entry of such person into indentures of apprenticeship. (3) The registrar shall refuse to register indentures of apprenticeship produced to him under section 28 of this Act unless the indentures are accompanied by a consent issued under this section and dated not earlier than six months before the date of the indentures. (4) Service of an apprentice under indentures of apprenticeship of which registration has been refused under this section shall be deemed not to be good service by the apprentice under his indentures. Registration of indentures. 28.—(1) Indentures of apprenticeship shall be produced to the registrar for registration and the registrar, on being satisfied by statutory declaration or such other evidence as he considers sufficient of the due execution of the indentures, shall enter in a register the names and addresses of the parties to the indentures, the date thereof and the date of the making of the entry. (2) The register under this section shall be kept available for public inspection during office hours without payment. (3) Where the indentures of apprenticeship of an apprentice are not produced to the registrar for registration within six months from the date thereof, the service of the apprentice shall, unless the Society otherwise direct, be reckoned as commencing only upon the date of the production of the indentures. (4) The provisions of this section with respect to the production and entry of indentures shall apply in the case of fresh indentures, and in the case of an assignment or transfer of indentures under section 32 or under an order under section 34 or 35 of this Act, in the same manner as they apply in the case of original indentures. Restriction on solicitor taking or retaining apprentice. 29.—(1) A solicitor shall not take any apprentice after such solicitor has ceased to practise or to be a solicitor qualified to practise, or while such solicitor is employed as an assistant or clerk by another solicitor. (2) A solicitor who has not at some time been in continuous practice as a solicitor for a period of seven years shall not, without special leave of the Society, take any apprentice. (3) Regulations may restrict the taking of apprentices by solicitors who are in the whole time employment of bodies corporate. (4) Where a solicitor who is retaining an apprentice ceases to practise or to be a solicitor qualified to practise or becomes employed as an assistant or clerk to another solicitor, he shall not retain the apprentice for longer than six months thereafter. (5) Service by an apprentice to a solicitor who has taken him in contravention of subsection (1), subsection (2) or regulations made for the purposes of subsection (3) of this section or service by an apprentice to a solicitor during any period when such solicitor retained him in contravention of subsection (4) of this section shall, unless the Society direct otherwise, be deemed not to be good service by the apprentice under his indentures of apprenticeship. Saver for service of apprentice where solicitor disqualified. 30.—A person shall not be disqualified for admission as a solicitor or be liable to be struck off the roll— (a) by reason of a solicitor, whom he served under indentures of apprenticeship for the whole or part of the term required by this Act, having neglected or omitted to take out a practising certificate, or (b) by reason of a solicitor to whom he was bound by indentures of apprenticeship ceasing, after the termination of the period for which he was bound, to be a solicitor qualified to practise. Prohibition on taking of apprentice. 31.—(1) In a case in which the Society have directed, or have power to direct, the registrar to refuse the application of a solicitor for a practising certificate, they may, by notice in writing served on the solicitor, prohibit him from taking any apprentice, and thereupon the solicitor shall not take any apprentice unless and until the Society withdraw the prohibition. (2) Service by an apprentice to a solicitor who has taken him in contravention of a prohibition in force under this section shall, unless the Society direct otherwise, be deemed not to be good service by the apprentice under his indentures. (3) Where under this section the Society prohibit a solicitor from taking any apprentice, they may, of their own motion, by order, discharge the indentures of any apprentice then already apprenticed to that solicitor upon such terms, including terms as to return of premium, as they think fit, and determine what period (if any) of service by the apprentice under the indentures shall be deemed good service. Assignment of indentures or fresh indentures on death of solicitor, etc. 32.—Where, before the expiration of the term for which an apprentice is bound— (a) the solicitor dies or ceases to practise as a solicitor, (b) the indentures of apprenticeship are cancelled by mutual consent, or (c) the indentures of apprenticeship are discharged by virtue of an order of the Society or of any court or otherwise, the apprentice may be bound by an assignment of the indentures, or by fresh indentures, to another solicitor for the residue of the said term. General power to discharge indentures. 33.—Where the Society are satisfied, on the application either of the solicitor or the apprentice, that indentures of apprenticeship ought to be discharged, they may by order discharge the indentures on such terms, including terms as to return of premium, as they chink fit, and determine what period (if any) of service by the apprentice under the indentures shall be deemed good service. Discharge or assignment of indentures on removal from roll, etc. 34.—(1) Where, before the expiration of the term for which an apprentice is bound, the solicitor— (a) is removed from or struck off the roll, (b) becomes bankrupt, (c) is imprisoned and remains in prison for a period of or exceeding twenty-one days, (d) becomes of unsound mind, or (e) has been absent from the State for a period exceeding six months, or for two or more periods which were within twelve consecutive months and exceeded in the aggregate six months, without the consent of the Society or without complying with such terms and conditions as the Society may have fixed in relation to such absence, the Society, on the application of the apprentice, may by order discharge the indentures of apprenticeship or, with the consent of another solicitor, by order direct that they shall be assigned to that solicitor on such terms and in such manner as the Society think fit. (2) Nothing in this section shall affect any power of a court in relation to indentures of apprenticeship. Order transferring indentures. 35.—Where— (a) an apprentice to a solicitor requires an assignment of his indentures of apprenticeship to be made under section 32 or under an order under section 34 of this Act, and (b) the Society, on the application of the apprentice, are satisfied that a difficulty exists in procuring the execution of the assignment, the Society may, with the consent of another solicitor, by order transfer the indentures of apprenticeship to that solicitor. Number of apprentices. 36.—(1) A solicitor shall not have more than one apprentice at the same time. (2) Notwithstanding subsection (1) of this section, a solicitor may have two apprentices at the same time under a written consent of the Society, but the Society shall not grant any such consent except in special circumstances. Such consent shall not be withheld where the two apprentices are the children of the solicitor or where the second apprentice is the child of the solicitor and the first apprentice has been apprenticed with the solicitor for not less than two years. Obligation to serve bona fide apprenticeship. 37.—An apprentice shall, during the whole term of his indentures, serve a bona fide apprenticeship to the solicitor to whom he is bound. Holding of office or engaging in employment during apprenticeship. 38.—(1) An apprentice shall not hold any office or engage in any employment other than employment under his apprenticeship unless, before doing so, he obtains the consent in writing of the solicitor to whom he is bound and the consent of the Society. (2) The following provisions shall have effect with respect to a consent by the Society for the purposes of this section: (a) the consent shall be by order of the Society, (b) before making the order, the Society shall be satisfied that the holding of the office or the engagement in the employment will not prejudice the applicant's work as an apprentice, (c) the order may impose on the applicant such terms and conditions regarding the office or employment and the applicant's service as an apprentice as the Society think fit, (d) where terms or conditions are so imposed, the applicant shall, before being admitted as a solicitor, satisfy the Society that he has fulfilled those terms or conditions. Relief against irregularity with respect to service of apprentice. 39.—(1) The Society may grant relief to an apprentice against an irregularity with respect to his service under indentures of apprenticeship to such extent and on such terms as the Society think fit. (2) In this section, the word “irregularity” includes a contravention of a provision made by or under this or any other Act. Education and examinations. 40.—(1) The Society may— (a) provide educational facilities, including lectures, classes and other teaching, (b) hold examinations, (c) appoint professors, lecturers and examiners. (2) Provision may be made by regulations for ascertaining— (a) the fitness and capacity of solicitors proposing to take apprentices to teach such apprentices, (b) the progress made by apprentices in acquiring knowledge of the theory and practice of the law. (3) Regulations for the purposes of this section shall provide— (a) for the holding by the Society at least once in every year of— (i) a first examination in the Irish language, that is to say, an examination in that language of persons seeking to be bound under indentures of apprenticeship, and (ii) a second examination in the Irish language, that is to say, an examination in that language of persons seeking to be admitted as solicitors, (b) for both of such examinations being obligatory except for persons who were over the age of fifteen years on the 1st day of October, 1929, (c) for such second examination being so conducted and of such nature as to secure that persons who pass it have a competent knowledge of the Irish language, that is to say, such a degree of oral and written proficiency in the use of the language as is sufficient to enable a solicitor efficiently to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language, (d) for requiring that such second examination shall be passed within two years before the expiration of the term of apprenticeship or within two years before admission as a solicitor. (4) Regulations for the purposes of this section shall provide for the holding by the Society at least once in every year of— (a) a preliminary examination, that is to say, an examination of persons seeking to be bound under indentures of apprenticeship, and (b) a final examination, that is to say, an examination of persons seeking to be admitted as solicitors, which may be divided, if the Society so think fit, into two or more parts. (5) Without prejudice to the generality of the foregoing subsections, regulations for the purposes of this section may provide for— (a) the holding by the Society, in addition to the examinations mentioned in the foregoing subsections, of other examinations to ascertain the progress of apprentices and of persons seeking to be admitted as solicitors, (b) restricting the taking of apprentices to solicitors whose fitness and capacity to teach apprentices is satisfactory, (c) attendance of apprentices or intending apprentices at lectures, classes, debates and other teaching or training, whether provided by the Society or otherwise, and the course of study and training to be followed by those persons, (d) times when candidates will be eligible to take examinations, (e) subjects for and the mode of conducting examinations, (f) standards of efficiency to be obtained at examinations, (g) times, places and notices of examinations, (h) certificates of having passed examinations, (i) the control and discipline of apprentices, (j) the exemption, subject to this Act, from examinations in whole or in part of persons who produce satisfactory evidence that they have acquired special qualifications. (6) A person shall not be appointed under this section as examiner in the Irish language save with the approval of the Minister for Education. General exemption from preliminary examination. 41.—A certificate of his having passed the preliminary examination of the Society shall not be required— (a) from a person to whom paragraph 1 or 4 of the Second Schedule to this Act applies, or (b) from a person who has passed an examination declared by regulations to be equivalent to the preliminary examination of the Society. Special exemption from preliminary examination. 42.—The Society may, in special circumstances, exempt a person from the preliminary examination of the Society, or any part thereof, either unconditionally or subject to such conditions as they think fit. Exemptions for practising barrister of five years' standing. 43.—(1) This section applies to a person— (a) who proposes to become a solicitor, (b) who has been called to the bar and practised continuously as a barrister for five years or longer during the ten years ending on the date of the final examination of the Society for which he proposes to sit, (c) who has procured himself to be disbarred with a view to becoming a solicitor, and (d) who has obtained from two of the Benchers of the Honourable Society of the King's Inns, Dublin, a certificate, dated not earlier than six months before the date of the said final examination, of his being a fit and proper person to practise as a solicitor. (2) The following provisions shall have effect in relation to a person to whom this section applies: (a) he shall not be required to obtain a certificate of his having passed any examination of the Society other than the final examination and (if obligatory on him) the second examination in the Irish language, (b) he shall be entitled, without being bound or serving as an apprentice to a solicitor, to apply to present himself for the final examination, (c) on passing the final examination (except so much of that examination as relates to indentures of apprenticeship and service thereunder) and (if obligatory on him) the second examination in the Irish language, he shall be entitled to apply to be admitted and enrolled as a solicitor. Exemptions (reciprocal provisions.). 44.—(1) In this section “corresponding certificate” means a certificate issued by the Incorporated Law Society of Northern Ireland and corresponding to a practising certificate. (2) This section applies to a person— (a) who proposes to become a solicitor, and (b) who, during a continuous period of three years or longer, has held corresponding certificates. (3) The following provisions shall have effect in relation to a person to whom this section applies:— (a) he shall not be required to obtain a certificate of his having passed any examination of the Society other than an examination to ascertain whether he has an adequate knowledge of the legislation in force in the State and (if obligatory on him) the second examination in the Irish language; (b) in order to present himself for the examination to ascertain whether he has an adequate knowledge of the legislation in force in the State, it shall be necessary for him to be the holder of a corresponding certificate, but he shall be entitled to present himself for that examination without being bound or serving as an apprentice; (c) on passing that examination and (if obligatory on him) the second examination in the Irish language, he shall be entitled to apply to be admitted and enrolled as a solicitor. (4) The Government may by order appoint a day for the coming into operation of the provisions of this section, being a day on which the Government are satisfied that reciprocal provisions will be in operation in relation to solicitors holding practising certificates. Appeals under Part IV. 45.—An appeal shall lie to the Chief Justice in the case of the exercise or refusal of exercise of a power conferred on the Society by subsection (3) of section 28 , subsection (5) of section 29 , subsection (2) or (3) of section 31 , section 33 , subsection (1) of section 34 , section 35 , section 38 , section 39 or section 42 of this Act. PART V. Practising Certificates. Issue of practising certificates. 46.—The registrar shall issue in accordance with this Part of this Act certificates (in this Act referred to as practising certificates) certifying that the solicitors named therein are entitled to practise as solicitors. Application for practising certificate. 47.—(1) A solicitor applying for a practising certificate shall, in person or by his agent, deliver to the registrar a declaration which— (a) shall be in the form set out in the Third Schedule to this Act or in a form to the like effect approved of by the Society, and (b) shall be completed and signed by the applicant personally. (2) Notwithstanding subsection (1) of this section, the registrar, on the ground of illness or absence abroad of the applicant or on any other ground considered by the registrar sufficient, may, either unconditionally or subject to conditions, dispense with signature of a declaration under this section by the applicant personally and may accept a declaration in a form to the like effect which has been completed and signed by a partner of the applicant or by some other person approved of by the registrar. (3) The registrar shall enter in a register (in this Act referred to as the register of practising solicitors) the following particulars contained in a declaration under this section, that is to say: (a) the full name of the solicitor, (b) his place or places of business, and (c) the date of his admission. (4) The register of practising solicitors shall be kept available for public inspection during office hours without payment. (5) Subject to the provisions of this Act, the registrar, if satisfied that the name of an applicant under this section is on the roll, shall, within fourteen days after the delivery to him of the declaration, deliver to the applicant or his authorised agent on demand a practising certificate in the form set out in the Fourth Schedule to this Act or in a form to the like effect. (6) Where the registrar wrongly refuses or neglects to issue a practising certificate, the applicant may apply to the Chief Justice for relief and the Chief Justice may make such order in the matter as he considers just. Date and period of validity of practising certificate. 48.—(1) A practising certificate issued during the period beginning on the 6th day of January in any year and ending on the next following 5th day of February shall bear the date of the said 6th day of January and a practising certificate not so issued shall bear the date of the day on which it is issued. (2) A practising certificate shall, subject to subsection (3) of this section, be in force as on and from the day of which it bears the date. (3) The Chief Justice may, on application made to him in that behalf, direct that, on payment by the applicant to the Society of such amount as may be fixed by the Chief Justice, a practising certificate which bears a date later than the 5th day of February in any practice year shall, either unconditionally or subject to specified conditions, be in force as on and from a specified date which is earlier than the date borne by the certificate and not earlier than the first day of that practice year. (4) The Society shall be entitled to appear and to be heard upon the hearing of an application under subsection (3) of this section and the registrar shall be notified of the result of the application. (5) The registrar shall enter in the register of practising solicitors a note of the date borne by a practising certificate and, where the Chief Justice directs that the certificate shall be in force as on and from a date earlier than the date borne by the certificate, a note of the earlier date. (6) A practising certificate which is in force shall continue in force until the end of the practice year during which it was issued and shall then expire. Direction to refuse practising certificate. 49.—(1) This section applies to the following cases where a solicitor applies for a practising certificate: (a) having, for twelve months or more, ceased to hold a practising certificate in force (exclusive of cases in which the applicant has practised as a solicitor in the full-time service of the State within twelve months before his application), (b) having been suspended from practice, the period of the suspension has expired, (c) having been struck off the roll, his name has been restored thereto, (d) not having held a practising certificate in force within twelve months following the date of his admission to the roll, (e) being a person in respect of whose person or property any of the powers and provisions of the Lunacy Regulation (Ireland) Act, 1871, or any Act amending or extending that Act, relating to management and administration of property apply, (f) having an office or place of business in more than one place at any one time (disregarding, where he has a Dublin agent, the office or place of business of such agent) and having been invited by the Society to satisfy them that he exercises adequate personal supervision over each office or place of business, he has failed to satisfy the Society as aforesaid and has been notified in writing by the Society that he has so failed, (g) having been invited by the Society to give an explanation in respect of any matter affecting his conduct, he has failed to give to the Society an explanation in respect of that matter which the Society regard as sufficient and satisfactory, and has been notified in writing by the Society that he has so failed, (h) an order of attachment having been made against him, (i) a judgment or decree having been given against him which— (i) involves the payment of moneys other than costs, and (ii) is not a judgment or decree in relation to which he is entitled, as respects the whole effect of the judgment or decree upon him, to indemnity or relief from any other person, he has not produced to the registrar evidence of the satisfaction of such judgment or decree, (j) having been adjudicated a bankrupt, (k) having entered into a composition with his creditors or a deed of arrangement for the benefit of his creditors, (l) having contravened an order of the Disciplinary Committee directing any payment to be made by him. (2) Where a solicitor applies for a practising certificate in a case to which this section applies— (a) he shall, unless the Society otherwise order, give to the registrar, at least three weeks before the application is made, notice of his intention to make the application, (b) the Society may direct the registrar— (i) to refuse to issue a certificate, (ii) to issue a certificate unconditionally, or (iii) to issue a certificate subject to such terms and conditions as the Society think fit, (c) if the Society direct the registrar to refuse to issue a certificate or to issue a certificate subject to terms and conditions, the solicitor shall be notified in writing of the direction and the grounds on which it was given. (3) Where— (a) the Society have directed the registrar under subsection (2) of this section to refuse to issue a practising certificate, and (b) the applicant satisfies the Society that he has appealed to the Chief Justice under subsection (5) of this section against the direction, the following provisions shall have effect: (i) the Society, notwithstanding that they have already given the direction, shall cause the registrar to issue a practising certificate to the applicant and (ii) if at any time the Society satisfy the Chief Justice that the applicant has delayed unduly in proceeding with his appeal, the Chief Justice may dismiss the appeal and suspend the practising certificate. (4) Where, in a case referred to in paragraph (h) or paragraph (i) of subsection (1) of this section, an appeal has been made to the appropriate court against the order of attachment, judgment or decree (as the case may be), the application for a practising certificate shall not be refused pending the determination of the appeal unless, in the opinion of the Society, the proceedings on the appeal have been unduly protracted by the appellant. (5) Within one month after being notified of a direction of the Society under subsection (2) of this section, the applicant may appeal against the direction to refuse or against the terms and conditions (as the case may be) to the Chief Justice, and the Chief Justice may— (a) in case the appeal is against a direction to refuse— (i) refuse the appeal and suspend any practising certificate already issued, or (ii) discharge the direction without giving any direction as to any practising certificate already issued or to be issued, or (iii) discharge the direction and direct that any practising certificate already issued, or any practising certificate to be issued, shall be subject to such terms and conditions as the Chief Justice considers proper, or (b) in case the appeal is against terms and conditions, refuse the appeal or vary or discharge the terms and conditions. (6) A suspension under subsection (5) of this section of a practising certificate shall continue until the certificate expires. (7) The registrar shall cause a note of a suspension under subsection (5) of this section of a practising certificate to be entered against the name of the solicitor in the register of practising solicitors. (8) Where, having regard to the facts of a case to which this section applies— (a) the Society have directed the registrar under subsection (2) of this section to issue a practising certificate unconditionally, or (b) the Chief Justice, on an appeal under subsection (5) of this section, discharges a direction to refuse a practising certificate without giving any direction as to any practising certificate already issued or to be issued or discharges terms or conditions, this section shall cease to apply to the case by reason of those facts. Suspension of practising certificate on adjudication in bankruptcy. 50.—(1) Adjudication in bankruptcy of a solicitor shall operate immediately to suspend his practising certificate (if any) until— (a) the certificate expires, or (b) the adjudication in bankruptcy is annulled and an office copy of the order annulling the adjudication is served on the registrar, or (c) the suspension is terminated by order under section 51 of this Act, whichever first occurs. (2) The registrar shall cause a note of the suspension under this section of a practising certificate to be entered against the name of the solicitor in the register of practising solicitors. Termination of suspension of practising certificate. 51.—(1) Where a practising certificate is suspended by virtue of section 50 of this Act, the solicitor may, at any time before the certificate expires and the adjudication in bankruptcy is annulled, apply to the Society to terminate the suspension and the Society may by order terminate the suspension unconditionally or subject to such terms and conditions as they think fit or refuse the application. (2) Where the Society, on an application under subsection (1) of this section, refuse the application or terminate the suspension subject to any terms or conditions, the solicitor may appeal to the Chief Justice, and the Chief Justice may terminate the suspension unconditionally or subject to such terms and conditions as he thinks fit, vary any terms or conditions to which the termination of the suspension has been made subject or refuse the appeal. (3) Where the suspension of the practising certificate of a solicitor is terminated by annulment of the adjudication in bankruptcy of the solicitor and service on the registrar of an office copy of the order annulling the adjudication, or by order of the Society or the Chief Justice under this section, the registrar shall forthwith cause a note of the termination of the suspension to be entered against the name of the solicitor in the register of practising solicitors and, if so requested in writing by the solicitor, cause a notice thereof to be published, at the expense of the solicitor, in Iris Oifigiúil. Effect of suspension of practising certificate. 52.—So long as the suspension of a practising certificate continues, the certificate shall, notwithstanding any other provision of this Act, be regarded for the purposes of section 54 of this Act as being not in force. Evidence of holding or not holding practising certificate. 53.—(1) A list purporting to be published by the authority of the Society and to contain the names of the solicitors who have obtained practising certificates for the current practice year before the 6th day of February in that year shall, until the contrary is proved, be evidence that the persons named on the list are solicitors holding those certificates. (2) The absence from a list referred to in subsection (1) of this section of the name of a person shall, until the contrary is proved, be evidence that that person is not the holder of a practising certificate for the current practice year, but in the case of any such person, a document, purporting to be an extract from the register of practising solicitors and to be certified as correct by the registrar shall be evidence of the facts appearing in the extract. PART VI. Practice. Qualifications for acting as solicitor. 54.—(1) A solicitor who has the qualifications specified in subsection (2) of this section may act as a solicitor and is referred to in this Act as a solicitor qualified to practise. (2) The qualifications referred to in subsection (1) of this section are:— (a) that the name of the solicitor is on the roll; (b) that he does not stand suspended from practice; and (c) that either he is a solicitor in the full-time service of the State or a practising certificate in respect of him is in force. (3) A solicitor shall be regarded as a solicitor in the full-time service of the State if and while he is required to devote the whole of his time to the service of the State as solicitor and is remunerated in respect of such service wholly out of moneys provided by the Oireachtas. Prohibition on unqualified person acting as solicitor. 55.—(1) An unqualified person shall not act as a solicitor. (2) A person who contravenes subsection (1) of this section shall, without prejudice to any other liability or disability to which he may be subject, be guilty of an offence under this section and shall be liable— (a) on conviction thereof on indictment, to imprisonment for a term not exceeding two years or, at the discretion of the Court, to a fine not exceeding two hundred pounds or to both such fine and such imprisonment, or (b) on summary conviction thereof, to imprisonment for a term not exceeding six months or, at the discretion of the Court, to a fine not exceeding fifty pounds or to both such fine and such imprisonment. (3) A person who contravenes subsection (1) of this section in relation to a court of justice shall also be guilty of contempt of that court and shall be punishable accordingly. Prohibition on pretending to be solicitor. 56.—(1) A person who is not a solicitor shall not pretend to be a solicitor or take or use any name, title, addition or description or make any representation or demand implying that he is a solicitor. (2) A person who contravenes subsection (1) of this section shall be guilty of an offence under …