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36 1954

SOLICITORS ACT, 1954

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.