Third-Party Dealings A solicitor must be honest and courteous in all dealings with third parties. He must not engage in conduct which is fraudulent deceitful or otherwise contrary to his position as an officer of the court. He must not use his position to take unfair advantage. The solicitor must not encourage or offer inducements to a third party with a view to obtaining instructions. […]
Commencing to Act The decision of a solicitor to accept instructions from a client is a matter of his discretion. However, he should not discriminate unfairly between members of the public. He should not refuse to act on a basis which would constitute discrimination. Solicitors are recommended to provide a client with a copy of the firm’s terms and conditions. Where practicable, he should confirm […]
Prosecutor The responsibilities of the advocate acting for the prosecution differ from those acting for the defence. He must see that every material point is made which supports the prosecution’s case or weakens the defendant’s case. He should present the case against the accused relentlessly but with scrupulous fairness. The names of all witnesses and material facts must be disclosed irrespective of whether the witnesses […]
Duties Owed A solicitor owes a duty to act in his or her client’s best interest. However, he also owes a duty to court as an officer of the court. The administration of justice requires that a court should be able to rely on the integrity of lawyers who appear before it or have dealings with it. A solicitor should promote and protect fearlessly by […]
Legal Professional Privilege Legal professional privilege subsists between the client and the solicitor. The effect of privilege is to prevent disclosure of client information or details of the instructions to third parties, other than where expressly or impliedly permitted by the client. The effect is that the content of such communications may not be compelled in court or on discovery. Professional privilege is distinct from, […]
Solicitors Attorneys & Barristers The division between barristers and solicitors has been present for many hundreds of years. Barristers specialised in pleading cases and attorneys and solicitors instruct barristers and act in preparatory steps in a court hearing and also in legal matters not involving litigation. Attorneys were attached to one of the three courts of common law and solicitors were attached to the court […]
Specific Regulations of Conflicts A number of professional conduct requirements have been embodied in statutory instruments made under the Solicitors Act. This makes the requirements unconditional professional practice requirements. A number of the regulations relate to conveyancing and property transactions. Conveyancing transactions includes transfers of property, gifts, licenses, leases and mortgages. A solicitor may not act for a seller and purchaser in a conveyancing transaction. […]
Authority The solicitor client relationship is based on contract. It also has an agency element. Furthermore, the solicitor is a fiduciary in relation to his clients and is restricted from taking advantage of his position or acting in conflict of interest. The scope of a solicitor’s authority is defined by the general law of agency. Express or implied authority may arise to do particular acts. […]
Code of Conduct The Law Society of Ireland as the regulator of the solicitor’s profession has published a Guide to Professional Conduct of Solicitors based on accepted principles of good practice, policy and recommendation. It is likely that the establishment of an independent regulator will lead to a more formal code of conduct. However, it is likely to be based on the principles of the […]
Practising Certificate person may not hold himself as a solicitor or provide legal advice for consideration unless he is a practising solicitor and on the role of solicitors. He must not be suspended or have given an undertaking that he will not practise to the High Court. A solicitor must be both entered in the register qualified and hold a current practising solicitor’s certificate. Holding […]
Duties of legal practitioners A legal practitioner shall not charge amounts in respect of legal costs in relation to contentious business specified as a percentage of the proportion of damage or other moneys that may be payable to his client, other than in debt collection matter. He may not purport to set legal costs to be charged by junior counsel as a percentage or proportion […]
Officers of Court Solicitors are officers of the court. They are directly subject to High Court control and jurisdiction in the context of enforcement of obligation. They owe duties to the court as well as to their client. In order to practice as a solicitor, a person must be qualified as such and being entered on the rolls of solicitors. In addition, he must have […]
Mandatory Insurance A solicitor must maintain professional indemnity insurance. The insurance must comply with certain minimum terms and conditions. There is a statutory minimum level of insurance cover per claim. A solicitor may obtain additional top-up insurance from another insurer (or the same insurer). The approved terms of insurance are set down by regulations made by the Law Society. It must indemnify partners and employees. […]
Nature of Undertaking A solicitor’s undertaking is a promise by a solicitor or somebody on his behalf to or refrain from doing something. It gives rise to personal liability for the solicitor. It is enforceable as a disciplinary matter. It subsists until released expressly or impliedly by its beneficiary. Undertakings are frequently given in property transactions particularly in relation to the redemption of financial charges. […]
Background The Legal Services Regulation Act followed almost directly from the terms of IMF/EU/ECB Memorandum of Understanding, November 2010. This is effectively the bailout agreement by which Ireland was granted access to funds by the troika after it was frozen out of the normal lending markets. There had been a decade of reports urging reform of various aspects of legal services, including: 2001 OECD report, […]
Multiple Disciplinary Partnerships A professional code, particularly the solicitors or barristers codes, may not prevent legal practitioners from providing legal services as a partner or employee of a legal partnership. It may not operate to prevent a barrister from providing legal services in relation to a non-contentious matter, where he is instructed directly by a non-solicitor. The Codes are not to prevent legal practitioners from […]
Appointment of Senior Counsel The Authority shall establish an Advisory Committee on the grounds of Patents of Precedence at the Bar. A Patent in this context is a Patent of Precedence at the Bar which entitles a barrister to be called to the Inner Bar and use the title “Senior Counsel”. In relation to a solicitor, a Patent of Precedence at the Bar is a […]
Organisation The legal profession in Ireland consists of two distinct branches. They have separate regulators, separate training and it is not possible to be a member of both branches at once. When the Legal Services Regulatory Authority commences, it will become the single regulator. The majority of lawyers are solicitors regulated by the Incorporated Law Society of Ireland. About 80 to 90% of all lawyers […]