Practices

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 providing legal services as a partner or as an employee of a multi-disciplinary practice. A multi-disciplinary practice on commencement is obliged to give notice in a prescribed form to the Legal Services Authority.

Each partner in a multi-disciplinary practice is to be jointly and severally liable for the acts and omissions of his partners and those of their employees. A partner in a multi-disciplinary practice may share with another partner fees or other income arising from the provision of services, regardless of whether partners are legal or non-legal partners and regardless of whether the services are legal or non-legal services. A person may be a partner, notwithstanding that he or she does not provide legal services.

Persons who have been disqualified from providing legal services, other than as an employee or disqualified fully, may not be partners in a multi-disciplinary practice. A person may be suspended from practice, but the court may expressly permit him to be a partner in a multi-disciplinary practice. A person who has been struck off the roll of barristers or solicitors may not be a partner in a multi-disciplinary practice.

Legal Practioner in MDP

A multidisciplinary practice shall have at least one legal practitioner. He shall be a partner in or an employee of a multi-disciplinary practice who is responsible for the management and supervision of the provisions of legal services by the practice.

The managing legal practitioner is to ensure the multi-disciplinary practice is managed so as to secure the provision of legal services by the practice is in accordance with the provisions of the legislation and adheres to professional principles prescribed.

The multi-disciplinary practice must have written procedures in place to which all partners and employees are subject, which ensure that the legal services are provided by the practice in a manner that complies with legislation and facilitates compliance by the managing legal practitioner with his obligations under the legislation.

Management & Procedures

Procedures must provide that the partners and employees are obliged to comply with such procedures, directions of the managing legal practitioner as he considers necessary to secure compliance. A person shall not cause or induce a legal practitioner who is a partner or employee in a multi-disciplinary practice to provide legal services in a non-compliant manner.

The managing legal practitioner must ensure that there are separate accounts and records in respect of legal services and non-legal services,

• that money held and controlled by the legal practitioner arising from legal services are held in a separate bank account,
• that fees or other income arising from the practice of legal services are held in a separate bank account to other fees or income.

A legal practitioner who is a partner or employee in a multi-disciplinary practice shall not disclose the affairs of the client to a partner or employee who is not also engaged in the provision of legal services for that client, without the express consent of the client. Nothing is to affect any other legislation or provisions by which information may be obtained from a partner in respect of non-legal services.

MDP Requirements

A legal practitioner who is a partner or employee in a multi-disciplinary practice must not provide legal services to the client of the multi-disciplinary practice unless he specifies the service is to be provided, which of the services are to be provided by a legal practitioner, and which are to be provided as services other than legal services, specify services which are subject to the Solicitors Act, and additional prescribed information.

A multi-disciplinary practice must have professional indemnity insurance adequately covering the multi-disciplinary practice in the provision of its services. It must comply with provisions applicable to professional insurance for legal services.

The Compensation Fund under the Solicitors Acts is not to the extent to loss sustained in consequence of dishonesty on the part of a legal practitioner who is a partner or an employee in a multi-disciplinary practice or any employee of that practice, arising from the provision of legal services to a client, where the legal practitioner is not a practising solicitor.

Authority and MDPs

The Authority may issue directions or to an MDP or managing legal practitioner, to take measures specified, where provisions relating to MDPs are not complied with.

Where the Authority believes that the MDP or managing legal practitioner is in breach of the obligations, it shall send a notice setting out the alleged breach and inviting observations. Having considered the observation, it may issue a direction as it considers necessary to secure compliance with the MDP obligations. There is provision for an appeal to the High Court against the direction in relation to their substantive context, on the basis of their legality under the legislation or that they are oppressive, unreasonable or unnecessary.

Where the MDP fails to comply with a direction, the Authority may apply for the order to the High Court, requiring compliance. It may suspend its authority to provide legal services or direct cessation of legal services.

The Authority may make regulations in relation to the operation and management of a legal partnership or a multi-disciplinary practice. Regulations may specify procedures regarding — to secure that the legal services are performed and provided in accordance with requirements of the legislation and Solicitors Act’s obligations generally. They may provide for bank accounts and operation of account to be opened by MDPs, accounting record account.

MDP Consultation by Authority

The Authority is to immediately follow establishment and periodically, engage in a public consultation in relation to the regulation, monitoring and operation of legal partnerships and multi-disciplinary partnerships. The initial consultation was to be made and reported to the Minister within six months of establishment. The Authority is to prepare a report and set out recommendations.

The Authority is to engage in a public consultation on the extent if any, to which the restrictions on legal and barrister’s holding client money, the retention or removal of restrictions on barristers receiving instructions on contentious matters directly from non-solicitors and the reforms whether administrative, legislative or to exist professional codes that are required to be made in the event the restrictions are retained or removed and the circumstances and manner in which barristers may hold the client money.

The Authority is to invite submissions by members of the public. It is to consult bodies, including professional bodies. It is to prepare a report setting out its recommendations within 12 months of the establishment day. The Authority shall on the request of the Minister and may on its own initiative, prepare an interim report.

Roll of Practising Barristers

The Authority is to set up a roll of practising barristers. During six months of commencement, it is to enter on the roll, names and additional information in respect of, every person who is a practising barrister. The Authority is to make a copy of the roll available for inspection. It may be kept electronically or in written form.

A person who has been called to the Bar of Ireland and who intends to provide legal services as a barrister shall apply to have his name entered on the roll. Persons may be removed on death, strike off, retirement etc. Facts of suspension may be noted in the roll.

It is an offence for an unqualified person to provide legal services as a practising barrister. A person, without prejudice to any other liability to which he may be subject, may be subject to a fine up to €30,000 or imprisonment on indictment or on summary conviction, imprisonment up to six months or, Class A fine or both.

It is contempt of practice to practice as a barrister without being duly registered. A person may not practice unless he is on the roll of practising barristers.