Solicitors Act, 1954

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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.