Solicitors (Amendment) Act, 1994

Restriction following admission as solicitor on practising as a sole practitioner.

37.—(1) A solicitor shall not, without the written consent of the Society, commence to carry on practice—

(a) as a sole practitioner, or

(b) as a partner with another solicitor or other solicitors, except where such other solicitor or one of them has been continuously engaged full-time in the provision of legal services for a period of not less than three years at the time of such commencement,

unless, following the date of his admission as a solicitor, he has been employed full-time as a solicitor in the provision of legal services for such period not exceeding three years as may be prescribed, and lesser periods of such employment may be aggregated in reckoning the period so prescribed.

(2) A solicitor who may not practise as a sole practitioner, or as a partner with another solicitor or other solicitors, by virtue of the provisions of subsection (1) of this section, shall attend such course or courses of further education or training (or both) as may be prescribed.

(3) In considering an application for their consent under subsection (1) of this section, the Society may have regard to any professional experience gained by a solicitor in another jurisdiction.

(4) Where the Society refuse to grant their consent to a solicitor under subsection (1) of this section, that solicitor may appeal against their refusal to the President of the High Court who may make such order as he thinks fit.

(5) The Society shall be entitled to be heard in connection with the hearing of an appeal under subsection (4) of this section.