S.I. No. 30/1961 - Solicitors (Disciplinary Committee) Rules 1961.

1. The Committee received an application dated from CD of in the title hereof named pursuant to section 9 of the abovementioned Act that his name be removed from the roll of solicitors with an affidavit of the said CD sworn on

2.—(a) The said application and affidavit were considered at a meeting of the Committee held on at which the following members of the Committee were present

Chairman and

(b) The Committee considered the application and affidavit and decided to hold an inquiry. The inquiry was held on 19 and was considered by the following members of the Committee :—

Chairman and

(delete paragraphs (a) or (b) if inappropriate)

(c) The Committee did not require the attendance of the applicant.

(d) The appearances before the Committee were

(delete paragraphs (c) or (d) if inappropriate

2. The committee being of opinion that the application should not be granted without making a report to the High Court held an inquiry at The inquiry was conducted by the following members of the committee who heard evidence on 19 .

chairman and

3. The Committee being satisfied that the application should be granted without making a report to the High Court hereby order that the name of the applicant be removed from the roll of solicitors at his own request.

4. The oral and documentary evidence before the Committee are set forth in the schedule to this order.

SCHEDULE

Witnesses.

Documents.

Date.

Solicitors' Buildings,

Four Courts,

Dublin.

Signed on behalf of the Committee.

Chairman etc.

FORM DC 17.

FORM OF NOTICE TO THE REGISTRAR UNDER RULE 27.

(Title as in form DC 1).

TAKE NOTICE that the Committee have directed that notice of the proceedings in this matter between applicant and the abovementioned solicitor shall be served upon the registrar and that the proceedings have been adjourned until and that the Society are entitled to lodge a further application against the said solicitor or to undertake on behalf of the said, the prosecution of the application. Copies of the said application and any affidavits or documents lodged by the parties are sent herewith to the registrar.

Dated this day of 19 .

(Signed)

Clerk to the Committee, Solicitors' Buildings,

Four Courts, Dublin.

To : the applicant.

CD solicitor.

the registrar of solicitors.

FORM DC 18.

FORM OF NOTICE FROM THE SOCIETY UNDER RULE 27.

(Title as in form DC 1)

TAKE NOTICE that the Society have determined to lodge a further application against the abovenamed solicitor or to undertake on behalf of the applicant the prosecution of the application in this matter (as the case may be)

Dated

(Signed)

To : the Clerk.

the applicant.

CD solicitor.

Secretary of the Incorporated

Law Society of Ireland,

Solicitors' Buildings,

Four Courts, Dublin.

5. The appearances at the inquiry were as follows :—

6. The findings of the committee on the application are as follows (set out in sub-paragraphs).

7. The oral and documentary evidence received by the committee is listed in the schedule to this report.

SCHEDULE

Witnesses.

Documents.

Date.

Solicitors' Buildings,

Four Courts,

Dublin.

Signed on behalf of the Committee.

Chairman etc.

FORM DC 16.

FORM OF ORDER OF THE COMMITTEE UNDER SECTION 9(2)(a) OF THE 1960 ACT.

(Title as in form DC 1)

8. The oral and documentary evidence received by the committee at the inquiry is listed in the schedule to this report.

9. The findings of the committee on the evidence received at the inquiry are as follows.

(set out in sub-paragraphs)

10. In the opinion of the committee there has been misconduct on the part of the solicitor-respondent in repect of the following matter(s) complained of in the application : (set forth particulars of misconduct) or there has not been any misconduct on the part of the solicitor respondent/the solicitor-respondent has not answered satisfactorily the allegations against him or the solicitor-respondent has answered satisfactorily the allegations against him.

11. (Any other matters pursuant to section 7(3)(b) of the 1960 Act).

SCHEDULE.

Witnesses.

Documents.

Date.

Solicitors' Buildings,

Four Courts,

Dublin.

Signed on behalf of the Committee.

Chairman etc.

FORM DC 15.

FORM OF REPORT OF COMMITTEE UNDER SECTION 9(2)(b) OF THE 1960 ACT

(Title as in form DC 1)

12. If any person wishes to object to the application he shall give notice in writing in form DC 10 to the applicant and registrar and shall file it with the clerk at least seven days before the date fixed for the inquiry or any adjournment thereof.

13. On the day fixed for the inquiry the Committee shall consider the application and any notices which may have been filed under rules 10 or 12. If, after hearing the application and any objector appearing in person or by solicitor or counsel, the Committee are of opinion that the application should be further inquired into they shall either proceed to hear any evidence which may be tendered by the applicant or by any objector, or shall adjourn the inquiry and give such directions relating to such adjourned inquiry as they shall think fit.

14.—(1) If the Committee are of opinion that the application should be granted they may order that the name of the solicitor be removed from the roll.

(2) If after considering the application the Committee are of the opinion that the application should not be granted they shall make a report to the High Court in form DC 15. Such report shall be signed on behalf of the Committee by the chairman or any two members of the Committee who conducted the inquiry. The Society shall bring the report before the High Court by lodging a copy in the office of the High Court and serving a copy on the solicitor with notice of the hearing of the application to confirm the report.

(3) An order of the Committee under rules 11 or 14 (1) shall be in form DC 16 and shall be signed by the chairman or by any two members at the meeting of the Committee or at the inquiry at which the order was made.

PART IV—GENERAL.

15. The clerk shall send to each party to proceedings before the Committee under these rules a list of documents lodged with the Committee by any other party to the proceedings and any party may at any time inspect the documents on such list and shall be entitled on request and on reasonable notice to the clerk to receive copies of all or any of such documents at his own expense.

16. Where any document is required or authorised by or under these rules to be served on any person the provisions of

section 30

of the

Solicitors (Amendment) Act 1960

shall apply in relation to the service of that document viz ;

(

a

) it may be served—

(i) by delivering it to that person, or

(ii) by sending it by registered post in an envelope addressed to that person at his last known place of business or residence in the State or, if he is a solicitor, at the last address appearing in the register of practising solicitors,

(

b

) where that person is absent from the State or his whereabouts is unknown and cannot be ascertained by reasonable inquiries, or where the notice or document, having been sent by registered post in the manner specified in subparagraph (ii) of paragraph (

a

) hereof has been returned undelivered, the High Court may make such order for substituted or other service, or for the substitution for service of notice, by advertisement or otherwise, as may seem just.

17.—(1) Subject to these rules, the evidence of witnesses at any inquiry shall be given on oath or by affirmation and witnesses shall be sworn or their affirmations shall be taken by the chairman.

(2) In proceedings before the Committee any judgment or conviction by any Court, or any finding as to fact by any Court, judge or jury, or any process, summons, affidavit or other document on the file of the Court forming the basis of the judgment in any civil proceedings against a solicitor may be received as evidence of matters stated therein or appearing therefrom.

18. Subject to any express provision in these rules the Committee may regulate the procedure at any inquiry and in particular may determine in what order the parties or their respective solicitors or counsel shall be heard.

19. Where evidence is tendered by affidavit the committee on the application of either party may order the attendance for cross-examination of the person making such affidavit.

20.—(1) Any party to an application to the Committee may apply to the clerk for a summons to a witness under section 15 (1) of the 1960 Act by notice in writing stating the name, address and occupation of the witness to be summoned. The clerk shall thereupon obtain the necessary summons, signed by a member of the Committee and deliver or send it to the party requiring it for service. Service of such a summons shall be invalid if not made within twelve weeks from its date. A witness summons may be ad testificandum or duces tecum in form DC 7 or DC 8.

(2) An application to the Committee under the Bankers' Books Evidence Acts 1879 and 1959 shall be made ex parte supported by an affidavit by the applicant stating the grounds of the application.

21. The Committee may extend the time for the furnishing of any notice, affidavit or document under these rules or for doing anything thereunder and may receive any application or document notwithstanding any irregularity in its form where it appears to the Committee to be just to do so.

22. If it shall appear to the Committee that any affidavit or document filed or served under these rules is defective or insufficient the Committee may permit such affidavit or document to be amended or supplemented on such terms as to adjournment or otherwise as the Committee shall think fit, or may require the filing of a further affidavit or the service of a further document, provided that if such amendment or addition shall be such as to take any party by surprise or prejudice the conduct of the case the Committee shall grant an adjournment of the inquiry upon such terms as the Committee shall think fit.

23. The forms in the schedule to these rules shall be used in all cases as far as practicable but a deviation from such forms shall not, by reason only of such deviation, make any application, notice, affidavit or other document, or proceedings, invalid.

24. At any inquiry any party may appear in person or by solicitor or by solicitor and counsel. At the request of an applicant appearing in person the Committee may if they think fit appoint a solicitor or solicitor and counsel to represent the applicant.

25. If any party does not appear at an inquiry the Committee may, upon proof of service on such party of the notice, proceed with the inquiry in his absence.

26. A record of the evidence at an inquiry before the Committee may be taken by a person appointed by the Committee either by shorthand or by mechanical sound recording and any party to the proceedings before the Committee shall be entitled to a transcript on payment of the charges therefor. If no such record be taken the chairman shall take a note of the evidence and the provisions of this rule as to the furnishing of copies thereof shall apply to such note.

27.—(1) The Committee may at any stage in proceedings against a solicitor direct service of notice of the proceedings in form DC 17 on the registrar to enable the Society, if they shall think fit, either to lodge a further application against the solicitor or to undertake on behalf of the original applicant the prosecution of the application and may adjourn the proceedings on such terms as the Committee shall think fit.

(2) If the Society shall decide either to lodge a further application or to undertake the prosecution of the original application they shall serve upon the clerk and the parties to the proceedings a notice of their intention so to do in form DC 18.

28. An application to the Committee shall not be withdrawn except by leave of the Committee and on such terms as the Committee shall direct.

29.—(1) Any party may by notice in writing in forms Nos. DC. 11 or DC. 12 at any time not later than nine days before the date fixed for an inquiry or any adjournment thereof call upon any other party to admit any document or fact saving all just exceptions, and if such other party wishes to challenge the said document or fact he shall within six days after service of such notice give notice in form DC 13 that he does not admit the same and the he requires proof thereof at the inquiry or adjournment thereof.

(2) If such other party does not give notice of non-admission within the time prescribed in the last proceding paragraph he shall be deemed to have admitted the document or fact unless the Committee shall otherwise direct.

30. All notices and affidavits shall be filed with and kept by the clerk. The Committee may direct that any books, papers or exhibits produced or used at an inquiry shall be retained by the clerk until the termination of the proceedings.

31. The Committee shall hold their meetings in the Solicitors' Buildings, Four Courts, Dublin or at such other place as they may appoint and at such times as they may fix and may adjourn the consideration of any case from time to time and from place to place. The meetings of the Committee shall be open only to such persons in addition to the parties summoned to attend and any necessary witnesses as the Committee may permit. The secretary shall attend meetings of the Committee unless the Committee shall otherwise direct.

32. The Society or the secretary shall be entitled to make an application to the Committee in accordance with these rules notwithstanding that any other person may be entitled to make such an application. Where an application is made by the Society the secretary, or such other person as the Council may appoint to act for the Society, may sign any document, make any affidavit and do on behalf of the Society all acts and things which may be necessary for the purpose of such application. The Society may be represented at the inquiry either by the secretary or by solicitor or by solicitor and counsel.

33. A copy of every order for the striking off or removal of a name on the roll shall be lodged by the clerk with the registrar who shall make any necessary entry on or alteration in the roll.

SCHEDULE OF FORMS.

FORM DC 1.

FORM OF APPLICATION AGAINST A SOLICITOR.

The Disciplinary Committee.

In the matter of C.D. a solicitor,

and

In the matter of the Solicitors Acts 1954 and 1960.

I, the undersigned AB hereby apply to the Committee for an inquiry into the conduct of CD a solicitor of ..............................I make this application pursuant to section 7 of the 1960 Act on the ground that there has been misconduct on the part of the said CD in respect of the matter disclosed in the accompanying affidavit and the documents therein mentioned.

Dated this day of 19 .

............................................................ .....Signature.

............................................................ ....Address.

............................................................ ....Profession, business or occupation.

To : The clerk to the Committee and to CD solicitor.

FORM DC 2.

FORM OF APPLICATION BY A SOLICITOR.

(Title as in form DC 1)

I, the undersigned C.D., solicitor hereby apply to the Committee that my name be removed from the roll of solicitors.

I make this application for the following reasons. (Here set out the reasons for the application).

In witness whereof I have hereunto set my hand this day of 19 .

.............................................Signature.

.............................................Address and place or places of business.

To : The clerk to the Committee and the registrar of solicitors.

FORM DC 3.

FORM OF AFFIDAVIT BY APPLICANT.

(Title as in form DC 1.)

I, A,B, of..............................make oath and say as follows