S.I. No. 541/2008 - The European Communities (Lawyers Establishment) Regulations 2003 (Qualifying Certificate 2009) Regulations 2008

1. This application must be duly completed by an applicant lawyer seeking a registered lawyer’s qualifying certificate who is intending to engage in the State during the practice year ending 31 December 2009 in the provision of legal services, whether as a sole practitioner or as a partner in a solicitor’s or registered lawyer’s practice or as an employee of any solicitor or registered lawyer or of any other person or body, including an applicant who does not require a qualifying certificate by reason of being a lawyer in the full-time service of the State [within the meaning of

section 54

of the

Solicitors Act 1954

, as substituted by

section 62

of the

Solicitors (Amendment) Act 1994

] or by reason of being a lawyer employed full-time in the State to provide conveyancing services only to and for his/her non-solicitor or non-registered lawyer employer [section 56,

Solicitors (Amendment) Act 1994

].

2. The practice year coincides with the calendar year. A Qualifying Certificate must be received by the Registrar at the Society’s premises at George’s Court, George’s Place, North King Street, Dublin 7, on or before 1 February 2009 in order for the qualifying certificate to be dated 1 January 2009 and thereby to operate as a qualification to practise from the commencement of the practice year 2009. A Qualifying Certificate issued after the 1 February 2009 must [under Section 48 as amended by

Section 55

of the

Solicitors (Amendment) Act 1994

, of the

Solicitors Act 1954

] bear the date on which the application is actually received by the Registrar. In April 2009, a listing of registered lawyers holding Qualifying Certificates as at 31 March 2009 will be forwarded to each County Registrar, District Court Clerk, Taxing Master and Bar Association.

3. The Registration Fee and the Compensation Fund contribution are required to be paid by each applicant lawyer seeking a registered lawyer’s qualifying certificate.

4. An applicant lawyer applying for his/her first qualifying certificate during the practice year 2009 may calculate the Registration Fee and the Compensation Fund Contribution payable by him/her on the basis of the number of full calendar months remaining in that practice year following the month of his/her application; and the registered lawyer’s membership subscription in respect of that practice year (or part thereof) shall be at the reduced rate of €20.

5. During the time cycle for Continuing Professional Development (“CPD”), commencing on 1 January 2008 and ending on 31 December 2008, a practising registered lawyer is required to have completed at least 10 hours of CPD (of which a minimum of 3 hours must have comprised management and professional skills) in accordance with the CPD Scheme, as now provided for pursuant to

S.I. No. 807 of 2007

. Completion of Section E of this application is the initial means of verifying compliance with this CPD requirement. Each applicant for a Qualifying Certificate for the practice year ending 31 December 2009 is subject to this CPD requirement, with a limited number of possible exceptions. An applicant who did not hold a Qualifying Certificate in respect of the practice year ending on 31 December 2008 or an applicant who was not entered on the Society’s Register of Registered Lawyers prior to the commencement of the practice year 2008 is not subject to this CPD requirement. Also, an applicant who has periods out of practice during the practice year 2008, due to being on maternity/paternity/carers/adoptive leave or due to certified long term illness or other personal circumstances specifically approved by the Education Committee of the Society, may be entitled to a proportionate reduction on the 10 hours CPD requirement. For further information, please refer to the CPD Scheme section on the Society’s website (www.lawsociety.ie) or contact the Society’s CPD Scheme Unit (email: cpdscheme@lawsociety.ie or tel: (01) 6724802). An applicant should

not

return his/her CPD record card with this application. However, the Society may subsequently request sight of an applicant’s record card and/or further proof of CPD attendances during the 2008 CPD cycle as part of the Society’s CPD audit review process.

6. Payment of the annual membership subscription and/or the Solicitors Benevolent Association contribution and/or the Free Legal Advice Centres contribution and/or a contribution to the other community law centres is/are not a condition(

s

) precedent to the issuing to a registered lawyer of a Qualifying Certificate. However, unless a registered lawyer pays the annual membership subscription, he/she cannot enjoy the benefits of being a member of the Society as provided for in the Society’s Bye-Laws, including the right to vote in annual and provincial elections and the right to receive the Society’s Gazette. The voluntary contribution to other community law centres will be allocated to the Ballymun Community Law Centre and the Northside Community Law Centre.

SECOND SCHEDULE

within referred to

EURO

(a)

Registration Fee for the practice year ending on the 31st day of December 2009 payable to the Society on application for a qualifying certificate by an applicant registered lawyer admitted to the Register of Registered Lawyers three years or more on the 1st day of January 2009

€1,608

(b)

Registration Fee for the practice year ending on the 31st day of December 2009 payable to the Society on application for a qualifying certificate by an applicant registered lawyer originally admitted to the Register of Registered Lawyers for less than three years on the 1st day of January 2009

€1,290

(c)

Contribution to the Compensation Fund for the practice year ending on the 31st day of December 2009 payable to the Society on application for a qualifying certificate by an applicant registered lawyer.

€660

(d)

Fee payable to the Society on each application, pursuant to

Section 17

of the

Solicitors (Amendment) Act 1960

, for a copy of an entry on File A or File B

€6

(e)

Fee payable to the Society on each application, pursuant to Regulation 8 of these Regulations, for the issue of a duplicate original qualifying certificate for the practice year

€50

11 December 2008

JOHN D. SHAW

Signed on behalf of the Law Society of Ireland pursuant to

Section 79

of the

Solicitors Act, 1954

.

11 December 2008

JOHN D. SHAW

President of the Law Society of Ireland

7. The fee payable to the Society by a person who applies to the Registrar, pursuant to Section 17 of the Act of 1960, for a copy of an entry on File A or File B shall be as specified in the Second Schedule to these Regulations.

Issue of duplicate qualifying certificate

8. Where a registered lawyer to whom a qualifying certificate for the practice year has been issued pursuant to Regulation 3(

b

) of these Regulations certifies to the Registrar that his or her qualifying certificate has been inadvertently destroyed, lost or mislaid, such registered lawyer may apply to the Society for a duplicate original of such qualifying certificate on duly discharging the fee specified in the Second Schedule to these Regulations and duly undertaking to the Registrar that in the event of the qualifying certificate as originally issued being subsequently found in the course of the practice year that same would forthwith be returned to the Registrar.

Where conditions attached to qualifying certificate

9. (

a

) Where a qualifying certificate for the practice year is caused to be issued by the Registrar to a registered lawyer subject to a specified condition or conditions, the qualifying certificate shall be endorsed with the words (adapted as appropriate): “

Issued subject to

[a]

specified condition

[s]

as annexed

” and the Registrar at the same time shall cause to be issued to the solicitor concerned a separate document (deemed to be part of the qualifying certificate) headed with the Society’s crest and title and also headed (adapted as appropriate): “

Annexe to qualifying certificate of

[name of registered lawyer]

of

[a]

specified condition

[s]

attached thereto and applicable as and from

[date of commencement of applicability of the specified condition or conditions]” and setting out the text of each specified condition.

(

b

) Where the Society give a direction pursuant to Section 59 of the Act of 1994 that the qualifying certificate already issued to a solicitor for the practice year should, from a date that is 21 days after the date of receipt by the registered lawyer concerned of notification in writing by the Society of the giving of such direction, have effect subject to a specified condition or conditions, the registered lawyer shall (subject to the provisions of the said section 59 of the Act of 1994 as to the registered lawyer’s right of appeal to the High Court), within such period of 21 days, surrender his or her current qualifying certificate, and the Society shall, as soon as possible, reissue it endorsed with the words (adapted as appropriate): “

Issued subject to

[a]

specified condition

[s]

as annexed

” and the Registrar at the same time shall cause to be issued to the registered lawyer concerned a separate document (deemed to be part of the qualifying certificate) headed with the Society’s crest and title and also headed (adapted as appropriate): “

Annexe to qualifying certificate of

[name of registered lawyer]

of

[a]

specified condition

[s]

attached thereto and applicable as and from

[date of commencement of applicability of the specified condition or conditions]” and setting out the text of each specified condition.

(

c

) Where a qualifying certificate issued or reissued to a registered lawyer for the practice year is subject to a specified condition or conditions as referred to in clause (

a

) or (

b

) of this Regulation

(i) the registered lawyer concerned shall comply with the specified condition or each of the specified conditions, as the case may be, and shall ensure that he or she does not provide legal services to any client of the registered lawyer in breach of such specified condition or conditions, whether or not any such client is made aware of such specified condition or conditions, and

(ii) the registered lawyer concerned, in any display by him or her of his or her qualifying certificate, shall display with equal prominence adjacent thereto the annexe thereto setting out the specified condition or conditions to which his or her qualifying certificate is subject.

FIRST SCHEDULE

within referred to

FORM OF APPLICATION FOR A QUALIFYING CERTIFICATE FOR THE PRACTICE YEAR ENDING 31ST DECEMBER 2009

THE LAW SOCIETY OF IRELAND

George’s Court, George’s Place, North King Street, Dublin 7

APPLICATION FOR A QUALIFYING CERTIFICATE 2009*

(for the practice year ending 31 December 2009)

NAME: NAME OF FIRM/ORGANISATION: PRINCIPAL PRACTICE/ORGANISATION ADDRESS

To: Registrar of Solicitors, Law Society of Ireland, George’s Court, George’s Place, North King Street, Dublin 7

SECTION A — GENERAL

(1)

(a

) My nationality is

(

b

) My home member state is

(2)

I was first admitted to the Register of Registered Lawyers in the State** on the ....... 200...

or

This application constitutes part of my application to be admitted to the Register of Registered Lawyers in the State** as well as an application for a qualifying certificate for the practice year ending 31 December 2009

(3)

I am not required to hold a qualifying certificate by reason of being –

i) a registered lawyer in the full-time service of the State**or

ii) a conveyancing-only registered lawyer employed by a non-solicitor**

(4)

My current professional status is

[Please tick [] as appropriate]

(

a)

in the State

and/or

(

b)

in my home member state of

is as a –

Sole practitioner (i.e. practising as a sole principal in a registered lawyer’s practice).

or

Partner in a registered lawyer’s practice.

or

Partner in a solicitor’s practice.

or

Consultant registered lawyer in a registered lawyer’s practice.

or

Consultant registered lawyer in a solicitor’s practice.

or

Employed registered lawyer in a registered lawyer’s practice

or

Employed registered lawyer in a solicitor’s practice.

or

Registered lawyer in the full-time service of the State.

or

Registered lawyer employed by a non-solicitor (e.g. financial institution, commercial entity, statutory body).

or

Registered lawyer employed on a contract basis.

or

Registered lawyer employed by an independent law centre***.

or

Locum (registered lawyer intending only to practise on short-term contract or employment basis).

or

Other

[please specify]

[Note: If your professional status has changed during the practice year 2008 please

provide

the date of such change

2008]

(5)

Particulars of practice in the State and/or in home member state

(

a

) Name of managing partner/solicitor/registered lawyer-in-charge

(

b

) Name(

s

) of any other practice(

s

) than that noted above

(

c

) Other practice address(es)

[*See notes on page 10]

[** meaning the Republic of Ireland]

[*** within the meaning

S.I. No.103 of 2006

]

(6)

QUESTIONS OF THE REGISTRAR OF SOLICITORS TO BE ANSWERED BY EACH APPLICANT FOR A QUALIFYING CERTIFICATE, WHETHER REFERRABLE TO THE PERIOD IN THE STATE OR IN ANY OTHER JURISDICTION.

[To be completed by each applicant, including (by addressing the substance of each question) a registered lawyer applying for his/her first qualifying certificate and including a Registered Lawyer to whom Section A(3) above applies].

(a)

Has the last Qualifying Certificate issued to you been suspended or issued subject to conditions or been endorsed with conditions?

Yes

No

(b)

Since the last Qualifying Certificate issued to you, have you failed to comply with the Solicitors Acts 1954 to 2008 or with any order or regulation made thereunder, including the Solicitors Accounts Regulations 2001/2006?

Yes

No

(c)

Since the last Qualifying Certificate issued to you, have you failed to comply with any legislation or with any order, direction or regulation in respect of your practice as a lawyer in any other jurisdiction?

Yes

No

(d)

Since the last Qualifying Certificate issued to you, have you been notified by any body governing your practice as a lawyer that you have failed to exercise adequate personal supervision over any office or place of business?

Yes

No

(e)

Since the last Qualifying Certificate issued to you, have you been notified by any body governing your practice as a lawyer that you have failed to give an explanation which that body regards as sufficient and satisfactory in respect of any matter affecting your conduct?

Yes

No

(f)

Since the last Qualifying Certificate issued to you, has an order of attachment or committal been made against you?

Yes

No

(g)

Since the last Qualifying Certificate issued to you, have you been adjudicated bankrupt?

Yes

No

(h)

Since the last Qualifying Certificate issued to you, have you failed to comply with any order(s) of any court(s)?

Yes

No

(i)

Since the last Qualifying Certificate issued to you, have you failed to comply with any determination, requirement or direction of any body governing your practice as a lawyer in any other jurisdiction?

Yes

No

(j)

Since the last Qualifying Certificate issued to you, have you been sentenced to a term of imprisonment?

Yes

No

(k)

Have you failed to satisfy any body governing your practice as a lawyer that you are fit to carry on practice as a lawyer, having regard to the state of your physical or mental health?

Yes

No

(l)

Since the last Qualifying Certificate issued to you, have you failed to satisfy any body governing your practice as a lawyer that, having regard to all the circumstances, including the financial state of your practice, you should be permitted to carry on practice as a lawyer or, that you should only be permitted to carry on practice as a lawyer subject to a specified condition or conditions?

Yes

No

(m)

Has (Have) any judgement(s) or decree(s) been given against you

[including judgement(s) or decree(s) to which you are entitled, as respects the whole effect of the judgement(s) or decree(s) upon you, to indemnity or relief from any other person(s)]

which remain(s) unsatisfied in whole or in part, and in respect of which judgement(s) or decree(s) you have not produced to the Registrar of Solicitors evidence of the satisfaction of such judgement(s) or decree(s)?

[If applicable, details should be submitted with this application of any such judgement(s) or decree(s), including (if applicable) evidence of the satisfaction thereof.]

Yes

No

(n)

Is this application by you for a Qualifying Certificate following upon the expiration of a period of suspension from practice?

Yes

No

(o)

Is this application by you for a Qualifying Certificate following upon any order permitting your re-admission as a lawyer by any body governing your practice as a lawyer?

Yes

No

SECTION B — SOLICITORS ACCOUNTS REGULATIONS 2001/2006

[Part I of this Section (immediately below) must be completed by an applicant lawyer who is practising in a solicitor’s/registered lawyer’s practice as a sole principal or as a partner or by any other applicant lawyer who handles clients’ moneys. The declaration in Part II of this Section must be completed by an applicant lawyer to whom Part I of this Section does not apply. If Part I applies, please delete Part II.]

Part I

(

a

) The last reporting accountant’s report furnished to the Society was for the accounting period ending on the ..................................... day of ............................ 200.............

(

b

) The name and address of my reporting accountant(

s

) is (are)

(

c

)

[If a partnership]

Name of solicitor/registered lawyer nominated as compliance partner****

(

d

)

[If a reporting accountant’s report has never been furnished to the Society]

Date of commencement in practice: 200.............................

[Note: A reporting accountant’s report must be furnished to the Society not later than six months after the end of your annual accounting period.]

OR

[The declaration set out in Part II of this Section (immediately below) should be ticked by an employed applicant lawyer in private practice, or by an applicant lawyer employed by a non-solicitor/registered lawyer, who has not handled clients’ moneys during the practice year 2008 other than on behalf of his/her employer. If Part II applies, please delete Part I.]

Part II

I declare that I have not handled clients’ moneys at any time during the practice year 2008 other than on behalf of my employer.

Part II of Section B applies to me and I so declare.

Yes

[Please tick [] if appropriate]

SECTION C — PROFESSIONAL INDEMNITY INSURANCE

[This Section must be completed to comply with The Solicitors Acts, 1954 to 2002 (Professional Indemnity Insurance) Regulations 2007. Part I of this Section must be completed by a lawyer other than a lawyer to whom Part II or Part III of this Section applies. If Part I applies, please delete Part II.]

Part I

(

a

) Name of Professional Indemnity Insurer

(

b

) Has a certificate from your qualified insurer ***** (or broker) been furnished to the Society certifying the conditions and extent of your professional indemnity cover until at least the end of practice year 2009?

(

c

) If your cover is not with an qualified insurer, have you furnished evidence that you are covered wholly or partially by insurance taken out or a guarantee provided in accordance with the rules of your home member state against any losses arising from claims in respect of your professional activities in the State until at least the end of practice year 2009 which is equivalent to the conditions and extent of cover required to be provided in that respect by solicitors practising in the State?

Yes, wholly covered [If yes, please complete Section D]

or

Yes, partially covered [If yes, please complete Section D]

or

No

(

d

) If the equivalence of your cover (provided in accordance with the rules of your home member state) is only partial, have you furnished evidence that the additional cover required until at least the end of practice year 2009 has been obtained from an approved insurer

Yes

No

I CONFIRM that the particulars set out above relating to my professional indemnity cover are correct at the date of this application

AND

[if applicable] (where confirmation of professional indemnity cover has not been furnished before or with this application) I UNDERTAKE that I will furnish (or cause to be furnished) to the Society, not later than 15 days after the date of the expiration of my current period of professional indemnity cover (as set out in (

c

) or (

d

) and (

e

) above) or the date of this application (whichever is the earlier), confirmation from an approved insurer or from some other insurer or guarantor in my home member state of there being in force relating to me in the State the minimum level of cover [i.e. €2,500,000 each and every claim] for the practice year 2009.

[****Within the meaning of

S.I. No. 719 of 2005

]

[*****Within the meaning of the Solicitors Acts, 1954 to 2002 (Professional Indemnity Insurance) Regulations 2007 (

S.I. No.617 of 2007

)]

Part II

[Part II of this Section applies to an applicant lawyer who provides legal services***** only as part of an employment within the State to provide legal services to and for his or her employer, provided that such employer is not also a solicitor or registered lawyer. If Part II applies, please delete Part I.]

I declare that I am a lawyer who provides legal services only as a part of an employment within the State to provide legal services to and for my employer who is not a solicitor or not a registered lawyer AND I further confirm that, for the duration of the current indemnity period, I have not and will not engage in the provision of legal services to and for any person other than my employer. Furthermore, I will notify the Society immediately in writing if I cease to provide legal services only on such basis.

Part II of Section C applies to me and I so declare.

Yes

[Please tick [] if appropriate]

[*****Within the meaning of the Solicitors Acts, 1954 to 2002 (Professional Indemnity Insurance) Regulations 2007 (

S.I. No. 617 of 2007

)]

SECTION D — ADDITIONAL INFORMATION CONCERNING PROFESSIONAL INDEMNITY COVER

[Additional information to be furnished to the Society concerning professional indemnity cover to be provided by an applicant lawyer who is submitting to the Society that he or she is covered wholly or partially by insurance taken out or a guarantee provided in accordance with the rules of the applicant’s home member state against any losses arising in respect of the applicant’s professional activities in the State.]

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

19

th December

, 2008.

The Law Society of Ireland, in exercise of the powers conferred on them by the European Communities (Lawyers’ Establishment) Regulations 2003 (

S.I. No. 732 of 2003

,

S.I. No. 752 of 2004

and

S.I. No. 96 of 2008

) HEREBY MAKE the following Regulations

Citation and commencement