S.I. No. 540/2012 - The European Communities (Lawyers' Establishment) Regulations 2003 (Qualifying Certificate 2013) Regulations 2012.

1. The registration fee (A), the Compensation Fund contribution (B) and the Solicitors Mutual Defence Fund contribution (C) are required to be paid by each applicant for a qualifying certificate.

2. A registered lawyer registering as a registered lawyer during the practice year commencing 1 January 2013, if applying for his/her first qualifying certificate during the practice year 2013, may calculate the registration fee, the Compensation Fund contribution and the Solicitors Mutual Defence 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 registering as a registered lawyer, and the registered lawyer’s membership subscription in respect of the year (or part thereof) of his/her registration shall be at the reduced rate of €20.

3. Payment of the annual membership subscription and/or the Solicitors Benevolent Association contribution and/or the Free Legal Advice Centres contribution and/or Community Law Centres contribution 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 Community Law Centres will be allocated to the Ballymun Community Law Centre and the Northside Community Law Centre.

Payment Methods

Please pay the fees due by cheque or electronic funds transfer as indicated on the application form.

If paying by electronic funds transfer (EFT), it is mandatory to complete and enclose the EFT payment form with the qualifying certificate application form. Failure to do so will result in the application form being returned as incomplete, notwithstanding that the fees due may actually have been received by the Society. EFT payments are more fully described in the general section of these guidance notes.

If paying by cheque, failure to include a completed valid cheque will result in the application form being returned as incomplete.

There is no discretion to waive the requirement for registered lawyers to pay in full for the qualifying certificate before the qualifying certificate is issued to the registered lawyer. In this regard, attention is drawn to the deadline of 22nd February 2013 for inclusion in the Law Directory 2013 which is more fully described in the general section of these guidance notes.

4. (

a

) The Registrar, at any time following delivery to the Registrar by an applicant registered lawyer of an application (whether or not a qualifying certificate has been issued by the Registrar to the applicant registered lawyer pursuant to Regulation 3(

b

) of this Regulation), may, where the Registrar deems it appropriate and reasonable to do so, require the applicant registered lawyer to confirm in writing to the Society the accuracy of all or any specified part or parts of the application.

(

b

) Where, on receipt by the Society of a confirmation in writing from an applicant registered lawyer required by the Registrar pursuant to clause (

a

) of this Regulation, the Registrar deems it appropriate and reasonable to do so, the Registrar may require the applicant registered lawyer to attend before a meeting of the Regulation of Practice Committee to further confirm the accuracy of all or any specified part or parts of the application.

Misconduct of knowingly furnishing false and misleading information

5. The questions of the Registrar of Solicitors are to be answered by each applicant, including a registered lawyer in the full-time service of the State and a conveyancing-only registered lawyer employed by a non-solicitor/registered lawyer. Replies to these questions should also include any matters that have arisen in another jurisdiction.

Section C — Investment Business Services or Investment Advice

This Section is required to comply with The Solicitors Acts 1954 to 1994 (Investment Business and Investor Compensation) Regulations 1998 (

S.I. No. 439 of 1998

) as amended.

Part I of this Section applies to a registered lawyer who is an investment business firm or an investment firm within the terms of Section 47(1)(

a

) or (

b

) of the

Investor Compensation Act 1998

.

Part II of this Section applies to all other registered lawyers. In the form for registered lawyers in the full-time service of the State this Section is not divided into parts.

Text of Investor Compensation Act 1998 Section 47(1)(

a

) and (

b

)

(

a

)

A solicitor in respect of whom a practising certificate (within the meaning of the Solicitors Acts 1954 to [1994]) is in force shall be an investment business firm—

(i) where the solicitor provides investment business services or investment advice in a manner which is not incidental to the provision of legal services, or

(ii) where the solicitor holds himself or herself out as being an investment business firm, or

(iii) where, when acting as an investment product intermediary in a manner incidental to the provision of legal services, the solicitor holds an appointment in writing other than from—

(I) an investment firm authorised in accordance with the Investment Services Directive by a competent authority of another Member State, or an authorised investment business firm (not being a restricted activity investment product intermediary or a certified person), or a member firm within the meaning of the

Stock Exchange Act 1995

, or

(II) a credit institution authorised in accordance with Directives 77/780/EEC of 12 December 1977 and 89/646/EEC of 15 December 1989, or

(III) a manager of a collective investment undertaking authorised to market units in collective investments to the public,

which is situate in the State or the relevant branch of which is situate in the State,

and shall be required to be authorised as an authorised investment business firm pursuant to the provisions of the [Investment Intermediaries Act] 1995.

(

b

)

A solicitor, in respect of whom a practising certificate (within the meaning of the Solicitors Acts 1954 to [1994]) is in force, who is an insurance intermediary or who holds himself

[or herself]

out to be an insurance intermediary shall be an investment firm for the purposes of this Act and shall inform the

[Irish Financial Services Regulatory Authority]

and

[The Investor Compensation Company Limited]

that he or she is an investment firm for the purposes of this Act.

Section C, Part I

The terms of the description referred to in Part I of this Section and the terms of the evidence in writing referred to in Part I of this Section are as follows

6. As and from the coming into operation of these Regulations, the Registration Fee together with the contribution to the Compensation Fund and the contribution for the Solicitors Mutual Defence Fund Limited, as specified in the Second Schedule to these Regulations, shall be paid to the Society by an applicant registered lawyer on delivery to the Registrar of his or her application.

Fee for copy of entry on File A or File B

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 on 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 qualifying certificate 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 with the words (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 gives 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 the qualifying certificate 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 with the words (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.

Dated this 20 day of December 2012.

Signed on behalf of the Law Society of Ireland pursuant to

Section 79

of the

Solicitors Act, 1954

.

JAMES B. McCOURT

President of the Law Society of Ireland

FIRST SCHEDULE

within referred to

FORM OF APPLICATION FOR QUALIFYING CERTIFICATE FOR PRACTICE YEAR ENDING 31ST DECEMBER 2013

SECOND SCHEDULE

within referred to

EURO

(

a

)

Registration Fee for the practice year ending on the 31st day of December 2013 payable to the Society on application for a qualifying certificate by an applicant registered lawyer admitted to the Register of Registered Lawyers for three years or more on the 1st day of January 2013

€1,375.00

(

b

)

Registration Fee for the practice year ending on the 31st day of December 2013 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 2013

€1,075.00

(

c

)

Contribution to the Compensation Fund for the practice year ending on the 31st day of December 2013 payable to the Society on application for a qualifying certificate by an applicant registered lawyer

€760.00

(

d

)

Contribution for the Solicitors Mutual Defence Fund Limited for the practice year ending on the 31st day of December 2013 payable to the Society on application for a qualifying certificate by an applicant registered lawyer

€200.00

(

e

)

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

€100.00

(

f

)

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.

€50.00

THIRD SCHEDULE

within referred to

Law Society of Ireland

Qualifying Certificate Application

for the practice year ending 31 December 2013

GUIDANCE NOTES

GENERAL

Why you need a qualifying certificate

It is misconduct and a criminal offence for a registered lawyer (other than a registered lawyer in the full-time service of the state) to practise without a qualifying certificate. A registered lawyer shall be deemed to practise as a registered lawyer if he or she engages in the provision of legal services. ‘Legal services’ are services of a legal or financial nature arising from that registered lawyer’s practice as a registered lawyer.

It should be noted that it is not permissible for a firm to classify a registered lawyer employed by a firm as a ‘legal executive’ or ‘paralegal’ with a view to avoiding the requirement to hold a qualifying certificate if the registered lawyer is engaged in the provision of legal services.

The actions that can be taken against a registered lawyer found to be practising without a qualifying certificate include a referral to the Solicitors Disciplinary Tribunal, an application to the High Court, and a report to An Garda Síochána.

Qualifying certificate application forms

Application forms will be issued after 19th December 2012. Application forms for registered lawyers in private practice will be forwarded to each registered lawyer.

When you must apply

A qualifying certificate must be applied for on or before 1 February in each year in order to be dated 1 January of that year and thereby operate as a qualification to practise from the commencement of the year. It is therefore a legal requirement for a practising registered lawyer to deliver or cause to be delivered to the Registrar of Solicitors, on or before 1 February 2013, an application in the prescribed form correctly completed and signed by the applicant registered lawyer personally, together with the appropriate fee. The onus is on each registered lawyer to ensure that his or her application form and fee is delivered by 1 February 2013. Applications should be delivered to: Regulation Department, Law Society of Ireland, George’s Court, George’s Lane, Dublin 7; DX 1025.

What happens if you apply late?

Any applications for qualifying certificates that are received after 1 February 2013 will result in the qualifying certificates being dated the date of actual receipt by the Registrar of Solicitors, rather than 1 January 2013. There is no legal power to allow any period of grace under any circumstances whatsoever.

Please note that, as mentioned above, you cannot provide legal services as a registered lawyer without a qualifying certificate in force. Therefore, registered lawyers whose qualifying certificate application forms are received after 1 February 2013 and whose qualifying certificates are therefore dated after 1 February 2013, who have provided legal services before that date, are advised to make an application to the President of the High Court to have their qualifying certificates backdated to 1 January 2013.

The Regulation of Practice Committee is the regulatory committee of the Society that has responsibility for supervising compliance with qualifying certificate requirements. A special meeting of this committee will be held on a date after 1 February 2013, to be decided at a later date, to consider any late or unresolved applications for qualifying certificates. At this meeting, any practising registered lawyers who have not applied by that date for a qualifying certificate will be considered for referral forthwith to the Solicitors Disciplinary Tribunal and will be informed that the Society reserves the right to take proceedings for an order under section 18 of the

Solicitors (Amendment) Act 2002

to prohibit them from practising illegally.

If you are an employed registered lawyer

Registered lawyers who are employed should note that it is the statutory obligation of every registered lawyer who requires a qualifying certificate to ensure that he or she has a qualifying certificate in force from the commencement of the year. Employed registered lawyers cannot absolve themselves from this responsibility by relying on their employers to procure their qualifying certificates. However, it is the Society’s recommendation that all employers should pay for the qualifying certificate of registered lawyers employed by them.

Payment by electronic funds transfer (EFT)

All qualifying certificate application forms sent out will include an EFT payment form. Any registered lawyer wishing to pay the qualifying certificate fee by EFT must complete and return the EFT payment form with their qualifying certificate application form.

Failure to do so will result in the application form being returned as incomplete.

Each EFT payment must have an easily identifiable specific reference, such as the firm or company name, the registered lawyer’s name or the registered lawyer’s number. General references, such as “Law Society” or “qualifying certificate” will not be accepted and may result in a significant delay in the issuing of the qualifying certificate. The payment reference used must be included in the EFT form

. Failure to include this information will result in the application form being returned as incomplete.

The Society’s bank account details are included in the EFT payment form. The Society cannot be held responsible for any delay which occurs in processing applications to obtain a qualifying certificate where payment has been forwarded to another Law Society account which does not deal with qualifying certificate/membership fees. You are required to ensure that the monies have been sent to the correct account as listed in the EFT payment form.

Law Directory 2013

It is intended that the Law Directory 2013 will note all registered lawyers who have been issued with a qualifying certificate by 22nd February 2013. Qualifying certificates can only be issued following receipt of a properly completed application form together with full payment, with no outstanding queries raised thereon. It should be noted that only those registered lawyers with qualifying certificates

issued

by 22nd February 2013 will be included in the Law Directory, not every registered lawyer who has submitted an application form by 22nd February 2013.

Therefore, in order to ensure that your qualifying certificate issues by 22nd February 2013 to enable you to be included in the Law Directory, you should ensure that the application form you return to the Society is completed correctly and includes full payment of fees due. If the form is not completed correctly, or fees have not been paid in full, it will be necessary for the Society to return the form, which may result in delaying the issue of your qualifying certificate, despite the fact that you had applied for the qualifying certificate prior to 22nd February 2013.

The details of any registered lawyer whose qualifying certificate issues after 22nd February 2013 will not be included in the Law Directory, but will be included in a supplementary list of registered lawyers which will be published at a later date on the Society’s website.

What you can access on the website (www.lawsociety.ie)

A blank application form will also be available in the Overseas Lawyers section of the Society’s website after 19 December 2012. This area is accessible by using your username and password. If you require assistance, please visit

www.lawsociety.ie/help

. In addition, you may request a form to be emailed to you by emailing

pcrenewals@lawsociety.ie

.

If you are ceasing practice

If you have recently ceased practice or are intending to cease practice in the coming year, please notify the Society accordingly.

Acknowledgement of application forms

Please note that it is not the Society’s policy to acknowledge receipt of application forms. If in doubt that your application form will arrive on time, or at all, send by registered post, tracked DX or courier.

Issuing a qualifying certificate

Please note that acceptance of an application form and fees by the Society is no guarantee that a qualifying certificate will be issued. There are a number of factors that may result in the Society deciding not to issue a registered lawyer with a qualifying certificate, including matters arising under

section 49

of the

Solicitors Act 1954

, as substituted by

section 61

of the

Solicitors (Amendment) Act 1994

, as amended by

section 2

of the

Solicitors (Amendment) Act 2002

. If a qualifying certificate is not issued to a registered lawyer, the relevant fees will be refunded.

Duplicate qualifying certificate

Please note that a fee of €50 will be payable in respect of each duplicate qualifying certificate issued for any purpose.

QUALIFYING CERTIFICATE APPLICATION FORM

Completion of the application form

The application form must be properly completed and dated and signed personally by the applicant. If any details are omitted from the application form, it may be returned to the applicant for proper completion and re-submission, which could result in delay in issuing a qualifying certificate to the applicant.

The application form must be properly completed by a registered lawyer engaged (or intending to engage) during the practice year ending 31 December 2013 in the provision of legal services, whether as a sole practitioner or as a partner in a registered lawyer/solicitor’s practice or as an employee (whether of a registered lawyer/solicitor(s) or of any other person or body), including a registered lawyer who does not require a qualifying certificate by reason of being a registered 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

]

(in such cases by completing the special application form for such cases) or by reason of being a registered lawyer employed full-time in the State to provide conveyancing services only to and for his/her non-registered lawyer/solicitor employer

[

section 56

of the

Solicitors (Amendment) Act 1994

].

The practice year coincides with the calendar year. The application form must be received by the Registrar at the Society’s premises, George’s Court, George’s Lane, Dublin 7, on or before 1 February 2013 in order for the qualifying certificate to be dated 1 January 2013 and thereby to operate as a qualification to practise from the commencement of the practice year 2013. A qualifying certificate issued after 1 February 2013 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.

Section A — Personal details

Please ensure this section is completed.

Section B — Status

Please complete this Section as indicated on the application form.

Notes in relation to particular parts of this Section

1 (

e

) For the purposes of this option “independent law centre” has the meaning provided for in The Solicitors Acts 1954 to 2002 (Independent Law Centres) Regulations 2006 (

S.I. No. 103 of 2006

), as amended.

1 (

f

) A registered lawyer to whom this option applies is not required to hold a qualifying certificate, but should complete the form as if applying for a qualifying certificate. No fee will be charged for a qualifying certificate and no qualifying certificate will be issued.

1 (

g

) A registered lawyer to whom this option applies is not required to hold a qualifying certificate, but should complete the form as if applying for a qualifying certificate. No fee will be charged for a qualifying certificate and no qualifying certificate will be issued.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

1

st January

, 2013.

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