S.I. No. 443/2013 - Solicitors (Delivery of Documents) Regulations 2013.

1. TAKE NOTICE that, in accordance with the provisions of

section 19

(1)(

b

) of the

Solicitors (Amendment) Act, 1960

, as substituted by

section 27

of the

Solicitors (Amendment) Act, 1994

, the Law Society of Ireland being of the opinion that .................................................. solicitor .................................................. in the title hereof named or his/her clerk or servant

(

a

) has been guilty of dishonesty in connection with the practice of the said solicitor, AND/OR

(

b

) has abandoned his/her practice or has ceased to carry on his/her practice other than for one or more of the reasons set forth in section 60(1) (as substituted by the

Solicitors (Amendment) Act, 1994

) of the Principal Act.

AND that adequate arrangements have not been made for the making available to the clients of such solicitor of all or any documents held in the possession or in the control or within the procurement of that solicitor on behalf of those clients, the Society may give notice in writing to that solicitor or to any other person or persons in possession or control of such documents, or any of them, requiring the productions and delivery to any person appointed by the Society, at a time and place to be fixed by the Society, of such documents or any of them.

2. The Society HEREBY REQUIRES the production and delivery to .................................................. or his/her nominee [insert name of person appointed to take delivery of documents]

of .................................................. [insert address]

............................................................................................

being the person appointed by the Society for that purpose, or to his/her nominee, of all documents, or any of them, in the possession or control of .................................................. in connection with the above named solicitor or relating to any trust of which such solicitor is the sole trustee or of which the trustees are such solicitor with a partner, clerk, or servant of his/her, or with more than one of such persons, OR

The Society HEREBY REQUIRES production of the following documents only

............................................................................................

............................................................................................

[if certain documents only are required, specify the documents]

at such place and at such time as the said

.................................................. [insert name of person appointed to take delivery of documents]

............................................................................................

............................................................................................

............................................................................................

may appoint for such purpose.

3. TAKE NOTICE, that if you refuse or fail to produce and deliver such documents in accordance with this notice, proceedings will be taken by the Society under

section 19

(1) of the

Solicitors (Amendment) Act 1960

, as substituted by

section 27

of the

Solicitors (Amendment) Act, 1994

.

Dated this day of

Signed ............................................................................................

Registrar of Solicitors.

To ............................................................................................

And to all others to whom it may concern.

4. Any notice to be made under these Regulations shall be in writing and may be communicated in the following manner:—

(

a

) it may be served—

(i) by delivering it by hand to that person, or

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

(iii) by sending it by ordinary prepaid post in an envelope addressed to that person at his/her last known place of business or residence in the State or, if he/she is a solicitor, at the last address appearing in the register of practising solicitors;

(

b

) a notice sent by ordinary prepaid post shall be deemed to have been served 48 hours after posting (in the absence of evidence that it has been mis-delivered or returned undelivered), and in proving such service by post it shall be necessary to prove only that the notice was contained in an envelope that was duly addressed and posted in accordance with this Regulation;

(

c

) where that person is absent from the State or his/her 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

) of this Regulation 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.

Dated this 25th day of November 2013.

SIGNED on behalf of the Law Society of Ireland pursuant to

section 79

of the

Solicitors Act, 1954

.

JOHN P. SHAW,

President of the Law Society of Ireland.

I concur in the making of the above regulations.

SIGNED this 25th day of November 2013.

THE HON. MR. JUSTICE NICHOLAS KEARNS

President of the High Court.

SCHEDULE

Form (A)

[INSERT NAME AND ADDRESS OF SOLICITOR]

NOTICE REQUIRING THE PRODUCTION OR DELIVERY OF DOCUMENTS.

SOLICITORS ACTS, 1954 TO 2011.

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

26

th November

, 2013.

THE LAW SOCIETY OF IRELAND, in exercise of the powers conferred on them by

sections 4

,

5

and

73

of the

Solicitors Act, 1954

and

section 24

of the

Solicitors (Amendment) Act, 1960

hereby make the following Regulations

Citation