S.I. No. 641/2020 - Solicitors Acts 1954 to 2015 (Applications for Removal from the Roll of Solicitors) Regulations 2020

1. An application by

[insert name and solicitor number of applicant]

(“the applicant”) dated the ......day of .........................20....... to have his/her name removed from the Roll of Solicitors was received by the Law Society of Ireland on the ......day of ..........................20........, accompanied by (an) affidavit(s) of the applicant sworn on the .......day of .....................20......

2. On their consideration of the application and the accompanying affidavit(s) of the applicant and [

if applicable

the objection(s)

of [specify the name(s) of the objector(s)]

], the Committee, being of opinion that the application should not be granted without an inquiry and without making a report to the High Court, directed on the .......day of .........................20.......that an inquiry should be held.

3. The Committee designated the .......day of .........................20.......at ..........o’clock in the ....................noon at [

specify place of inquiry]

for the inquiry and gave notice of such date, time and place to the applicant and [

if applicable

to each objector, namely: [insert name(s) of objector(s)]

and

[

if applicable

: the Committee directed the applicant to give public notice of the application by means of

[specify manner of giving public notice, by advertisement or otherwise]

, which the applicant duly gave.

4. The Committee held an inquiry in relation to the application on the .......day of ..............................20...... [

or as the case may be

commencing on the ......day of ...........................20....... and continuing on the following date, concluding on the last said date, namely

[specify each continuing date of the Inquiry]

]

5. The person(s) attending the inquiry were [

specify name of applicant and if applicable the name of each objector who attended the inquiry]

6. The appearances at the inquiry were as follows

[specify the name(s) of the solicitor, counsel, appearing for the applicant and if applicable appearing for any objector(s)]

7. (a) The following is a summary of the matter set out in the application and deposed to in the affidavit(s) furnished to the Committee by or on behalf of the applicant and [

if applicable

the documents exhibited thereto] and [

if applicable

the correspondence and/or other documents relating to the application furnished to the Committee on behalf of the applicant prior to the commencement of the inquiry]: [

set out a summary of the matters presented by the applicant as the basis of his/her application]

(b)

[If applicable]

The following further matters relating to the application, but not referred to in the application or in the accompanying affidavit(s) of the applicant and [

if applicable

the documents exhibited thereto and/or the correspondence and/or other documents] furnished by or on behalf of the applicant to the Committee, were put before the Committee at the inquiry itself

[set out a summary of these further matters].

(c) [If applicable]

The following further matters relating to the application were put before the Committee prior to or at the inquiry itself by

[insert name(s) of objector(s) to the application and set out a summary of those further matters]

AND

the Committee inquired into these further matters, with/without

[delete, as appropriate]

objection from the applicant after allowing an adjournment of ......days to enable the application to consider it/them

[ or, as the case may be

the Committee, on being of opinion that the applicant would not be prejudiced by the Committee inquiring into them forthwith, inquired into those further matters, with/without

[delete, as appropriate]

objection from the applicant].

8. The applicant was admitted as a solicitor in the ...............................Term 19....../20......and last practiced as such at

[insert applicant’s practice address as appearing in the Register of Practicing Solicitors];

the last practicing certificate held by the applicant being for the practice year ending 31 December 20......

9. The documents and submissions received by the Committee at the inquiry are set out in the minutes of the inquiry accompanying this report and the documents received and the name(s) of the parties who made submissions are set out in the Schedule of this report.

10. Following such inquiry, the Committee were of opinion that the application should be granted and have ordered that the name of the applicant be removed from the Roll of Solicitors and now make their report on the application to the High Court.

OR

Following such inquiry, the Committee were or opinion that the application should be granted/refused

[delete, as appropriate]

and the Committee have so determined and now make their report on the application to the High Court.

11. [

If applicable

] The Committee, having refused the application, have requested the Law Society of Ireland to investigate the following matter(s) arising from the objection(s) of

[insert name(s) of Objector(s)]

, which gave rise, in whole or in part, to the Committee being of opinion that the application should be so refused

[set out a summary of the matter(s) in question].

SCHEDULE

of the documents received at the inquiry

and the parties who made submissions at the inquiry

Details of documents received

[

specify each item of documents received at the inquiry]

Details of parties who made submissions

[specify the name of each

party who made submissions at

the inquiry]

SIGNED on behalf of the Committee this ......day of ......................20...... by

[insert the name of the chairperson of the division]

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

[Signature of the chairperson of the division of the Committee]

12. These Regulations shall at all times be applied so as to be conformity with the

Solicitors Act 1954

to 2015. Where a provision of these Regulations is being applied by the Committee or by a party to an application to the Committee, and where there appears to be a conflict between that provision and a provision or provision of the Acts, the provision of the Regulations shall be so construed as to be in conformity with the provision or provisions of the Acts.

Composition of Committee

13. In performing its functions under these Regulations, the Committee shall sit in a division comprising a minimum of three members of the Committee, with a designated chairperson.

Power of Committee to regulate procedures

14. Subject to any express provision of these Regulations, the Committee may regulate the procedure at any inquiry hearing, and, in particular, may determine in what order the parties or their respective solicitors or counsel should be heard.

Amendment by Committee of defective or insufficient document

15. Where it appears to the Committee that any form, affidavit or document furnished under these Regulations is defective or insufficient, the Committee may permit such form, affidavit or document to be amended or supplemented on such terms as to the adjournment of an inquiry hearing or application or otherwise as the Committee thinks fit, or may require the filing by one or other of the parties of a further affidavit or the service of a further document; provided that if such amendment or addition be such as to take any party by surprise or prejudice them in the conduct of their case, the Committee shall grant an adjournment of the inquiry hearing or application on such terms as the Committee thinks fit.

Deviation from forms

16. The forms in the Schedule to these Regulations shall be used as far as practicable, where appropriate and reasonable, but a deviation from such forms shall not, by reason only of such deviation, make invalid any application to the Committee, or any form, affidavit or document in connection therewith.

Mistakes or errors in orders or reports

17. Clerical mistakes in circulated reports of the Committee to the High Court or in circulated orders, or errors arising therein from any accidental slip or omission, may at any time be corrected by the Committee on the application of any party, on due written notice to the other party or other persons interested, or on the Committee’s own motion, as the case may be.

Legal representation

18. At an inquiry, any party may appear in person or by solicitor or by solicitor and barrister.

Orders for removal from Roll to be sent to Registrar

19. The Committee shall ensure that a copy of every order of the Committee providing for the removal of the name of a solicitor from the Roll on foot of an application shall be furnished to the Registrar, who shall make the consequential amendment to the Roll.

Signed on behalf of the Law Society of Ireland pursuant to

section 79

of the

Solicitors Act 1954

.

Dated this 4th day of December 2020

JAMES CAHILL

President of the Law Society

SCHEDULE

FORM VR1

FORM OF APPLICATION BY A SOLICITOR FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

[Regulation 2]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application

[insert name and solicitor number of applicant]

, a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

TAKE NOTICE that I

[insert name and solicitor number of applicant],

a solicitor of

[insert applicant’s address as appearing in the Register of Practicing Solicitors or, if none, his or her place of residence]

HEREBY APPLY to the Law Society of Ireland to have my name removed from the Roll of Solicitors

AND TAKE NOTICE that I make this application to the Law Society of Ireland for the following reason(s) [

set out the reasons for the application

] AND I refer to my affidavit sworn the .......day of ..................20......which accompanies this application.

Dated this ............day of ............20.......

Signature of applicant: ..........................................

Address:...................................................................................................................................................................

To: The Regulation of Practice Committee

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

And: The Registrar of Solicitors

Law Society of Ireland

George’s Court

George’s Lane

Dublin 7

FORM VR2

FORM OF AFFIDAVIT BY A SOLICITOR TO ACCOMPANY AN APPLICATION FOR THE REMOVAL OF HIS OR HER NAME FROM THE ROLL OF SOLICITORS

[Regulation 2]

REGULATION OF PRACTICE COMMITTEE

In the matter of an application by

[insert name and solicitor number of applicant]

, a solicitor, to have his/her name removed from the Roll of Solicitors

And in the matter of the Solicitors Acts 1954 to 2015

I,

[insert name and solicitor number of applicant] of [insert address and present occupation of applicant],

aged 18 years and upwards, MAKE OATH and say as follows

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of

29

th December,

2020.

ARRANGEMENT OF REGULATIONS

CONTENTS

Page No.