Topic: Representation of a client in legal proceedings
SC11 - European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 to 2004
1. This practice direction applies to any lawyer wishing to pursue activities in the State relating to the representation of a client in legal proceedings before the Supreme Court or the Court of Criminal Appeal as a visiting lawyer within the meaning of the above-mentioned regulations.
2. Any such lawyer ("the visiting lawyer") shall, for the purpose of establishing his or her qualification as a lawyer in accordance with Regulation 7(1) of the European Communities (Freedom to Provide Services) (Lawyers) Regulations, 1979 ("the 1979 Regulations"), comply with the following procedure:
3. The visiting lawyer shall file with the appropriate court an affidavit sworn before a solicitor practising, or commissioner authorised to take oaths, in this country (who may be the lawyer in conjunction with whom he or she is working as required by the regulations) deposing as to the following:
(a) the Member State of the European Union in which he or she is established as a lawyer and the professional title which he or she is entitled to use by reference to the relevant designation in the regulations.
(b) the name of the university or other institute from which he or she has obtained legal qualifications, including the year and title of the law degree awarded.
(c) the name and address, and full details of the competent authority under whose authority he or she is entitled to practise in the Member State in question. The affidavit shall exhibit documentary evidence from that authority of his or her entitlement to so practise, and may include any other information relevant to establishing his or her entitlement to practise in the Member State.
4. The affidavit should be lodged with the registrar of the court together with particulars of the lawyer entitled to practise before the court in conjunction with whom the EU lawyer is working in accordance with Regulation 6 of the 1979 Regulations.
5. Once such an affidavit is lodged in relation to one set of proceedings it shall not be necessary to lodge any further affidavit from the visiting lawyer in relation to any other and subsequent set of proceedings unless the court shall give a special direction otherwise. In each case however the Registrar should be informed of the identity of the lawyer entitled to practise before the court in conjunction with whom the visiting lawyer is working.
The court may in its discretion, having regard to the circumstances of the case, hear a visiting lawyer pending the filing of such an affidavit and otherwise give directions regarding same.
John L. Murray
22nd May, 2006