Appendix H: Solicitors

No. 1  Certificate of Admission
No. 2

Petition Bringing a Report Before the Court under Section 7(3) of the Act of 1960.

No. 3

Petition under Section 9 of the Act of 1960.

No. 4

Affidavit Verifying Petition.

 

 

No. 1

CERTIFICATE OF ADMISSION

………… Sittings 20 …..

Forasmuch as, upon examination and enquiry touching the fitness and capacity of [full name], of ......... in the City/ County of .......... , to act as a Solicitor, I am satisfied that the said [full name] ................. is duly qualified so to act.

I do, by this writing under my hand, admit the said [full name] to be a Solicitor of the Courts and I direct that his/her name be entered on the Roll of Solicitors.

Signed: ………………

Uachtarán na hArd-Chúirte

President of the High Court

Enrolled the .... day of ......... 20 ...

Signed: ………………

Cláraitheoir na nAturnaethe

Registrar of Solicitors

 

Substituted by SI 701 of 2004, effective 25 September 2004.

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No. 2

O. 53, r. 7

 

PETITION BRINGING A REPORT BEFORE THE COURT UNDER SECTION 7(3) OF THE ACT OF 1960.

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THE HIGH COURT.

In the matter of A.B., a solicitor

And in the matter of the Solicitors Acts 1954 and 1960.

To the High Court.

The humble petition of the Incorporated Law Society of Ireland showeth as follows:

1. On the ..... day of ..... C.D., of ..... (or your petitioners) pursuant to the provisions of the Solicitors (Amendment) Act, 1960, section 7, applied to the Disciplinary Committee for an inquiry into the conduct of the above named A.B. of ..... a solicitor.

2. Pursuant to the provisions of the said section 7, the Disciplinary Committee held an inquiry on (date or dates) and on completion thereof embodied their findings in a report to the Court, which is annexed hereto.

3. As appears from the said report the Disciplinary Committee found that there has been misconduct on the part of the said A.B. in respect of (some of) the matters complained of in the said application (or that the said A.B. has not satisfactorily answered the allegations against him).

Your petitioners therefore pray, that, in accordance with the provisions of the Solicitors (Amendment) Act, 1960, section 8, the Court may consider the said report and that after consideration thereof, it may be pleased to order:

(1) that the name of the said A.B. be struck off the roll of solicitors [or as the case may be].

(2) [where appropriate] that the said A.B. do make such restitution to ..... as the Court may think fit [or as the case may be];

(3) that the costs incurred by the said C.D. (or your petitioners) in the proceedings before the Disciplinary Committee be paid by the said A.B.

(4) that the costs of these proceedings be paid by the said A.B.

(5) that such further or other order may be made as the Court may think fit, And your petitioners will ever pray.

Dated

For and on behalf of the Incorporated Law Society of Ireland,

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

Secretary of the Society or the Registrar of Solicitors.

This petition is filed on behalf of the Incorporated Law Society of Ireland ..... by ..... Solicitor, of Solicitors' Buildings, Four Courts, Dublin.

 

   Amended by SI 238 of 1993, effective 5 August 1993, by which the words "Secretary of the Society of the Registrar of Solicitors" are substituted for the word "Secretary". NB: This appears to be a typographical error – presumably it should be “Secretary of the Society or the Registrar of Solicitors".

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No. 3

O. 53, r. 7

PETITION UNDER SECTION 9 OF THE ACT OF 1960.

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[Title as in Form No. 2].

To the High Court.

The humble petition of the Incorporated Law Society of Ireland showeth as follows:

1. On the ..... day of ..... the above named A.B. of ..... , a solicitor, pursuant to the provisions of the Solicitors (Amendment) Act 1960, section 9, applied to the Disciplinary Committee to have his name removed from the roll of solicitors.

2. Pursuant to the provisions of the said section 9, the Disciplinary Committee held an inquiry on [date or dates] and not being of opinion that the application should be granted without making a report to the Court, they made a report to the Court, which is annexed hereto.

Your petitioners therefore pray, that, in accordance with the provisions of the said section 9, the Court may consider the said report and that after consideration thereof it may be pleased to order:

(1) that the said application be refused [or granted];

(2) that the costs of your petitioners in the proceedings before the Disciplinary Committee and of these proceedings be paid by the said A.B.

And your petitioners will ever pray

Dated

For and on behalf of the Incorporated Law Society of Ireland,

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

Secretary of the Society or the Registrar of Solicitors.

This petition is filed on behalf of the Incorporated Law Society of Ireland by ..... Solicitor, of Solicitors' Buildings, Four Courts, Dublin.

 

   Amended by SI 238 of 1993, effective 5 August 1993, by which the words "Secretary of the Society of the Registrar of Solicitors" are substituted for the word "Secretary". NB: This appears to be a typographical error – presumably it should be “Secretary of the Society or the Registrar of Solicitors".

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No. 4.

O. 53, r. 7

 

AFFIDAVIT VERIFYING PETITION.

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[TITLE AS IN FORM No. 2].

I, .... ..... of ..... , Secretary of the Incorporated Law Society of Ireland, make oath and say as follows:

1. I beg to refer to a copy of the petition herein upon which marked with the letter "A" I have indorsed my name before swearing this affidavit.

2. Such of the statements therein as relate to my own acts and deeds are true and such of the statements therein as relate to the act s and deeds of the Disciplinary Committee or any other person or persons I believe to be true.

3. The signature "E.F." to the report annexed to the said petition is the signature of E.F. who was the chairman [or as the case may be] of the Disciplinary Committee who conducted the inquiry therein referred to.

4. I make this affidavit on behalf, and with the authority of, the Incorporated Law Society of Ireland.

Sworn, &c.

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