Solicitors Act, 1954. Solicitors' (Disciplinary Committee) Rules, 1955.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: By virtue and in pursuance of sections 4, 5 and 20 of the Solicitors' Act, 1954, the Disciplinary Committee with the concurrence of the Chief Justice hereby make the annexed rules regulating applications to the Committee and the hearing, conduct, and determination of such applications and of inquiries held by the Committee.
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paragraphs: These rules shall come into operation on the 23rd day of February, 1955 and may be cited as the Solicitors' (Disciplinary Committee) Rules 1955.
Dated this 23rd day of February, 1955.
(Signed)
Joseph Barrett
A. Cox
N. S. Gaffney
John R. Halpin
John J. Nash
William J. Norman
James J. O'Connor
Thomas A. O'Reilly
G. G. Overend
Dermot P. Shaw
I concur in the making of the annexed rules.
PART I. PRELIMINARY.
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paragraphs: —(1) In these rules the expression "the Society" means the Incorporated Law Society of Ireland. The expression "the chairman" means the person in the chair at any meeting of the Committee. The expression "the clerk" means such person as may be appointed by the Committee from time to time to act as clerk to the Committee. The expression "the Committee" means the Disciplinary Committee. The expression "the Council" means the Council for the time being of the Society. The expression "the registrar" means the registrar of Solicitors. The expression "the secretary" means the secretary for the time being of the Society. The expression "the Act" means the Solicitors Act, 1954 .
(2) The Interpretation Act 1937 shall apply for the purpose of the interpretation of these rules as it applies for the purpose of the interpretation of an Act of the Oireachtas except in so far as it may be inconsistent with the Act or these rules.
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paragraphs: The Committee shall from time to time appoint a clerk to the Committee and may, if they think fit, remove him.
PART II. APPLICATIONS AGAINST SOLICITORS.
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paragraphs: An application to the Committee under section 14 (1) (b) or (c) of the Act shall be in writing, signed by the applicant, in form No. DC 1 in the schedule, and shall be sent to the clerk together with an affidavit by the applicant entitled as in form No. DC 3 in the schedule stating the matters of fact on which he relies in support of the application. The applicant shall send with his application and affidavit all such documents or copies thereof as he may rely on in support of his application.
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paragraphs: If the Committee decide that a prima facie case has been shown a copy of the application and the affidavit shall be sent by the clerk to the solicitor at his last known place of business, together with copies of the documents lodged by the applicant or a list of such documents and a notice to the solicitor in form No. DC 5 in the schedule signed by the clerk requiring the solicitor to send to the clerk within ten days an affidavit in answer to the application with all such documents or copies thereof as the solicitor may rely upon in support of his answer to the application.
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paragraphs: After the expiration of the said period of ten days the clerk shall bring before the Committee the application, affidavit, and any documents lodged by the solicitor.
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paragraphs: If upon reading the affidavits and documents lodged by the applicant or by the applicant and the solicitor respectively, the Committee decide that no prima facie case has been shown the clerk shall inform the applicant and the solicitor in writing of the decision of the Committee and the Committee shall take no further action upon the application; but if on reading the affidavits and documents lodged the Committee are of opinion that the charge preferred by the applicant should be more fully investigated the clerk shall send to the applicant and to the solicitor fourteen days' notice of the day for hearing of the application in forms numbers DC 6 and DC 7 in the schedule.
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paragraphs: An order made by the Disciplinary Committee shall contain a statement of their findings and shall be signed by two of their members.
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paragraphs: If the findings and order of the Committee are not pronounced on the day of the hearing the clerk shall give notice to the parties of the date when the findings and order will be pronounced.
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paragraphs: After pronouncing their findings and order the Committee shall direct the clerk to lodge a copy of the order with the registrar, either bearing the note mentioned in section 21 (6) (b) of the Act or without such note, and the clerk shall as soon as the order has been drawn up and signed file a copy thereof with the registrar in accordance with such direction. A direction under section 21 (6) (b) of the Act may be given at any time and may be varied, amended or suspended from time to time.
PART III. APPLICATIONS AT THE INSTANCE OF A SOLICITOR FOR THE REMOVAL OF HIS NAME FROM THE ROLL.
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paragraphs: An application by a solicitor to have his name removed from the roll shall be made on notice to the registrar in the form No. DC 2 in the schedule hereto, accompanied by an affidavit in the form No. DC 4 in the said schedule.
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paragraphs: The applicant shall lodge the notice and affidavit with the clerk and shall send a copy of each to the registrar.
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paragraphs: The Committee may decide upon the application without requiring the attendance of the applicant. In any other case the Committee shall fix a day for the hearing and the clerk shall give ten days' notice of such date to the applicant and to the registrar in form No. DC 11 in the schedule. The Committee may if they think fit require the applicant to give notice by advertisement or otherwise as they may direct that he has made such application and of the day appointed for the hearing thereof.
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paragraphs: If any person wishes to object to the application he shall give notice in writing, in form No. DC 12 in the schedule, to the applicant, and registrar, and shall file it with the clerk at least seven days before the date fixed for the hearing.
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paragraphs: If the objector appears on the day fixed for the hearing and if the Committee are of opinion after hearing the parties, or any of them that the notice discloses a prima facia case for inquiry of which they do not dispose on that day they shall adjourn the hearing and shall give directions relating to the adjourned hearing, including directions as to the party on whom the burden of proof shall lie.
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paragraphs: In dealing with any application by a solicitor to have his name removed from the roll the Committee may order either that the name of the solicitor be removed from the roll or that the application be refused. A copy of such order, either with or without the note mentioned in section 21 (6) (b) of the Act as may be directed by the Committee, shall be filed by the clerk with the registrar.
PART IV. APPLICATIONS FOR RE-ADMISSION.
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paragraphs: An application by a solicitor for the replacement of his name on the roll pursuant to section 14 (1) (d) of the Act shall be made to the Committee on notice to the registrar in the form No. DC 10 in the schedule hereto, signed by the applicant, with an affidavit by the applicant stating the grounds of his application. The said notice and affidavit with any documents relied on shall be filed with the clerk and a copy of each shall be sent by the applicant to the registrar.
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paragraphs: The clerk shall bring before the Committee the notice, affidavit and any documents lodged by the applicant, together with any answering affidavit lodged by the registrar and the Committee on considering the said documents shall by order either refuse the application or direct that the name in question be replaced on the roll.
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paragraphs: The Committee shall direct the clerk to file a copy of the order with the registrar, either bearing the note mentioned in section 21 (6) (b) or without such note, and the clerk shall as soon as the order shall have been drawn up and signed file a copy thereof with the registrar in accordance with such direction and shall send a copy thereof to the applicant.
PART V. GENERAL.
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paragraphs: The clerk shall send to each party to proceedings before the Committee under these rules a list of documents lodged with the Committee by any other party to the proceedings and any party may at any time inspect the documents on such list and shall be entitled on request and on reasonable notice to the clerk to receive copies of all or any of such documents at his own expense.
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paragraphs: Service of any notice or document under these rules may be effected by registered post addressed in the case of a solicitor to his principal place of business appearing on the register kept by the registrar and in every other case to the last known residence or place of business of the person to be served and in proving service it shall be sufficient to prove that the letter was properly addressed and posted.
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paragraphs: —(a) The Committee may in any case in which it shall appear necessary make an order for the examination upon oath before the Committee or any member thereof or any other person being a notary public, solicitor, or barrister, under the law of the country in which the evidence is taken and at any place of any witness or person and may empower any party to an application to give such deposition in evidence therein on such terms, if any, as the Committee may direct.
(b) The provisions of these rules with regard to witness summonses, service, and attendance of witnesses shall apply in regard to an examination under the last preceding paragraph in like manner as they apply to a hearing by the Committee.
(c) The examination shall take place in the presence of the parties, their counsel, solicitors, or agents, if they wish to attend but their absence after reasonable notice shall not invalidate the proceedings.
(d) The witnesses shall be sworn and shall be subject to examination, cross-examination, and re-examination and the depositions shall be taken down in writing by or in the presence of the examiner and when completed shall be read over to the witness and signed by him in the presence of the parties or such of them as may think fit to attend. If a witness shall refuse to sign the depositions the examiner shall sign the same. The examiner may put any question to the witness as to themeaning of any answer or as to any matter arising in the course of the examination. Any questions which may be objected to shall be taken down by the examiner in the depositions and he shall state his opinion thereon and shall refer to such statements in the depositions but he shall not have power to decide upon the materiality or relevancy of any question.
(e) The examiner taking the evidence of any witness or person may administer oaths.
(f) The original depositions authenticated by the signature of the examiner shall be transmitted by him to the clerk to the Committee.
(g) No depositions shall be given in evidence at the hearing of an application without the consent of the parties against whom it may be offered unless the Committee are satisfied that the deponent is dead or beyond the jurisdiction or unable from illness or other infirmity to attend the inquiry, in any of which cases the depositions certified under the hand of the examiner shall be admissible in evidence saving all just exceptions, without proof of the signature to such certificate.
(h) It shall be assumed unless the contrary is proved that a person who takes evidence under this rule has the qualifications mentioned in paragraph (a).
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paragraphs: Witnesses shall be sworn or their affirmations shall be taken by the Chairman and such witnesses including the parties shall be subject to examination cross-examination and re-examination.
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paragraphs: —(1) Any party to an application to the Committee may apply to the clerk for a summons to a witness under section 19 (1) of the Act by notice in writing stating the name, address, and occupation of the witnesses to be summoned and the clerk shall thereupon obtain the necessary summons, signed by a member of the Committee and deliver or send it to the party requiring it for service. Service of a witness summons shall be effected by delivering a copy of the summons to the person whose attendance is required and showing him the original. Service of such a summons shall be invalid if not made within twelve weeks from its date. A witness summons may be ad testificandum or duces tecum or both in forms DC 8 and DC 9 in the schedule hereto.
(2) An application to the Committee under the Bankers' Books Evidence Act, 1879, shall be made ex parte, supported by an affidavit by the applicant stating the grounds of the application.
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paragraphs: —(1) The Committee may abridge or extend the time for the furnishing of any notice, affidavit, or document under these rules or for doing anything thereunder and may receive any application or affidavit notwithstanding any irregularity in its form where it appears to the Committee to be just to do so.
(2) If upon the hearing it shall appear to the Committee that any notice or affidavit served or filed under these rules is defective or insufficient the Committee may permit such notice or affidavit to be amended or supplemented on such terms as to adjournment, costs, or otherwise as the Committee shall think fit, or may require the filing of a further affidavit or the service of a further notice, provided that if such amendment or addition shall be such as to take any party by surprise or prejudice the conduct of the case the Committee shall grant an adjournment of the hearing upon such terms as to costs or otherwise as the Committee shall think fit.