Solicitors (Disciplinary Committee) Rules 1961.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: By virtue and in pursuance of section 16 of the Solicitors (Amendment) Act 1960 the Disciplinary Committee with the concurrence of the President of the High Court hereby make the annexed rules.
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paragraphs: These rules shall come into operation on the 10th day of February 1961 and may be cited as the Solicitors (Disciplinary Committee) Rules 1961.
Dated this 10th day of February 1961.
(Signed)
Niall S. Gaffney.
John Carrigan.
Desmond J. Collins.
John R. Halpin.
Eunan McCarron.
Peter E. O'Connell.
George G. Overend.
Peter D. M. Prentice.
Dermot P. Shaw.
Robert McD. Taylor.
The members of the Disciplinary Committee.
I concur in the making of the annexed rules.
CAHIR DAVITT.
President of the High Court.
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 1954 Act " means the Solicitors Act 1954 ; the expression " the 1960 Act " means the Solicitors (Amendment) Act, 1960 ; the expression " the Acts " means the Solicitors Acts, 1954 and 1960.
(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 Acts 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. —APPLICATION FOR AN INQUIRY INTO THE CONDUCT OF A SOLICITOR.
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paragraphs: An application to the Committee for an inquiry under section 7 of the 1960 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 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. Where the application is made by or on behalf of the Society the affidavit shall be made under and in accordance with Rule 32 and the matters relied on as constituting misconduct may be shown by correspondence or unsworn statements or information received by the Society exhibited or set forth in such affidavit.
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paragraphs: If, upon considering the application and the affidavit by the applicant and any documents sent therewith, the Committee shall be of opinion that there is no prima facie case for inquiry the Committee shall so inform the applicant in writing and shall take no further action in relation to the application.
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paragraphs: If, upon such consideration, the Committee shall be of opinion that a prima facie case for inquiry has been shown the Committee shall hold an inquiry.
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paragraphs: The Committee shall fix a date for such inquiry and the clerk shall send to the applicant and to the solicitor not less than fourteen days' notice of the date fixed therefor. The clerk shall also send to the solicitor copies of the application and of the affidavit by the applicant and a list, or, if the Committee shall so direct, copies of any documents lodged by the applicant. The solicitor may within ten days send to the clerk an affidavit in answer to the application together with all such documents (or copies thereof) as the solicitor may rely upon in support of his affidavit. The clerk shall send to the applicant a copy of any affidavit filed by the solicitor together with a list of any documents lodged by him. The notice to the applicant under this rule shall be in form DC 5 and the notice to the solicitor shall be in form DC 6.
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paragraphs: Every such inquiry as is mentioned in the preceding rules shall in the first instance proceed upon the application and the affidavit filed by the applicant in support thereof and any documents lodged by him and any affidavit which may have been filed and any documents lodged by the solicitor respectively, but at any such inquiry the Committee may receive further documentary or oral evidence tendered by either party on such terms as they shall think fit, and may consider any matters referred to in such evidence and any such inquiry may be adjourned from time to time by the Committee for the purpose of hearing further evidence or otherwise in the discretion of the Committee.
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paragraphs: —(1) A report from the Committee to the High Court as to the result of an inquiry shall be in form DC 14. Such report shall be signedon behalf of the Committee by the chairman or by any two members of the Committee who conducted the inquiry and shall be sent by the clerk to the High Court.
(2) If the Committee find in their report that misconduct has not been proved against the solicitor the clerk shall so inform the parties and shall state that the Society will not bring the report before the High Court.
(3) If the Committee find in their report that there has been misconduct on the part of the solicitor in respect of any matter complained of in the application or that he has not answered satisfactorily the allegations against him the Society shall cause a copy of such report to be lodged in the High Court and shall bring the matter before the High Court on notice to the applicant and to the solicitor. A copy of a report of the Committee shall be sent by the clerk to each party to the application.
PART III—APPLICATION 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 DC 2 accompanied by an affidavit in form DC 4.
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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. The registrar or any other person interested may object to the granting of the application by giving notice in writing in form DC 10 to the applicant and filing it with the clerk.
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paragraphs: The committee may grant the application without requiring the attendance of the applicant. In any other case the Committee shall fix a day for an inquiry and the clerk shall give ten days' notice of such date to the applicant and to the registrar in form DC 9. 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 inquiry.
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paragraphs: If any person wishes to object to the application he shall give notice in writing in form DC 10 to the applicant and registrar and shall file it with the clerk at least seven days before the date fixed for the inquiry or any adjournment thereof.
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paragraphs: On the day fixed for the inquiry the Committee shall consider the application and any notices which may have been filed under rules 10 or 12. If, after hearing the application and any objector appearing in person or by solicitor or counsel, the Committee are of opinion that the application should be further inquired into they shall either proceed to hear any evidence which may be tendered by the applicant or by any objector, or shall adjourn the inquiry and give such directions relating to such adjourned inquiry as they shall think fit.
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paragraphs: —(1) If the Committee are of opinion that the application should be granted they may order that the name of the solicitor be removed from the roll.
(2) If after considering the application the Committee are of the opinion that the application should not be granted they shall make a report to the High Court in form DC 15. Such report shall be signed on behalf of the Committee by the chairman or any two members of the Committee who conducted the inquiry. The Society shall bring the report before the High Court by lodging a copy in the office of the High Court and serving a copy on the solicitor with notice of the hearing of the application to confirm the report.
(3) An order of the Committee under rules 11 or 14 (1) shall be in form DC 16 and shall be signed by the chairman or by any two members at the meeting of the Committee or at the inquiry at which the order was made.
PART IV—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: Where any document is required or authorised by or under these rules to be served on any person the provisions of section 30 of the Solicitors (Amendment) Act 1960 shall apply in relation to the service of that document viz ;
(a) it may be served—
(i) by delivering it to that person, or
(ii) by sending it by registered post in an envelope addressed to that person at his last known place of business or residence in the State or, if he is a solicitor, at the last address appearing in the register of practising solicitors,
(b) where that person is absent from the State or his 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) hereof 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.
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paragraphs: —(1) Subject to these rules, the evidence of witnesses at any inquiry shall be given on oath or by affirmation and witnesses shall be sworn or their affirmations shall be taken by the chairman.
(2) In proceedings before the Committee any judgment or conviction by any Court, or any finding as to fact by any Court, judge or jury, or any process, summons, affidavit or other document on the file of the Court forming the basis of the judgment in any civil proceedings against a solicitor may be received as evidence of matters stated therein or appearing therefrom.
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paragraphs: Subject to any express provision in these rules the Committee may regulate the procedure at any inquiry and in particular may determine in what order the parties or their respective solicitors or counsel shall be heard.
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paragraphs: Where evidence is tendered by affidavit the committee on the application of either party may order the attendance for cross-examination of the person making such affidavit.
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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 15 (1) of the 1960 Act by notice in writing stating the name, address and occupation of the witness to be summoned. 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 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 in form DC 7 or DC 8.
(2) An application to the Committee under the Bankers' Books Evidence Acts 1879 and 1959 shall be made ex parte supported by an affidavit by the applicant stating the grounds of the application.
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paragraphs: The Committee may 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 document notwithstanding any irregularity in its form where it appears to the Committee to be just to do so.
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paragraphs: If it shall appear to the Committee that any affidavit or document filed or served under these rules is defective or insufficient the Committee may permit such affidavit or document to be amended or supplemented on such terms as to adjournment or otherwise as the Committee shall think fit, or may require the filing of a further affidavit or the service of a further document, 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 inquiry upon such terms as the Committee shall think fit.
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paragraphs: The forms in the schedule to these rules shall be used in all cases as far as practicable but a deviation from such forms shall not, by reason only of such deviation, make any application, notice, affidavit or other document, or proceedings, invalid.
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paragraphs: At any inquiry any party may appear in person or by solicitor or by solicitor and counsel. At the request of an applicant appearing in person the Committee may if they think fit appoint a solicitor or solicitor and counsel to represent the applicant.
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paragraphs: If any party does not appear at an inquiry the Committee may, upon proof of service on such party of the notice, proceed with the inquiry in his absence.
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paragraphs: A record of the evidence at an inquiry before the Committee may be taken by a person appointed by the Committee either by shorthand or by mechanical sound recording and any party to the proceedings before the Committee shall be entitled to a transcript on payment of the charges therefor. If no such record be taken the chairman shall take a note of the evidence and the provisions of this rule as to the furnishing of copies thereof shall apply to such note.
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paragraphs: —(1) The Committee may at any stage in proceedings against a solicitor direct service of notice of the proceedings in form DC 17 on the registrar to enable the Society, if they shall think fit, either to lodge a further application against the solicitor or to undertake on behalf of the original applicant the prosecution of the application and may adjourn the proceedings on such terms as the Committee shall think fit.
(2) If the Society shall decide either to lodge a further application or to undertake the prosecution of the original application they shall serve upon the clerk and the parties to the proceedings a notice of their intention so to do in form DC 18.
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paragraphs: An application to the Committee shall not be withdrawn except by leave of the Committee and on such terms as the Committee shall direct.
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paragraphs: —(1) Any party may by notice in writing in forms Nos. DC. 11 or DC. 12 at any time not later than nine days before the date fixed for an inquiry or any adjournment thereof call upon any other party to admit any document or fact saving all just exceptions, and if such other party wishes to challenge the said document or fact he shall within six days after service of such notice give notice in form DC 13 that he does not admit the same and the he requires proof thereof at the inquiry or adjournment thereof.
(2) If such other party does not give notice of non-admission within the time prescribed in the last proceding paragraph he shall be deemed to have admitted the document or fact unless the Committee shall otherwise direct.
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paragraphs: All notices and affidavits shall be filed with and kept by the clerk. The Committee may direct that any books, papers or exhibits produced or used at an inquiry shall be retained by the clerk until the termination of the proceedings.
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paragraphs: The Committee shall hold their meetings in the Solicitors' Buildings, Four Courts, Dublin or at such other place as they may appoint and at such times as they may fix and may adjourn the consideration of any case from time to time and from place to place. The meetings of the Committee shall be open only to such persons in addition to the parties summoned to attend and any necessary witnesses as the Committee may permit. The secretary shall attend meetings of the Committee unless the Committee shall otherwise direct.
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paragraphs: The Society or the secretary shall be entitled to make an application to the Committee in accordance with these rules notwithstanding that any other person may be entitled to make such an application. Where an application is made by the Society the secretary, or such other person as the Council may appoint to act for the Society, may sign any document, make any affidavit and do on behalf of the Society all acts and things which may be necessary for the purpose of such application. The Society may be represented at the inquiry either by the secretary or by solicitor or by solicitor and counsel.
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paragraphs: A copy of every order for the striking off or removal of a name on the roll shall be lodged by the clerk with the registrar who shall make any necessary entry on or alteration in the roll.