Back-dating practising certificates
A practising certificate must be applied for on or before 1 February in each year in order to be dated 1 January of that year and thereby operate as a qualification to practise from the commencement of the year.
Any applications for practising certificates that are received after 1 February in each year will result in the practising certificate being dated the date of actual receipt by the Registrar of Solicitors of the properly completed application form and full payment, rather than 1 January in that year. There is no legal power to allow any period of grace under any circumstances whatsoever.
Where a solicitor commences practising during the year, a practising certificate must be in force on or before the date the solicitor begins to provide legal services. The practising certificate will be dated the date of actual receipt by the Registrar of Solicitors of the properly completed application form and full payment.
It is professional misconduct and a criminal offence for a solicitor (other than under exceptions provided for in legislation) to practise without a practising certificate. A solicitor shall be deemed to practise as a solicitor if he or she engages in the provision of legal services, whether in reserved or unreserved areas. ‘Legal services’ are services of a legal or financial nature provided by a solicitor arising from that solicitor’s practice as a solicitor.
As such, any solicitor whose practising certificate is dated after the date that they commenced providing legal services in any year is advised to make an immediate application to the President of the High Court to have their practising certificate backdated to the date on which they commenced providing legal services in that year. The Society has no legal power to backdate a practising certificate.
The Society is a notice party to backdating applications to the High Court. It is matter for each solicitor to prepare their own affidavit with regard to this application. The Society seeks its costs of €350 per solicitor for each application.
Once the High Court has heard the notice of motion and consented to the backdating of the practising certificate, it is necessary to take up a copy of the order and furnish same to the Society together with payment in full of the costs awarded and to surrender the original practising certificate to the Society. On receipt of this documentation, original practising certificate and payment, the Society will issue the backdated practising certificate.
The actions that can be taken against a solicitor found to have practised or be practising without a practising certificate include a referral to the Solicitors Disciplinary Tribunal, an application to the High Court, and a report to An Garda SÃochána.
Further information on backdating practising certificates, including a precedent notice of motion, can be obtained from the Practice Regulation Section of the Society by emailing pc@lawsociety.ie.