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Why You Need a Practising Certificate

 It is misconduct and a criminal offence for a solicitor (other than a solicitor in the full-time service of the state) to practise without a practising certificate.

Any solicitor found to be practising without a practising certificate is liable to be referred to the Solicitors Disciplinary Tribunal.

When You Must Apply

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. It is a legal requirement for a practising solicitor to deliver or cause to be delivered to the registrar of solicitors at the Society’s premises at Blackhall Place, Dublin 7, on or before 1 February 2008, an application in the prescribed form duly completed and signed by the applicant solicitor personally. The onus is on each solicitor to ensure that his or her application form is delivered by Friday 1 February 2008, with the appropriate fee.

Section D of the Form

 Each year, a considerable number of application forms are returned to solicitors who omit to complete section D, which relates to investment business services or investment advice. It is necessary for either part I or part II of this section to be completed in order for the Society to process your application.

If You Apply Late

Any applications for practising certificates that are received after 1 February 2008 will result in the practising certificates being dated the date of actual receipt by the registrar of solicitors, rather than 1 January 2008. There is no legal power to allow any period of grace under any circumstances whatsoever.

Please note that again during 2007, a number of solicitors went to the trouble and expense of making an application to the High Court for their practising certificate to be backdated to 1 January because their practising certificate application was received after 1 February.

The Regulation of Practice Committee is the committee of the Society that has responsibility for supervising compliance with practising certificate requirements.

A special meeting of this committee will be held on 8 February 2007 to consider any late or unresolved applications for practising certificates. At this meeting, any practising solicitors who have not applied by then for a practising certificate will be considered for referral forthwith to the Solicitors’ Disciplinary Tribunal and will be informed that the Society reserves the right to take proceedings for an order under section 18 of the Solicitors (Amendment) Act 2002 to prohibit them from practising illegally.

Compliance Partner

Section B, part I, includes a requirement for partners to state the name of their firm’s compliance partner. The Solicitors’ Accounts (Amendment) Regulations 2005 require a solicitor who is a partner in a solicitors’ practice, on making application to the Society for a practising certificate, to furnish the name of the partner in the firm who has been nominated as the compliance partner.

CPD

This year, the application form includes a section regarding completion of, or exemption from, the 20-hour CPD requirement (section E). You must complete this section, but please do not send in your CPD record card with the application form.

Employed Solicitors

Solicitors who are employed should note that it is the statutory obligation of every solicitor who requires a practising certificate to ensure that he or she has a practising certificate in force from the commencement of the year. Employed solicitors cannot absolve themselves from this responsibility by relying on their employers to procure their practising certificates. However, it is the Society’s recommendation that all employers should pay for the practising certificate of solicitors employed by them.

Some of Your Details are Already on the Form

The practising certificate application form will be issued with certain information relating to each solicitor’s practice already completed.

What Can You Access on the Website ()?

The application form for a practising certificate will be available on the Society’s website. You can print out a blank form or, alternatively, complete the form on-screen and print out the form for signing and returning to the Society. The form can be accessed in the members’ area of the website using the solicitor’s surname and reference number. Alternatively, you may request a form to be emailed to you by phoning the Society at 01 672 4800.

If you are ceasing practice If you are intending to cease practice in the coming year, please notify the Society accordingly in writing on or before 1 February 2008.

John Elliot, Registrar of Solicitors and Director of Regulation