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GAZETTE
P R A C T I C
N O T E S
JULY 1996
New Regulations for
Professional Names,
Notepaper and Nameplates
A Statutory Instrument regulating
professional names, notepaper and
nameplates has been approved by
Council and signed by the President of
the Law Society. The effective date of
] the regulations will be 1 October
I 1996. The text of the Statutory
Instrument is set out below.
J The aim of the regulations is:
1. To minimise confusion for the
|
public.
2. To promote the distinctive nature
of solicitors firms.
3. To assist the regulation of the
profession.
It should be noted that these
regulations are in addition to
requirements under the Registration of
Business Names Act 1963. This Act
applies to solicitors firms.
Solicitors (Practice, Conduct and
Discipline) Regulations 1996
Statutory Instrument No. 178? of
1996.
The Law Society of Ireland, in
exercise of the powers conferred on it
by Sections 4, 5 and 71 of the
Solicitors Act 1954 (No. 36 of 1954)
as amended by the Solicitors
(Amendment) Act 1994 hereby makes
the following regulations:
1. (i) These regulations may be cited
as the Solicitors (Professional
Practice, Conduct and
Discipline) Regulations 1996.
(ii) These regulations shall come
into force on the 1 st day of
October 1996.
2. (i) In these regulations unless the
context otherwise requires
"The Society" means the Law
Society of Ireland.
"Solicitors" has the meaning
assigned to it in Section 3 of the
Solicitors (Amendment) Act 1994.
"Practice" means the professional
practice of a solicitor.
Other words and phrases in these
regulations shall have the meanings
assigned to them by the Solicitors
Acts 1954 to 1994.
3. The Interpretation Act 1937 applies
to the interpretation of this
regulation as it applies to the
interpretation of an Act of the
Oireachtas.
4. (i) The name of a practice under
which a solicitor or afirm of
solicitors carry on business
shall consist only of the name
or one of the names of the
solicitors or one or more of the
present or former principals of
thefirm as the case may be, or
such other name as is approved
in writing by the Society.
(ii) Section 4(i) will not apply to
any name which is in use on the
1st day of July 1996.
5. The nameplate of a practice shall
not include matters other than the
following:
(i) The name of the practice.
(ii) The names of solicitors and/or
their qualifications.
(iii) The date of establishment.
6. The following provisions shall
apply to the professional notepaper
of a practice :-
(i) Even if a practice is carried on
under the true surnames of all
the partners, the notepaper
shall list their names.
(ii) If the names of assistant
solicitors are listed on the
notepaper, a differentiation
shall be made between their
names and the names of
the partners.
(iii) Where the practice comprises a
solicitor in salaried employment
acting for his non-solicitor
employer, the professional
notepaper shall state the name
of the solicitor and may list the
names of other solicitors who
assist that solicitor.
(iv) All solicitors who are listed on
the notepaper of a practice shall
hold a current practising
certificate issued by the Society.
(v) No names other than the
names of solicitors holding
current practising certificates
issued by the Society shall
appear on the notepaper,
unless their status is
unambiguously stated.
(vi) If one or more solicitors or
firms practise in association
with each other, their respective
notepaper may refer to the
solicitors orfirms with whom
they are in association.
Explanatory Note
This Statutory Instrument should be
read in conjunction with the
Registration of Business Names Act
1963 which also contains important
provisions relating to professional
names and notepaper.
Signed on behalf of the Law Society
of Ireland this 4th day
of June 1996.
Andrew F. Smyth,
President of the Law Society of
Ireland.
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