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S.I. No. 193 of 1958
THE SOLICITORS' ACCOUNTS (AMEND-
MENT REGULATIONS, 1958
THE Incorporated Law Society of Ireland, in exercise
of the powers conferred on them by sections 4, 5,
66 and 71 of the Solicitors Act 1954, and of every
other power thereunto them enabling, and with the
concurrence of the Chief Justice, hereby make the
following regulations.
1. These regulations may be cited as the Solicitors'
Accounts (Amendment) Regulations 1958, and shall
come into operation on the i8th day of September,
1958.
2. The Interpretation Act 1937 applies to these
regulations in the same manner as it applies to an
Act of the Oireachtas except in so far as it may be
inconsistent with the Act or these regulations.
3. These regulations shall be read together with
the Solicitors' Accounts Regulations 1955
(S.I.
No. 218 of 1955), the Solicitors' Accounts Regu
lations 1956 (S.I. No. 308 of 1956), and the Solicitors'
Accounts Regulations 1957 (S.I. No. 252 of 1957),
and shall in so far as they are inconsistent therewith
alter and amend the same.
4. Clause (ii) in regulation 5
of the Solicitors'
Accounts Regulations 1955 shall be deleted and the
following clause shall be substituted therefor :—
(ii) a transfer to a bank account in the name
of the solicitor.
5. Regulation
12 of the Solicitors' Accounts
Regulations 1955 shall be deleted and the following
regulation shall be substituted therefor :—
12 (i) Every solicitor practising on his own
account and every firm of solicitors and
every solicitor-trustee shall, whenever
required by the Council, prepare or
cause to be prepared and shall submit to
the Council within such time, not being
less than seven days, as the Council shall
require by notice
in writing,
such
accounting statement as will show in
summary form the true balances of all
moneys received and due in respect of
all clients and trusts, or, if so required,
in respect of any particular client or
trust, and where and how at the date
of such statement such balances are held
in safe keeping and available for pay
ment.
(2) If any sum is due by a client or trust
to such solicitor or firm of solicitors or
such solicitor-trustee in respect of costs
which have not been taxed or otherwise
ascertained, the sum to be included in the
accounting statement shall be the gross
amount received t«/ the solicitor, firm
of solicitors or solicitor-trustee for or
on behalf of such client or trust (less
any credits which may have been agreed
or ascertained), and a note shall be
appended stating that costs are due and
stating the estimated amount
thereof
without prejudice to the
taxation of
any bill of costs in
the absence of
agreement.
(3) Without prejudice to its generality, the
term " moneys"
in
this
regulation
includes bearer bonds, sec.rities passing
by delivery and all other types of negoti
able securities.
6. Regulation 14 of the Solicitors' Accounts
Regulations 1935 shall be deleted and the following
regulation shall be substituted therefor :—
14
(i) In order to ascertain whether
these
regulations have been complied with,
the Council, acting either on their own
motion or on a written
complaint
lodged with them, may require any
solicitor to produce at a
time and
place to be fixed by the Council his
books of account, bank statements or
pass books, statements of account,
vouchers and any other necessary docu
ments, including accounting statements
prepared under regulation 12 hereof,
for the inspection of an accountant
who shall be nominated by the solicitor
within seven days from receipt of notice
of such requirement, and if approved by
the Council appointed by them or, in
default
of
such
nomination
and
approval, of an accountant appointed by
the Council, and such accountant shall
prepare for
the information of the
Council a report on the result of such
inspection. The Council may at any
time terminate
the authority of an
accountant and appoint another to carry
out or complete
an inspection and
report.
(ii) Upon being required so to do a solici
tor shall produce
such books
of
account, bank pass books, statements
of account,
vouchers
and
other
documents at the time and place fixed
and shall afford to such accountant all
other facilities which may be necessary
for completing his
inspection
and
report.
(iii) Before instituting an inspection on a
written complaint,
the Council may