Resources
Resources
Solicitor's Guide to Professional Conduct
The legal framework for the regulation of the conduct of solicitors in Ireland is the Solicitors Acts 1954 to 2011 and the regulations under those acts. In addition, there are recognised principles of good professional conduct, such as honesty, independence, confidentiality and avoidance of conflict of interest situations, contravention of which may amount to misconduct. The Guide is a statement of the accepted principles of good conduct in practice for solicitors. In the Guide, these principles are illustrated in the context of practical situations, including those situations which are most frequently the subject of queries to the Law Society from solicitors.
References - Solicitors Guide to Good Conduct, 4th edition
The following is a list of case law and precedents contained in the fourth edition of the Solicitors Guide to Good Conduct. Where case law is not available as a hyperlink, please contact the Law Society Library for assistance.
Doran v Delaney, Supreme Court [1998] 2 IR 61
- 1 Solicitors as officers of the Court, Practice Note, September 2016
- 2 Schedule of Statutory instruments relevant to the conduct and practice of Solicitors, enacted under The Solicitors Acts 1954 to 2015, The Legal Services Regulation Act 2015, and the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010. For references to AML Guidance visit lawsociety.ie/aml
- 3 For Guidance on GDPR and data protection visit https://www.lawsociety.ie/Solicitors/rules-legislation/data-protection
- 4 “Charter of Core principles of the European Legal Profession and Code of Conduct for the European Lawyers CCBE (2010 edition) see cccbe.org and IBA international Principles on conduct for the Legal profession, International Bar Association (2018) or www.ibanet.org
- 5 A guide for In-house Solicitors employed in the Corporate and Public Sector, May 2018
- 6 It should be noted that, at the time of publication, misconduct as defined under Section 3 of the Solicitors (Amendment) Act 1960, has not been repealed.
- 7 Legal services Regulation Act 2015, Section 50 (irishstatutebook.ie)
- 8 Bank of Ireland Mortgage Bank v Coleman [2009] IESC 38
- 9 Equal Status Acts 2000-2018
- 10 Terms & Conditions of Business Precedent
- 11Section 150(5) of the Legal Services Regulation Act 2015
- 12Section 151 of the Legal Services Regulation Act 2015
- 13Legal Services Regulation Act 2015 Schedule 1 Principles Relating to Legal Costs
- 14Guide for In-House Solicitors
- 15Section 4 of the Solicitors Amendment act 2002 & I. 644 of 2020 Legal Services Regulation Act 2015 (Advertising) Regulations 2020
- 16Champerty, See Giles v Thompson [1993] 3 All E.R 321, Mcelroy v Flynn [1991] ILRM 294 and Fraser v Buckley and Others [1994] 1 ILRM 276
- 17Criminal Justice Legal Aid Act 1962
- 18 Civil legal Aid act 1995
- 19 Roche v Peilow [1985] IR 232
- 20 Walls v Hergarty 1980 ILRM 124, Doran v Delaney Supreme Court [1998] 2 IR 61
- 21 Terms & Conditions of Business Precedent
- 22 Internal Complaints Procedure in Solicitors firms: Terms & Conditions of Business Precedent
- 23 Section 152(3) of the Legal Services Regulation Act 2015
- 24 SI no 516 of 2014 Solicitor Accounts Regulations 2014
- 25 Retention of professional fees earned for longer than period allowable Practice Note 2021
- 26 Drafting Wills for the Elderly Client-Guidelines for solicitors Practice Note
- 27 The Assisted Decision Making Capacity act 2015
- 28 ‘’Do not gentle’’- Cherishing the Elderly Client – Practice Note, Joint Bank Accounts – Guidelines for Solicitors-Gazette, December 2008, ‘’Administration of Estates’’-Guidelines for Solicitor Gazette, March 2009, ‘’Gifts: Acting for an Elderly Client’’ -Guidelines for solicitors – Gazette, April 2009, ‘’Enduring Powers of Attorney’’- Guidelines for solicitors – June 2009
- 29 Carrol v Carroll (2000) 1 ILRM 2010, Bourke v O’Donnell & Ors (2010) 1 EHC 348
- 30 Family Law in Ireland Code of Practice 2017 –Law Society Family Law and Child Law Committee
- 31 Section 14 of the Mediation Act 2017
- 32 Terms & Conditions of Business Precedent
- 33 Transferring Files between Solicitors Practice Notes 2020
- 34 Section 215, Legal Services Regulation Act 2015
- 35 SI no 375 of 2012, Solicitors (Professional Practice Conduct and Discipline Conveyancing Conflict of Interest ) Regulations 2012
- 36 Legal Services Regulation Act 2015, Section 50 (irishstatutebook.ie)
- 37 SI no 375 of 2012 (Professional Practice Conduct and Discipline Conveyancing Conflict of Interest) Regulation 2012, Section 432 of the Taxes Consolidation Act 1997, ‘Ethical Barriers within a firm’ – Practice Note March 2013
- 38 ‘Separate representation for both parties to a Conveyancing Transaction’ – Practice Note April 2020
- 39 Section 3(6) of the Multi-Unit Development Acts 2011.
- 40 SI no 366 0f2010, solicitors (Professional Practice Conduct and Discipline – Commercial Property Transactions) Regulations 2010
- 41 SI no 211of 2009, Solicitors (Professional Practice Conduct and Discipline- Secured Loan Transactions) regulations 2009
- 42 ‘Potential conflict of interest where a solicitor is acting for both driver and passenger of the one vehicle’ Practice Note, Gazette, July 1998,Prince Jefri v KPMG [1999] 1 All ER 517,Moody v Cox & Hatt 1917
- 43 National Vetting Bureau (Children and Vulnerable Persons) Act 2012 (see also chapter 2 of same act)
- 44 ‘Transactions Involving Vulnerable/Older Adults’ (Practice Notes, 2012)
- 45 Chapter 2, Solicitors Guide to Professional Conduct, Vulnerable Clients
- 46 Assisted Decision Making (Capacity) 2015 (ADMA)
- 49 Family Law in Ireland Code of Practice 2017 – Law Society Family and Child Law Committee 2017(see also Appendix 3)
- 50 Joint Carriage of Sale, Conveyancing Committee Practice Notes, November 1999
- 51 Solicitors Borrowing from Clients Practice Note, Regulation of Practice Committee 2019
- 52 Loans from One Client to Another Client, Practice Note 2019
- 53 Loans from One Client to Another Client, Practice Note 2019
- 54 Law Society Practice note, legal professional privilege published July 2020
- 55 AML Guidance and Resources (www.lawsociety.ie )
- 56 ‘What to do when to do when the CAB comes to call’ – Practice Note –Gazette, May 2000
- 57 Section 902 (A) 907(A) and 817J of the Taxes and Consolidation Act 1997, Revenue Commissioners Guidance Notes on Mandatory Reporting Obligation , Section 128 (3) of the Stamp Duties Consolidation Act 1999 and Revenue Notes for Guidance.
- 58 Akzo Nobel Chemicals Limited v European Commission C-550/07 P, ‘A Guide for In House Solicitors Employed in the Corporate and Public Sector’ (May 2018)
- 59 ‘Memorandum of understanding between the revenue commissioners and the law society of Ireland concerning the audit of the tax returns of solicitors practises’ – February 2002, ‘’Guidelines to solicitors in relations to Revenue Audits’’ – Law Society, February 2002; see appendix 5
- 60 Criminal Justice (Withholding of Information on Offences against Children and Vulnerable Persons) Act 2012, Schedule 1
- 61 ‘Head in the Clouds’- Gazette, December 2010 (see www.gazette.ie)
- 62 ‘Data Retention and Destruction of Paper and Electronic Files, Practice Note, 2019 www.lawsociety.ie/aml
- 63 Solicitors as officers of the Court, Practice Note, September 2016
- 64 Section 19 of the Criminal Justice Act 2011, Section 52 of the Criminal Justice Theft and Fraud Offences Act 2001
- 65 Section 78 of the Judicature (Ireland) Act 1877
- 66 Section 58 of the Solicitors Acts 1954
- 67 Square Global Ltd v Leonard [2020] EWHC 1008 (QB)
- 68 Cross Examination of Witnesses, Practice Note, Gazette, November 1994
- 69 Cooke v Cronin [1999] IESC 54
- 70 Greene v Triangle Developments
- 71 Cooke v Cronin [1999] IESC 54
- 72 Persona Digital Telephony v Minister for Public Enterprise
- 73 Divorce cases under section 6 and 7 of the Family Law (Divorce) Act 1996 and prior to the issue of Civil proceedings advise the client on mediation.
- 74 Section 4 F of the Criminal Procedure Act 1967, as substituted by the Criminal Justice Act 1999
- 75 Section 215 of the Legal Services Regulation Act 2015
- 76 Guidance for the solicitors providing legal services in Garda stations (Law Society)
- 77 Code of Practice on Access to a Solicitor by Persons in Garda Custody.
- 78 Section 62 of the Solicitor’s Act 1954, I. 644 of 2020 Legal Services Regulation Act 2015 (Advertising) Regulations 2020
- 79 Pro se is latin for “On one’s own behalf”
- 80 Law Society v Tobin, Court of Appeal [2017] IE CA 215, Peart J
- 81 Notice to all Solicitors- undertakings, Gazette, March 2011, Undertaking- notice to all solicitors –Practice Note, ‘VHI undertakings- should I sign the standard format of undertakings?’-Medico- Legal Recommendations, Law Society, November, 2008.
- 82 Order 22 Superior Court Rules , SI no 99 of 1990, Solicitors (Practice Conduct and Discipline) Regulations, Prohibition on parental indemnity settlements in personal injury cases- Practise Note, Gazette, December 2010
- 83 Guide for Solicitors employed in the Corporate and Public Services Sectors – Law Society, lawsociety.ie
- 84 Compendium of Frequently Asked Litigation Questions- Law Society, November 2009
- 85 Equal Status Act, 2000, as amended
- 86 Interception of Postal Packets and Telecommunications Messages (Regulation) Act 1993, the General Data Protection Regulation (GPDR), together with an individual’s constitutional right to privacy and their rights under European Convention on Human Rights.
- 87 Administration of oaths and taking of affidavits –Section 72 of the Solicitors (Amendment) Act 1994, Memorandum from Chief Justice re Section 72 of the Solicitor’s (Amendment) Act (see Law Directory annually, where the memorandum is included in the reference material section), Section 21 of the Civil and Criminal Miscellaneous Provision Act 2020, ‘Administration of oaths by solicitors’- Practice Note, Gazette, June 2005
- 88 Threat by a solicitor to sue an opposing solicitor personally’- Practice Note, Gazette, March 2012
- 89 Amendments to Conveyancing Contract before execution by a Purchaser- Practice Note, Gazette, October 1993.
- 90 ‘Transferring files Between Solicitors’, Guidance and Ethics Committee Practice note, August 2020
- 91 Communication with the client of another solicitor: an in house solicitor- Practice Note, Gazette, Jan/Feb 1998 and April 2012
- 92 Chapter 10, the Remuneration of the Solicitor – The Solicitor Lien on Monies, Re Capital Fire Insurance Association (1883) 24 Ch D 408, Re Audley Hall Cotton Spinning Co (1886) LR 6Eq 245
- 93 Ahern v Minister for Agriculture and Food Ireland and the Attorney General [2008] IEHC 286
- 94 Section 60(6) of the Legal Services Regulation Act 2015
- 95 Chapter 10, the Remuneration of the Solicitor – The Solicitor Lien on Monies
- 96 To be read in conjunction with Chapter 10 – ‘Restriction on Calculation of Charges as a Percentage of Damages’
- 97 Transferring Files Between Solicitors – Practice Notes, Gazette, revised edition 2020
- 98 Undertakings given on the transfer of a file in respect of the payment of the first solicitor’s costs – Practice Note, gazette, October 2010.
- 99 ‘Data retention and destruction of paper and electronic files’, Guidance and Ethics Committee 2019
- 100 SI no 516 of 2014, Solicitor Accounts Regulations 2014
- 101 Solicitor’s Act 1954- 2015 and Solicitors Practising Certificate Regulation made thereunder
- 102 Further reading on Guidance Notes for Practising Certificates, Qualifying Certificates and service of State Applications on https://www.lawsociety.ie/Solicitors/business-career-resources/Practising-Certificate
- 103 Panel to Assist Solicitors in Regulatory Difficulty (see www.Lawsociety.ie)
- 104 Section 150(10) of the Legal Services Regulation Act 2015
- 105 Locke v Camberwell HA[2002] lloyd’s Rep, Matrix securities Ltd v Goddard [1998] PNLR 290
- 106 D(K) v M(K) [2020] IEHC 2020
- 107 SI no 516 of 2014, Solicitor Accounts Regulations 2014
- 108 SI no 178 of 1996, solicitors (Practice Conduct and Discipline) Regulations 1996, Notice to all Practising Solicitors: Practice Names, Practice note, 2011, see also Section 131 of the Legal Services Regulation Act 2015,
- 109 SI no 178 of 1996, solicitors (Practice Conduct and Discipline) Regulations 1996
- 110 Guide for in house solicitors employed in the Corporate or public sectors- www.lawsociety.ie
- 111 Use of Professional Note paper in Debt Collection Matters – Practice Note, Gazette, December 1997
- 112 Section 64 of the Solicitors Act 1954, as amended.
- 113 SI no 644 of 2020 Legal Services Regulation Act 2015 (Advertising) Regulations
- 114 SI no 644 of 2020 Legal Services Regulation Act 2015 (Advertising) Regulations
- 115 www.lsra.ie
- 116 See lawsociety.ie, links to the Consolidated Solicitors Acts
- 117 SI no 516 of 2014, Solicitor Accounts Regulations 2014
- 118 SI no 516 of 2014, Solicitor Accounts Regulations 2014
- 119 Terms and Conditions of Business Precedent
- 120 SI no 516 of 2014, Solicitor Accounts Regulations 2014
- 121 Investment Intermediaries act 1995, Investor Compensation Act 1998, Memorandum on the application of the investment intermediaries Act 1995(IIA), The Investor Compensation Act 1998 (ICA) to solicitors – Law Society 1998, Memorandum on Solicitors Financial Services operated by Irish Pensions Trust Ltd (IPT), an authorised investment business firm – Law Society 1998, SI 439 0f 1999, Solicitors acts 1954 to 1994(Investment Business and Investor Compensation) Regulation 1998
- 122 Data Retention and Destruction of Paper and Electronic Files, Practice Note 2019.
- 123 Data Retention and Destruction of Paper and Electronic Files, Practice Note 2019.
- 124 For AML Guidance see www.lawsociety.ie/aml
- 125 Section 19 of the Criminal Justice 2011
- 126 Section 5 of the Criminal Justice (Money Laundering and Terrorist Financing) Acts 2010 to 2018
- 127 Setting Up in Practice (Law Society booklet)
- 128 SI no 529 of 2017, Solicitors (Continuing Professional Development) Regulations 2017
- 129 www.gazette.ie
- 130 Emergency succession planning for a sole practitioner or Principal’ firm, Practice Note, 2021
- 131 Intervention in practice of sole practitioner in cases of death, incapacity, bankruptcy, or abandonment’ - Section 61(as substituted by Section 31 of the Solicitor’s (Amendment) Act 1994) of the Solicitors Act 1954
- 132 https://www.lawsociety.ie/Solicitors/Running-a-practice
- 133 ‘Bankruptcy, judgements and debt arrangements’, Regulation of Practice Note, November 2013
- 134 Section 150 of the Legal Services Regulation Act2015
- 135 Section 150 (8) of the Legal Services Regulation Act 2015
- 136 Section 152 (5) & (6) of the Legal Services Regulation Act 2015
- 137 Section 150 of the Legal Services Regulation Act 2015, See Also Chapter 2
- 138 Section 153 of the Legal Services Regulation Act 2015, Legal Practitioner to Attempt to Resolve Disputes.
- 139 Section 152 of the Legal Services Regulation Act 2015
- 140 Section 149 of the Legal Services Regulation Act 2015
- 141 Section 152 of the Legal Services Regulation Act 2015
- 142 Section 149 of the Legal Services Regulation Act 2015
- 143 Section 149 of the Legal Services Regulation Act 2015
- 144 Section 61 of the Legal Services Regulation Act 2015
- 145 Section 50 of the Legal Services Regulation Act 2015
- 146 See Also Chapter 7 ‘The solicitor and his relationship with other solicitors’ and the “Transferring Files between Solicitors” Practice Note
- 147 Right of a solicitor to exercise a lien, Practice Note
- 148 Section 82 of the Succession Act 1965
- 149 ‘Interest charges on client accounts’, Practice Note, February 2021
- 150 SI no 372 of 2004, Solicitors (Interest on Clients’ Moneys) Regulations 2004
- 151 ‘Interest charges on client accounts’, Practice Note, February 2021
- 152 ‘Guidance for practitioners on response to audit queries’, Practice Note, May 2021
- 153 ‘Qualifications for Acting as a solicitor’ – Section 54 of the Solicitors Act 1954, as substituted by Section 62 of the Solicitors (Amendment) Act 1994, ‘Prohibition on solicitor acting as agent for unqualified person’ - Section 59 of the Solicitors (Amendment) Act 1994, SI no 343 of 1988, Solicitors (Professional Practice) Regulations 1988
- 154 International Principles on Conduct for the Legal Profession, international Bar Association (2018)
- 155 Charter of Core Principles of the European Legal Profession and Code of Conduct for European Lawyers, CBBE (2010 edition), www.ccbe.org
- 156 Council directive 77/249 (EEC), SI no 58 of 1979, European communities (Freedom to provide Services) (Lawyers) Regulations 1979, SI no 197 0f 1981, European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 1981, SI no 226 of 1986, European Communities (Freedom to Provide Services) (Lawyers) (Amendment) Regulations 1986
- 157 Practising certificates and solicitors outside of the Jurisdiction, Practice note, 2020
- 158 Information relation to practising certificates/membership/certificates of Good Standing and Certificate of Attestation.
- 159 EU registered Lawyers, (www.lawsociety.ie), EU Directive on establishment 98/5/EC, articles 6(1) and 7
- 160 Practising Certificates and Solicitors outside the Jurisdiction, Practice Note 2020
Gazette articles
- Aug/Sept 2021 Gazette - Sticky Wicket (Justine Carty and Susan Martin)
Panel to assist solicitors in regulatory difficulty
The Guidance & Ethics Committee facilitate the work of “The Panel”. Panel members assist solicitors who are in regulatory difficulty, such as complaints or difficulties in practice relating to practising certificates, accounts or professional indemnity insurance. To assist you with your initial response, see contact details for Panel members.
Publications
- Setting Up in Private Practice - download the 2019 Setting-up in Practice booklet.
- Solicitors Ceasing Practice - download the 2019 Ceasing Practice booklet.
- Locums - download the 2019 Locums booklet (2nd Edition)
- Partnership Booklet - download a 2003 booklet on Partnership.
As the Professional Indemnity Insurance (PII) Regulations have been changed since the dates of publication of these booklets, solicitors should refer to the the most up-to-date position on the Law Society website under Insurance (PII).
Quality Service Statement
It is reassuring for clients to see a Quality Service Statement in their solicitor’s office. Solicitors are encouraged to display the statement where it will be seen by clients, in the firm’s reception or other suitable area. Download a sample Quality Service Statement.
Practice Notes - General
- June 2022 - 10 Steps to Planning for Disaster
- May 2022 - 10 Steps to Legal Professional Privilege
- October 2021 - 10 Steps to Social Media
- June 2021 - 10 Steps to a More Cost Compliant Firm
- May 2021 - Emergency Succession Planning for Sole Practitioner/Principal's office, 2nd Edition
- December 2020 - 10 Steps to managing data and data protection in your firm
- December 2020 - 10 Steps to a more inclusive workplace
- July 2020 - Legal Professional Privilege and In-House Counsel
- July 2020 - Legal Professional Privilege
- May 2020 - Mediation Act 2017: enforcability of mediated agreements
- April 2019 - 10 steps to avoid conflict of interest
- June 2018 - Ten steps to professional wellbeing for solicitors
- Aug/Sept 2016 - Solicitors as officers of the court
- Jan/Feb 2016 - Do not seek undertakings that should not be given
- Jan/Feb 2015 – The dos and don’ts of Section 68 – revisited
- November 2014 – Taking over undertakings from closed practices
- April 2012 - Communication with the client of another solicitor: An in-house or public sector solicitor
- March 2012 - Threat by a solicitor to sue opposing solicitor personally
- October 2010 - Undertakings given on the transfer of a file in respect of the payment of the first solicitor’s costs
- December 1996 - Transferring files between Solicitors
Practice Notes - Practice Management
- Aug/Sept 2020 - Ten Steps for the Transfer of Files
- August 2020 - Transferring Files Between Solicitors
- March 2020 - Charging clients seeking their files
- March 2020 - Right of solicitor to exercise a lien
- Jan/Feb 2019 - Data retention and destruction of paper and electronic files
- December 2017 - Ten steps to better billing
- November 2017 - Ten steps to setting and achieving your goals
- November 2016 - Ten steps to dealing with colleagues
- July 2015 – Ten steps Towards a Successful Merger
- April 2015 – Ten tips for client care
- March 2015 – Ten steps to overcome problem colleagues
- Aug/Sept 2014 – Ten steps to good risk management
- June 2014 – Ten steps to good time management
- May 2014 – Ten steps for initial interviews with clients
- March 2014 – Ten steps to improve productivity
- Aug/Sept 2013 – Ten steps to business growth
- June 2013 – Ten steps to improve cashflow
- June 2013 – Internal complaints procedure in solicitors’ firms
- March 2013 – Ethical barriers within a firm
- Aug/Sept 2012 – Terms and conditions of business
- Aug/Sept 2007 – Planning for emergencies in a sole practitioner’s / principal’s firm
- October 2005 – Emergency exits
- August 1998 – The use of legal and other agents by solicitors
- April/May 1996 – Foreign agents fees £50,000 – you pay
Practice Notes - Vulnerable clients
- November 2020 - Legal representation at the Mental Health Commission, guidelines for solicitors - second edition
- March 2012 – Transactions involving vulnerable older adults (residential care settings) - guidelines for solicitors
- Jan/Feb 2011 - Firms should not act on both sides of property transactions where one party is vulnerable
- June 2009 - Enduring Powers of Attorney - guidelines for solicitors
- April 2009 - Administration of estates - guidelines for solicitors
- April 2009 - Gifts: acting for an elderly client - guidelines for solicitors
- March 2009 - Drafting wills for the elderly client - guidelines for solicitors
- December 2008 - Joint bank accounts - guidelines for solicitors
- December 2008 - Do not go gentle - cherishing the elderly client
- July 2008 - Representation at mental health tribunals: guidelines for solicitors.
Practice Notes & Precedents
All practice notes for this committee and other Law Society committees can be accessed under Practice Notes.
A list of all precedents available to download can be accessed under Precedents.
