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pretending to be solicitor

  • 27-12-2008 1:32pm
    #1
    Banned (with Prison Access) Posts: 8,486 ✭✭✭


    Say if one was to send someone a "cease and desist" letter purporting to be from a solicitior but they are in fact not even in the legal profession.

    What are the potential ramifications for someone doing this and more importantly where would one find out if someones a registered solicitor like is there anywhere searchable online? (such as the lawlibrary.ie site??)


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The Law Library site has Barristers on it, not solicitors.

    See here: http://www.timesonline.co.uk/tol/news/uk/crime/article5349165.ece


    Criminal Justice (Theft and Fraud Offences) Act, 2001


    Using false instrument

    26.—(1) A person who uses an instrument which is, and which he or she knows or believes to be, a false instrument, with the intention of inducing another person to accept it as genuine and, by reason of so accepting it, to do some act, or to make some omission, or to provide some service, to the prejudice of that person or any other person is guilty of an offence.

    (2) A person guilty of an offence under this section is liable on conviction on indictment to a fine or imprisonment for a term not exceeding 10 years or both.


  • Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    See also s.56 of the Solicitors Act 1954
    http://www.irishstatutebook.ie/1954/en/act/pub/0036/sec0056.html#zza36y1954s56

    Pretending to be a solicitor in court proceedings could also be treated as a contempt of court, Judge Mary Fahey for example recently had a person jailed for pretending to be a barrister in front of her.


  • Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    Thanks for the info guys . Is there anywhere someone can look up if a solicitor is genuine?


  • Closed Accounts Posts: 22,559 ✭✭✭✭AnonoBoy


    miju wrote: »
    Thanks for the info guys . Is there anywhere someone can look up if a solicitor is genuine?

    There's probably a register you can check up but a simple look through the Golden Pages or a ring to the purported number outside of office hours should give you some clue I'd say.


  • Registered Users, Registered Users 2 Posts: 7,722 ✭✭✭maidhc


    miju wrote: »
    Thanks for the info guys . Is there anywhere someone can look up if a solicitor is genuine?

    The law directory has a list of practicing solicitors, but this tends to be about 2 years out of date. Ring the law society and ask them is your best bet.


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,549 Mod ✭✭✭✭johnnyskeleton


    You can check if a solicitor's firm exists which is the first port of call. If it is a fake solicitor, there is a good chance that they made up the firm name too. You can find all solicitors' firm names here


  • Banned (with Prison Access) Posts: 8,486 ✭✭✭miju


    Thanks johnny exactly what i was looking for


  • Legal Moderators, Society & Culture Moderators Posts: 5,400 Mod ✭✭✭✭Maximilian




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