Solicitor with no practice

WhiteWalls · 15-09-2014 8:48am #1

Can a relation of mine who is currently looking for work as a solicitor act for me in purchasing a house?

Pro Hoc Vice · 15-09-2014 8:55am

If he has a practicing cert and insurance yes. Otherwise its a whole lot of problems for both of you.

Victor · 15-09-2014 8:55am

If things go wrong, in what may be the largest purchase of your life, can you afford to fall out with this person?

I imagine no insurance, which will make any bank very reluctant. I wonder if there are also licensing problems. They could of course offer general advice and negotiating skills.

blueythebear · 15-09-2014 9:01am

Nope, he or she would not have Professional Indemnity Insurance. If they're looking for a job, they would not have a practising certificate, therefore not allowed to practise.

They could have been let go from a role as a solicitor during the year and maybe have a practising cert, but they would not have insurance.

Your relative should be telling you this and if they don't know.... then you shouldn't even consider them for the job anyway.

Victor · 15-09-2014 9:07am

Pro Hoc Vice wrote: »

If he has a practicing cert

Would someone without a practising cert be allowed act for their employer (whether a solicitor or other organisation) in areas within their expertise?

WhiteWalls · 15-09-2014 9:09am

I haven't even asked him does he have these things. As a matter of interest is there many solicitors who act in a freelance manner?(If thats the correct word). I'd presume they would be a lot cheaper.

Pro Hoc Vice · 15-09-2014 9:11am

Victor wrote: »

Would someone without a practising cert be allowed act for their employer (whether a solicitor or other organisation) in areas within their expertise?

A solicitor can not work in solicitor type work for a solicitors practice without a practicing cert, same with a non solicitors practice.

Sala · 15-09-2014 9:13am

I wouldn't try to cut corners on a conveyance. It's nice you want to give your cousin the work but it is just too important a transaction to risk someone inexperienced or worse uninsured to do it. I think I good solicitor is worth the money and peace of mind

Pro Hoc Vice · 15-09-2014 9:13am

WhiteWalls wrote: »

I haven't even asked him does he have these things. As a matter of interest is there many solicitors who act in a freelance manner?(If thats the correct word). I'd presume they would be a lot cheaper.

They require a practicing cert €2500 and insurance between €5000 and €20000 a year. Once they have both they are good to go. A solicitor with just practicing cert can act as consultant to a firm once the insurance issue is sorted.

WhiteWalls · 15-09-2014 9:20am

Pro Hoc Vice wrote: »

They require a practicing cert €2500 and insurance between €5000 and €20000 a year. Once they have both they are good to go. A solicitor with just practicing cert can act as consultant to a firm once the insurance issue is sorted.

and would you hear of many operating on their own accord?

Sala · 15-09-2014 9:23am

Pro Hoc Vice wrote: »

A solicitor can not work in solicitor type work for a solicitors practice without a practicing cert, same with a non solicitors practice.

I know a solicitor who was struck off working in another's solicitors practice as some sort of assistant or exec, although I presume he is doing "solicitor work" for them. I suppose he can't have a practising cert as he is struck off, so he's not technically operating without one, but I would have thought having a struck off solicitor working would be lethal to your insurance!

I thought solicitors could work as solicitors in some state bodies with practising certs?

Pro Hoc Vice · 15-09-2014 9:24am

WhiteWalls wrote: »

and would you hear of many operating on their own accord?

It's called a single solicitor practice the towns and cities of ireland have a large number. Some in niche business models operate from home offices.

johnnyskeleton · 15-09-2014 9:27am

WhiteWalls wrote: »

I haven't even asked him does he have these things. As a matter of interest is there many solicitors who act in a freelance manner?(If thats the correct word). I'd presume they would be a lot cheaper.

A solicitor can set up as a sole practitioner so long as they have insurance and a praxtising cert. They will ususally need an office too, and often a secretary. If by freelance you mean sole trader then yes, its fairly common.

On he other hand, if you want to know are there many who act without insurance, practising cert etc in an essentially unregulated manner, there are a few but theybare best avoided.

As a few posters have already pointed out, if the purchase requires a mortgage, the first thing the bank will ask the solicitor is for a copy of his/her insurance. If they are uninsured the bank will not lend. Its as simple as that.

Pro Hoc Vice · 15-09-2014 9:28am

Sala wrote: »

I know a solicitor who was struck off working in another's solicitors practice as some sort of assistant or exec, although I presume he is doing "solicitor work" for them. I suppose he can't have a practising cert as he is struck off, so he's not technically operating without one, but I would have thought having a struck off solicitor working would be lethal to your insurance!

I thought solicitors could work as solicitors in some state bodies with practising certs?

http://www.lawsociety.ie/Documents/committees/corporate/Corporateguide.pdf

Solicitor with no practice

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