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Rules for solicitors

  • 25-05-2015 7:20pm
    #1
    loremolis
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭


    As an officer of the court is a solicitor precluded from acting on behalf of a company in litigation if that solicitor is an employee of that company?

    If not, are there any rules which that solicitor must follow?


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    No.

    An officer of the court simply means you cannot mislead the court or allow your client to lie.

    Why would it preclude you for being in full time employment with one client.


  • #3
    cobhguy28
    Registered Users, Registered Users 2 Posts: 301 ✭✭cobhguy28


    It's recommend that if the solicitor is also a director of the company then due to conflict of interest they get an outside solicitor. But that's just a recommendation.


  • #4
    loremolis
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭loremolis


    What if the solicitor is in private practice, does that prevent them from 'moonlighting' as an in-house solicitor in a company?


  • #5
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    loremolis wrote: »
    What if the solicitor is in private practice, does that prevent them from 'moonlighting' as an in-house solicitor in a company?

    No but it would be unusual for a company to allow it. And there would be a greater potential for conflicts of interest considering the confidential information which the solicitor would possess, etc.


  • #6
    loremolis
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭loremolis


    Same topic, but with a slightly different twist.

    Can an in-house solicitor issue legal proceedings in the name of the company using the company as the solicitor 'firm' handling the proceedings?

    For example, alphabet aerobics limited legal department issues proceedings acting as the solicitor for alphabet aerobics limited.


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  • #7
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    loremolis wrote: »
    Same topic, but with a slightly different twist.

    Can an in-house solicitor issue legal proceedings in the name of the company using the company as the solicitor 'firm' handling the proceedings?

    For example, alphabet aerobics limited legal department issues proceedings acting as the solicitor for alphabet aerobics limited.

    perfectly fine as long as he has a practicing cert


  • #8
    Yuri Checkov
    Closed Accounts Posts: 27 ✭Yuri Checkov


    Most of the banks in house solictors use psuedonym firms to issue proceedings from on behalf of their employers.


  • #9
    loremolis
    Registered Users, Registered Users 2 Posts: 944 ✭✭✭loremolis


    Mr. Incognito wrote: »
    perfectly fine as long as he has a practicing cert

    You refer to a 'he' but if you take my example of 'alphabet aerobics limited legal department' as a verbatim description of the 'solicitor', as opposed to an individual named person, does 'alphabet aerobics legal limited legal department' require a practicing certificate?


  • #10
    234
    Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    loremolis wrote: »
    You refer to a 'he' but if you take my example of 'alphabet aerobics limited legal department' as a verbatim description of the 'solicitor', as opposed to an individual named person, does 'alphabet aerobics legal limited legal department' require a practicing certificate?

    Of course not, an organisation can't hold a practicising certificate. Its common for solicitors in firma to sign certain correspondence with the name of the firm rather than with their own name. I can't see any problem with a legal department in a company doing the same thing by analogy. The only issue woukd be signing any kind of declaration or statement that attests to the truth of the contents of a document: that would need to be signed as an individual.


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