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Register of Solicitors

  • 09-05-2016 3:17am
    #1
    Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭


    Say X says he's a solicitor, can Y check out anywhere that he is to verify same?

    Is there an online register available to the public?

    X is from outside of EU also fwiw in case that's a game changer but either way, how does a potential client prove that his/her chosen legal representative is an actual solicitor?

    Like if I stand up in the local D.C. or C.C. on a fairly minor or trivial offence and, with my clients permission, claim I am their representative, acting on their behalf and wish to enter a plea, defence etc. would the judge ask me to prove I am who, or what, I am?

    Like I (it's actually not me, just roll with it, me here, it's hypothetical) wouldn't be applying for the gravy train that is F.L.A. here; I wouldn't even be asking my client for reparations.

    Would the judge care even?

    What about conducting business outside of court, say a conveyancing or advising a client on an issue like legalities of immigration rules?
    In such cases can I claim to be a solicitor and if my client doesn't ask I won't or don't tell.....is there a way of them checking or finding out or would the Law Library inform anyone who rings them whether they're a registered practice, practitioner here or not or whether they're mis-representing the/ir profession?

    If they're mis-representing the/ir chosen profession by not being registered (having not done the bar/law exams here or if not from here/the EU not having done a cross-over exam so to speak to make them au-fait with Irish & European Law) what sanctions are available to the Law Library?

    It's not like they can be struck off if they're not "legally practicing legally" and if they're not giving legal advice for a fee (difficult enough to prove if cash work and no registered office/s I would imagine?) so what penalties against them are there?


Comments

  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Nokia6230i wrote: »
    Say X says he's a solicitor, can Y check out anywhere that he is to verify same?

    Is there an online register available to the public?

    X is from outside of EU also fwiw in case that's a game changer but either way, how does a potential client prove that his/her chosen legal representative is an actual solicitor?

    Like if I stand up in the local D.C. or C.C. on a fairly minor or trivial offence and, with my clients permission, claim I am their representative, acting on their behalf and wish to enter a plea, defence etc. would the judge ask me to prove I am who, or what, I am?

    Like I (it's actually not me, just roll with it, me here, it's hypothetical) wouldn't be applying for the gravy train that is F.L.A. here; I wouldn't even be asking my client for reparations.

    Would the judge care even?

    What about conducting business outside of court, say a conveyancing or advising a client on an issue like legalities of immigration rules?
    In such cases can I claim to be a solicitor and if my client doesn't ask I won't or don't tell.....is there a way of them checking or finding out or would the Law Library inform anyone who rings them whether they're a registered practice, practitioner here or not or whether they're mis-representing the/ir profession?

    If they're mis-representing the/ir chosen profession by not being registered (having not done the bar/law exams here or if not from here/the EU not having done a cross-over exam so to speak to make them au-fait with Irish & European Law) what sanctions are available to the Law Library?

    It's not like they can be struck off if they're not "legally practicing legally" and if they're not giving legal advice for a fee (difficult enough to prove if cash work and no registered office/s I would imagine?) so what penalties against them are there?

    Any unknown person coming before a judge would raise questions. It is very easy to check if someone is a solicitor it's called the law society.

    The Law Library is Barristers and the Law Society is solicitors.

    How is Criminal Legal Aid a graveyard train, you have made a claim please back it up.


    Most of your questions can be answered here http://www.irishstatutebook.ie/eli/1954/act/36/enacted/en/html

    Same has been amended so check amendments.


  • Registered Users, Registered Users 2 Posts: 2,346 ✭✭✭NUTLEY BOY


    Any unknown person coming before a judge would raise questions. It is very easy to check if someone is a solicitor it's called the law society.

    The Law Library is Barristers and the Law Society is solicitors.

    How is Criminal Legal Aid a graveyard train, you have made a claim please back it up.


    Most of your questions can be answered here http://www.irishstatutebook.ie/eli/1954/act/36/enacted/en/html

    Same has been amended so check amendments.

    Some practitioners do regard it as a graveyard train and want to jump off it :D


  • Registered Users, Registered Users 2 Posts: 4,765 ✭✭✭FishOnABike


    Nokia6230i wrote: »
    Say X says he's a solicitor, can Y check out anywhere that he is to verify same?

    Is there an online register available to the public?
    The Law Society webpage has an online search where you can easily check:
    http://www.lawsociety.ie/Find-a-Solicitor/Solicitor-Firm-Search/

    As a regulated profession I think anyone passing themselves off as something they are not is looking to land themselves in hot water and potentially unlimited liability for any 'advice' they give out.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    NUTLEY BOY wrote: »
    Some practitioners do regard it as a graveyard train and want to jump off it :D

    Most solicitors I know would say they make nothing on legal aid I must use the name grave train lol.

    I have travelled to Dublin and received about 140 plus VAT my train cost 80 leaving me with 60 all for myself leaving home at 5 not back till 7 yup that's a gravy train.


  • Registered Users, Registered Users 2 Posts: 10,255 ✭✭✭✭The_Minister


    If memory serves it is a criminal offence to impersonate a solicitor.


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    If memory serves it is a criminal offence to impersonate a solicitor.

    Indeed it's an offence to "pretend to be a solicitor", fine is up to €30,000 on indictment and/or prison or class A fine on summary conviction.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    Is it an offence to pretend to be a barrister as well?

    Funnily, it's a serious breach of ethics for a barrister to pretend to be a barrister.


  • Moderators, Science, Health & Environment Moderators Posts: 23,260 Mod ✭✭✭✭godtabh


    Most solicitors I know would say they make nothing on legal aid I must use the name grave train lol.

    I have travelled to Dublin and received about 140 plus VAT my train cost 80 leaving me with 60 all for myself leaving home at 5 not back till 7 yup that's a gravy train.

    Where you forced to do that? Are you assigned clients regardless of your/their location?


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    godtabh wrote: »
    Where you forced to do that? Are you assigned clients regardless of your/their location?

    Yes as a Barrister you can not refuse a Criminal Client due to location especially if that location is in Dublin. Also for young barristers its not a good business model to refuse briefs in the early years no matter how little would be earned. It gets even worse if you have a Civil case paying good money and a criminal case paying a lot less you can not handover the criminal case.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Is it an offence to pretend to be a barrister as well?

    Yes, same as a solicitor subject to a class A fine on summary conviction or up to €30,000 fine and prison on indictment.

    Also can be guilty of contempt of court for pretending to be a solicitor or barrister.


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  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Is it an offence to pretend to be a barrister as well?

    Funnily, it's a serious breach of ethics for a barrister to pretend to be a barrister.


    Maybe its early or i'm still hungover, but how can a barrister pretend to be a barrister?


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    GM228 wrote: »
    Yes, subject to a class A fine.


    What Act makes it an offence.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    What Act makes it an offence.

    In relation to barristers:-
    http://www.irishstatutebook.ie/eli/2015/act/65/section/136/enacted/en/html

    http://www.irishstatutebook.ie/eli/2015/act/65/section/137/enacted/en/html


    And solicitors:-
    http://www.irishstatutebook.ie/eli/1954/act/36/section/55/enacted/en/html

    http://www.irishstatutebook.ie/eli/1954/act/36/section/56/enacted/en/html


    Maybe its early or i'm still hungover, but how can a barrister pretend to be a barrister?

    A person can be a qualified barrister, but not entered on the roll of practising barristers, in that case to practice is an offence, I'm guessing that is what the OP of that message meant.


  • Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 10,598 Mod ✭✭✭✭Robbo


    Maybe its early or i'm still hungover, but how can a barrister pretend to be a barrister?
    Qualify at the Inns, either not devil or spend the bare minimum devilling, never really practice in earnest, don't pay your Library fees/insurance but keep holding yourself out as a barrister?

    I can think of a few.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    GM228 wrote: »
    In relation to barristers:-
    http://www.irishstatutebook.ie/eli/2015/act/65/section/136/enacted/en/html

    http://www.irishstatutebook.ie/eli/2015/act/65/section/137/enacted/en/html


    And solicitors:-
    http://www.irishstatutebook.ie/eli/1954/act/36/section/55/enacted/en/html

    http://www.irishstatutebook.ie/eli/1954/act/36/section/56/enacted/en/html





    A person can be a qualified barrister, but not entered on the roll of practising barristers, in that case to practice is an offence, I'm guessing that is what the OP of that message meant.

    That act not commenced yet http://www.irishstatutebook.ie/eli/isbc/2015_65.html

    There is as yet no roll of practicing barristers don't believe it's an offence to practice and not be a member of the library.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    Robbo wrote: »
    Qualify at the Inns, either not devil or spend the bare minimum devilling, never really practice in earnest, don't pay your Library fees/insurance but keep holding yourself out as a barrister?

    I can think of a few.

    Now I get what you mean.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    That act not commenced yet http://www.irishstatutebook.ie/eli/isbc/2015_65.html

    There is as yet no roll of practicing barristers don't believe it's an offence to practice and not be a member of the library.

    Actually you are correct, I believe the roll must be set up before the Act is commenced. Thanks for that.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    Maybe its early or i'm still hungover, but how can a barrister pretend to be a barrister?

    1.30 in the day is not early by any stretch! :pac:

    I was referring to the prohibition on appearing as a screen actor in the role of a barrister. (Para. 6.9 Code of Conduct.)

    Edit: just to add that the other point is just as valid of course!


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    1.30 in the day is not early by any stretch! :pac:

    I was referring to the prohibition on appearing as a screen actor in the role of a barrister. (Para. 6.9 Code of Conduct.)

    Edit: just to add that the other point is just as valid of course!

    Now I get you.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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