Regulation of Practice Committee meetings
View more information on meetings of the Regulation of Practice Committee (ROPC) below.
Generally, each of the ROPC divisional committees are made up of 7 solicitors and 1 lay member.
The ROPC is not a disciplinary committee, so its powers are to review or refer. The ROPC does not make findings but rather directs the solicitor to take remedial action and return to practice or, where problems persist without prospect of resolution, the ROPC can levy a solicitor the costs of inspection and can refer the matter to either the LSRA or The High Court.
If a solicitor is required to attend before the ROPC to answer queries relating to issues identified in an investigation report, or any other issue under the Solicitors Acts 1954-2015, or ant-money laundering legislation, they are entitled to be legally represented. Details of the panel to assist solicitors in difficulty with the Law Society will be sent by the Law Society with the letter requesting the solicitor to attend the meeting of the Society, but a copy of the panel may be accessed online.
The committee conducts its business under regulations – the Solicitors Acts 1954-2015 (Regulation of Practice Committee) Regulations 2020 (S.I. 239 of 2020).
If a solicitor is required to attend before the ROPC, they will be advised of the date and time of their attendance, together with confirmation of the meeting format.
The use of recording devices must be by the express permission of the committee only and any breach of this prohibition may result in a referral to the Legal Practitioners Disciplinary Tribunal on the grounds of misconduct.
The solicitor is required to provide a written response to any request for particulars in advance of the ROPC meeting.
Where a solicitor requests an adjournment, the following must be provided to the Law Society;
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Reasonable notice in writing, showing good and sufficient reason;
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Where medical grounds are the basis of the request, medical evidence (e.g. doctor’s certificate)
An adjournment request will only be approved in exceptional circumstances and is normally issued by the Regulation of Practice Committee.
If a solicitor fails to attend before the ROPC as per the written notification, does not provide a written response to any conduct matter within the time specified and does not request an adjournment in advance, the ROPC may deal with the matter on the basis of the correspondence and documentation before it.
Failure to attend a meeting may also amount to a conduct issue in itself and may result in a referral to the Legal Practitioners Disciplinary Tribunal or the High Court.
If the ROPC considers a legal opinion necessary when determining a matter, this opinion will be made available to the solicitor and their response invited. Once the solicitor has made submissions in response to the opinion, the committee will proceed towards making a decision.
If the ROPC considers an independent expert report necessary, this will be made available to the solicitor, who will be given the opportunity to make submissions by reply and, if they feel necessary, provide their own independent expert report in response.
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Where possible, and in accordance with fair procedures, the ROPC will act in an informal and expeditious manner.
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A solicitor who is required to attend before the ROPC may bring legal representation and make oral and/or written submissions.
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The meeting shall take place in private with no audio or visual recordings permitted. A stenographer may be permitted, with the consent of the ROPC and subject to a copy transcript submitted to the committee free of charge.
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A minute of the meeting will be taken by a Law Society executive.
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An authorised person, or another person so appointed, may attend the meeting to assist the ROPC and the solicitor with any aspects of the report requiring clarification. The authorised person may also answer questions from the committee or solicitor and may only attend the meeting in the presence of the solicitor.
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The solicitor or authorised person may be requested to return to the meeting to assist the ROPC with further clarification.
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Before making a decision, the ROPC must be satisfied that:
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the solicitor was warned in advance of any allegation of misconduct;
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the solicitor had an opportunity to consider all documentation before the ROPC;
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issuing a direction pursuant to Section 14A(3)(a) of the Act of 1994;
issuing a notice pursuant to Section 14A(7)(a) of the Act of 1994;
making an application for the holding of an inquiry to the Legal Practitioners Disciplinary Tribunal pursuant to Section 14A(6) of the Act of 1994;
taking such other steps or actions as may be available to it pursuant to the Act, the Solicitors Accounts Regulations or otherwise; and / or
taking no further action.
the solicitor had the opportunity to comment on the appropriateness of the ROPC:
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The ROPC must give reasons for its decision
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A copy of the minute taken at any meeting at which the solicitor attends will be furnished to the solicitor or his legal representative on request.
Any party who is dissatisfied with any aspect of an investigation may ask for the matter to be examined in the first instance by the Registrar of Solicitors with a right of further review, to be requested within 21 days of the notification of the Registrar’s decision, to the ROPC.