This applies to in-house solicitors who, as part of their work, provide legal services of any type.

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Professional misconduct and a criminal offence to practise without a practising certificate

It is professional misconduct and a criminal offence for a solicitor (other than a solicitor in the full-time service of the State, or a solicitor solely engaging in conveyancing services for a non-solicitor employer) to practise without a practising certificate. A solicitor shall be deemed to practise as a solicitor if they engage in the provision of legal services of any kind. ‘Legal services’, either reserved or unreserved, are services of a legal or financial nature provided by a solicitor arising from that solicitor’s practice as a solicitor.

It is not permissible for an employer to classify a solicitor employed by the employer as a ‘legal executive’, ‘paralegal’ or other non-solicitor title with a view to avoiding the requirement to hold a practising certificate if the solicitor is engaged in the provision of legal services, regardless of the solicitor’s job title.

Reserved legal services

Section 58 of the Solicitors 1954 Act sets out the ‘reserved areas’ in which legal services can only be provided by solicitors and, in some cases, barristers. These reserved areas deal primarily with conveyancing, litigation and probate work. It should be noted that the requirement for solicitors, including in-house solicitors, to hold a practising certificate applies whether the legal services being provided are in reserved or unreserved areas.

What type of work constitutes the provision of legal services

Each situation must be examined to decide whether a practising certificate is required. General exhaustive rules are not possible, as circumstances often vary. It is recognised that in an organisation there may be both practising and non-practising solicitors.

For example, a solicitor in a legal department providing routine legal services, commonly provided by solicitors, is a practising solicitor. The legal compliance officer who is employed to monitor and advise on whether proposed projects and actions are legally possible is usually a practising solicitor.

The solicitor in a non-legal role where no legal services of any kind, either reserved or unreserved, are provided by the solicitor is not a practising solicitor.

Categories of work which require a practising certificate

The following non-exhaustive examples may be useful when considering whether it is necessary to apply for a practising certificate:

1. The provision of routine legal services: This refers to the services commonly provided by practising solicitors and includes: advisory services, representing a client in court, at tribunals or the provision of conveyancing services.
2. Legal advice: Corporate bodies may only operate within the framework of enabling legislation, charter, single constitution or memorandum and articles of association. A practising solicitor may be employed to monitor and advise on whether proposed projects and actions are possible within that framework.
3. The execution of forms as a solicitor: There are many forms to be filed with Government and other agencies, which are acceptable only if signed by a practising solicitor. The Companies Office, Form C1 is one example. If not executed by an officer of the company, the form will only be accepted if executed by a practising solicitor. This should be distinguished from the situation where a solicitor witnesses a form as a solicitor and this is acceptable, not because of the solicitor’s expertise, but because of the solicitor’s professional standing.
4. Commercial work: The solicitor may be involved in drafting and negotiating contracts with third parties on behalf of their employer.
5. Position as advertised: When the employee was recruited for the position held, was it a requirement for the employee to be a solicitor?

The following items relate to work that are unlikely to require a practising certificate:

6. Management: The solicitor may be a member of the management team and participate in the making of decisions on behalf of the organisation.
7. Research: The solicitor may be a researcher in an academic institution or in another organisation where his research is used in the formation of policy.
8. Non-legal role: The employee may have qualified as a solicitor but may be employed in a capacity where his work is completely unrelated to law.