Section 56(1) of the Solicitors (Amendment) Act 1994 provides that no solicitor shall practise as a solicitor unless a practising certificate in respect of him or her is in force.

Section 56(2) of the Solicitors (Amendment) Act 1994 provides that a solicitor shall be deemed to practise as a solicitor if he or she engages in the provision of legal services, whether as a sole practitioner or as a partner in a solicitor’s practice, or as an employee of any solicitor or of any other person or body, or as a solicitor in the full-time service of the state.

The prohibition in section 56(1) does not apply to a solicitor in the full-time service of the state or to a solicitor who is employed to provide conveyancing services for a non-solicitor employer.

‘Legal services’ are services of a legal or financial nature provided by a solicitor arising from that solicitor’s practice as a solicitor.

Solicitors cannot be ‘legal executives’ or ‘paralegals’
The attention of the profession is particularly drawn to the fact that a solicitor shall be deemed to practise as a solicitor if he or she engages in the provision of legal services as an employee of any solicitor. This means that all persons who are on the Roll of Solicitors who are employed in a solicitor’s firm and provide legal services are required to hold a practising certificate. In particular, it is not permissible for a firm to classify a solicitor employed by the firm as a ‘legal executive’ or ‘paralegal’, with a view to avoiding the requirement to hold a practising certificate, if the solicitor is engaged in the provision of legal services. It is professional misconduct and a criminal offence for a solicitor who does not hold a practising certificate to act as a solicitor.

Further information
Any queries relating to practising certificate requirements should be addressed to the Law Society’s Regulation Department, at pc@lawsociety.ie.

Niall Connors, Registrar of Solicitors and Director of Regulation