Solicitors Practice
The Incorporated Law Society of Northern Ireland regulates solicitors in Northern Ireland. A person is not qualified to act as a solicitor unless they have been admitted as a solicitor in Northern Ireland, their name is on the roll, and they hold a current practising certificate.
In order to be admitted as a solicitor, a person must comply with prescribed requirements and be of good character, satisfying the Law Society of their fitness and good character. A person refused a certificate may appeal to the Lord Chief Justice.
The Law Society makes regulations in relation to education, training, and admission of solicitors. These regulations prescribe traineeships/apprenticeships, examinations, requisite experience and qualifications, and control the discipline of the persons who are considered for admission.
The Law Society appoints a registrar who maintains the roll of solicitors. This may be held in electronic form.
An application for a practising certificate is made to the registrar in accordance with prescribed requirements and forms. Solicitors who have been refused a practising certificate may appeal to the Lord Chief Justice or, in certain cases, to the council.
The council may impose terms and conditions on a practising certificate. A solicitor, aggrieved by the decision of the council, may appeal to the Lord Chief Justice, who may confirm or revoke the decision.
An order may be made suspending a solicitor from practice. The adjudication of solicitors at bankruptcy suspends a practising certificate. There are appeals to the Lord Chief Justice against suspension.
It is an offence for unqualified persons to act as solicitors or to issue any proceedings in any civil or criminal matter. Such persons are guilty of a offence and may not recover costs.
An unqualified person may not directly or indirectly prepare any instrument or transfer of charge for using the land registry, draw or prepare any instrument relating to real or personal estate or legal proceedings, or lodge documents in the land registry on behalf of another unless the act is done other than for gain. There are certain official exceptions for barristers, public officers, and certain employees.
An instrument includes the contract of sale and a tenancy for a period less than three years.
An unqualified person may not prepare papers for probate or award. An unqualified person may not recover costs.
The Law Society may make regulations for professional practice conduct and the discipline of solicitors.
The Law Society may make regulations for incorporated practice. It may prescribe circumstances in which parties may be recognised as suitable bodies to undertake the provision of solicitor services. It may make provision for the control by solicitors of bodies corporate carrying out the business consisting of the provision of professional services, prescribing the conditions under which it may be undertaken.
The prohibitions on unqualified persons do not apply to acts done by an officer or an employee of a recognised body if done under direction or supervision and if they themselves are qualified.
A solicitor may not act as an agent on behalf of an unqualified person or permit their name to be used by such a person, send any process to an unqualified person, or do any acts to enable an unqualified person to appear to act or practice as a solicitor.
A solicitor may not generally share professional profits or fees with an unqualified person. This is an offence. There are exceptions for payment of profits after retirement to retired partners and their widows, dependents, employees of local government bodies, local authorities, banks, trade unions, or statutory undertakers in the course of duty if the solicitor is in the whole time or exclusive employment of their agreements for sharing fees between solicitors in some other part of the United Kingdom, the Commonwealth, or the Republic of Ireland, or in a foreign country.
A solicitor who has been struck off may not be employed in connection with the practice as a solicitor without the written consent of the council.
The Law Society makes regulations in relation to solicitors’ accounts and the keeping of client money separate from other monies. The Society has extensive powers to enforce the regulations. The regulations may provide for the payment of interest on client money in certain cases.
Solicitors must have an annual account signed by an accountant in support annually, except in limited cases where regulations describe requirements in respect of the accountant’s report. The accountant’s report deals with compliance with client account regulations.