Legal Services Regulation Act 2015
Number 65 of 2015
LEGAL SERVICES REGULATION ACT 2015
REVISED
Updated to 17 October 2024
This Revised Act is an administrative consolidation of the Legal Services Regulation Act 2015. It is prepared by the Law Reform Commission in accordance with its function under the Law Reform Commission Act 1975 (3/1975) to keep the law under review and to undertake revision and consolidation of statute law.
All Acts up to and including the Planning and Development Act 2024 (34/2024), enacted 17 October 2024, and all statutory instruments up to and including the Social Welfare (Temporary Provisions – Child Support Payment) Regulations 2024 (S.I. No. 561 of 2024), made 17 October 2024, were considered in the preparation of this Revised Act.
Disclaimer: While every care has been taken in the preparation of this Revised Act, the Law Reform Commission can assume no responsibility for and give no guarantees, undertakings or warranties concerning the accuracy, completeness or up to date nature of the information provided and does not accept any liability whatsoever arising from any errors or omissions. Please notify any errors, omissions and comments by email to
revisedacts@lawreform.ie.
Number 65 of 2015
LEGAL SERVICES REGULATION ACT 2015
REVISED
Updated to 17 October 2024
CONTENTS
Preliminary and General
Section
1. Short title, commencement and collective citation
2. Interpretation and construction
Legal Services Regulatory Authority
8. Establishment of Legal Services Regulatory Authority
9. Membership of Authority and terms of membership
10. Term of appointment of members of Authority
11. Disqualification for office of member of Authority
12. Removal of member of Authority
15. Membership of either House of the Oireachtas, European Parliament, etc.
17. Power to appoint consultants and advisers and to enter into contracts
19. Non-disclosure of confidential information
22. Powers of Authority in relation to codes of practice
23. Powers of Authority in relation to professional codes
26. Transfer of staff of Law Society or Bar Council
30. Accountability of chief executive to Oireachtas Committees
31. Power to charge and recover fees
32. Advances by Minister to Authority
33. Annual report on admission policies of legal professions
34. Reports on specified matters to Minister
35. Order to prohibit contravention of Act
Inspections - Legal Practitioners
38. Inspection on direction of Authority
40. High Court order to exercise certain powers under section 39
41. High Court direction to comply with inspection
43. Report to Authority in certain circumstances following inspection
44. Admissibility of evidence obtained in course of inspection
Holding of Clients’ Moneys by Legal Practitioners
45. Legal practitioners authorised to hold moneys of clients
Matters relating to protection of Clients of Legal Practitioners
46. Legal practitioners to have professional indemnity insurance
47. Regulations regarding professional indemnity insurance
48. Limitation of legal practitioner’s liability by contract
Complaints and Disciplinary Hearings in respect of Legal Practitioners
50. Misconduct by legal practitioners
52. Referral of complaints by Bar Council, Honorable Society of King’s Inns, Law Society
54. Withdrawal of complaint under Part
55. Regulations regarding complaints
56. Fees in respect of complaints
57. Preliminary review of complaints
58. Admissibility of complaints
59. Authority may request Law Society to investigate matter relevant to complaint
63. Appeal to High Court from determination of Review Committee
65. Resolution of complaint by mediation or informal means — additional provisions
67. Guidelines for resolution of complaints by mediation or informal means
68. Authority to refer complaints relating to misconduct to Complaints Committee
69. Establishment and membership of Complaints Committee
70. Investigation of complaints
71. Power of Divisional Committee to specify measures
72. Appeal of determination of Divisional Committee
73. Publication of reports by Authority relating to its functions under this Part
74. Establishment of Legal Practitioners Disciplinary Tribunal
75. Membership of Disciplinary Tribunal
76. Chairperson of Disciplinary Tribunal
77. Applications to Disciplinary Tribunal
78. Presentation of case to Disciplinary Tribunal
79. Regulations relating to Disciplinary Tribunal
80. Powers of Disciplinary Tribunal as to taking of evidence, etc.
81. Inquiry by Disciplinary Tribunal
82. Sanctions following finding of misconduct by Disciplinary Tribunal
84. Appeals to High Court from Disciplinary Tribunal
85. Consideration of matter by High Court where referred by Disciplinary Tribunal
86. Exercise of jurisdiction of High Court under sections 84 and 85
87. Appeals to Court of Appeal
88. Orders made by High Court or determinations made by Authority
90. Enforcement of order of Disciplinary Tribunal under this Part
91. Transitional provisions in relation to solicitors
92. Transitional provisions in relation to barristers
93. Authority may appoint monitor for purposes of section 14C of Act of 1994
94. Power of Authority under Part 6
Imposition of levy on Professional Bodies and certain Barristers to cover expenses of Authority and Disciplinary Tribunal
95. Levy to be paid by Law Society, Bar Council and certain barristers
95C. Provisions supplementary to section 95B
96. Failure to pay amount specified in levy assessment notice
97. Exemption for legal practitioner in full time service of the State
98. Regulations relating to levy
Legal Partnerships, Direct Professional Access, Multi-disciplinary Practices and Limited Liability Partnerships
Interpretation
Legal Partnerships, Direct Professional Access and Multi-Disciplinary Practices
100. Legal partnerships and professional codes
101. Professional code not to prevent direct professional access to barrister
102. Multi-disciplinary practices and professional codes
105. Legal partnership to have professional indemnity insurance
107. Partners in multi-disciplinary practice
108. Managing legal practitioner
109. Obligations of legal practitioners in multi-disciplinary practice
110. Operation of multi-disciplinary practice
112. Multi-disciplinary practice to have professional indemnity insurance
113. Saver for Compensation Fund under section 21 of Solicitors (Amendment) Act 1960
114. Power of Authority to specify measures
116. Regulations on operation of legal partnerships and multi-disciplinary practices
117. Authority to maintain register of legal partnerships and multi-disciplinary practices
118. Public consultation on operation etc., of legal partnerships
119. Report on operation etc., of multi-disciplinary practices
120. Public consultation on certain issues relating to barristers
121. Review of operation of this Part
Limited Liability Partnerships
122. Limited liability partnership and professional codes
123. Liability of partner in a limited liability partnership
125. Application for limited liability partnership
126. Authority to maintain register of limited liability partnerships
127. Power of Authority to issue direction for failure to comply with statutory requirements
129. Ceasing to operate as a limited liability partnership
130. Regulations on operation of limited liability partnerships
131. Disapplication of section 3 of Registration of Business Names Act 1963
132. Amendment of section 27 of Companies Act 2014
Obligations of Practising Barristers
133. Roll of practising barristers
135. Variation of entry on roll
135A. Address for correspondence
136. Prohibition on unqualified person providing legal services as practising barrister
137. Prohibition on pretending to be qualified barrister
Legal Costs
Interpretation
Office of the Legal Costs Adjudicator
140. Register of determinations
142. Guidelines on performance of functions of Chief Legal Costs Adjudicator under this Part
146. Chief Legal Costs Adjudicator to submit annual report
147. Amendment of Court Officers Act 1926
148. Amendment of Courts (Supplemental Provisions) Act 1961
Legal practitioners’ duties in relation to legal costs
149. Prohibitions on charging costs in certain circumstances
150. Legal practitioner to provide notice of conduct of matter, costs, etc.
151. Agreement regarding legal costs, etc.
152. Legal practitioner to provide bill of costs
153. Legal practitioner to attempt to resolve dispute
Adjudication of legal costs
154. Application for adjudication of legal costs
154A. Adjudication of legal costs
154B. Adjudication of financially assisted legal costs
155. Matters to be ascertained in course of adjudication of costs
156. Powers of Legal Costs Adjudicator
157. Determination of applications
160. Consideration by Legal Costs Adjudicator of determination
161. Review of determination of Legal Costs Adjudicator
Miscellaneous
162. Privilege in respect of adjudications
164. Transitional — Taxing-Masters
165. Transitional — matters in course and legal proceedings
166. Information, documents, records, etc.
Legal Costs in Civil Proceedings
168. Power to award legal costs
Patents of Precedence
171. Power to grant, and to revoke grant of, Patent
172. Advisory Committee on the grant of Patents of Precedence
173. Criteria for grant of Patent
174. Application for recommendation
175. Revocation of grant of Patent
176. Solicitor granted Patent while barrister
Amendments of Solicitors Acts 1954 to 2011
177. Amendment of section 3 of Act of 1954
178. Amendment of section 5 of Act of 1954
179. Amendment of section 47 of Act of 1954
180. Amendment of section 48 of Act of 1954
181. Amendment of section 49 of Act of 1954
182. Amendment of section 66 of Act of 1954
183. Amendment of section 71 of Act of 1954
184. Amendment of section 3 of Act of 1960
185. Solicitor shall not have connection, accept instructions, from certain persons
186. Amendment of section 7 of Act of 1960
187. Amendment of section 9 of Act of 1960
188. Amendment of section 10 of Act of 1960
189. Amendment of section 14 of Act of 1960
190. Amendment of section 17 of Act of 1960
191. Amendment of section 24 of Act of 1960
192. Amendment of section 31 of Act of 1960
193. Amendment of section 2 of Act of 1994
194. Amendment of section 8 of Act of 1994
195. Amendment of section 9 of Act of 1994
196. Amendment of section 10 of Act of 1994
197. Amendment of section 14 of Act of 1994
198. Amendment of section 14A of Act of 1994
199. Monitor appointed by Authority may attend committee meetings
200. Amendment of section 22 of Act of 1994
201. Amendment of section 26 of Act of 1994
202. Amendment of section 35 of Act of 1994
203. Amendment of section 38 of Act of 1994
204. Amendment of section 58 of Act of 1994
205. Amendment of section 59 of Act of 1994
206. Amendment of section 1 of Act of 2002
207. Amendment of section 5 of Act of 2002
208. Amendment of section 19 of Act of 2002
Miscellaneous
210. No indemnification of Compensation Fund
211. Amendment of Courts Act 1971
212. Barrister in employment may provide legal services to his or her employer
213. Amendment of Courts and Court Officers Act 1995
214. Amendment of Criminal Justice (Money Laundering and Terrorist Financing) Act 2010
215. Restriction on withdrawal of legal practitioner from case where client in custody
217. Regulations on movement between professions of barrister and solicitor
218. Advertising of legal services
Clinical Negligence Actions
219. Clinical negligence actions
220. Other amendments of Civil Liability and Courts Act 2004
221. Amendments of Statute of Limitations (Amendment) Act 1991
Principles relating to Legal Costs
Enactments Repealed
Acts Referred to
Arbitration Act 2010 (No. 1)
Bankruptcy Act 1988 (No. 27)
Civil Liability and Courts Act 2004 (No. 31)
Civil Registration Act 2004 (No. 3)
Companies Act 1990 (No. 33)
Companies Act 2014 (No. 38)
Comptroller and Auditor General (Amendment) Act 1993 (No. 8)
Court Officers Act 1926 (No. 27)
Courts (Supplemental Provisions) Act 1961 (No. 39)
Courts Act 1971 (No. 36)
Courts and Court Officers Act 1995 (No. 31)
Criminal Justice (Money Laundering and Terrorist Financing) Act 2010 (No. 6)
Criminal Justice (Search Warrants) Act 2012 (No. 33)
Criminal Law Act 1997 (No. 14)
Criminal Procedure Act 1967 (No. 12)
Debtors (Ireland) Act 1840 (Vict., c. 105)
Environment (Miscellaneous Provisions) Act 2011 (No. 20)
Ethics in Public Office Act 1995 (No. 22)
Ethics in Public Office Acts 1995 and 2001
European Parliament Elections Act 1997 (No. 2)
Health and Social Care Professionals Act 2005 (No. 27)
Land And Conveyancing Law Reform Act 2009 (No. 27)
Legal Services Ombudsman Act 2009 (No. 8)
Local Government Act 2001 (No. 37)
Medical Practitioners Act 2007 (No. 25)
Nurses and Midwives Act 2011 (No. 41)
Offences Against the State Act 1939 (No. 13)
Partnership Act 1890 (Vict., c. 39)
Pharmacy Act 2007 (No. 20)
Planning and Development Act 2000 (No. 30)
Public Service Management (Recruitment and Appointments) Act 2004 (No. 33)
Registration of Business Names Act 1963 (No. 30)
Sale of Goods and Supply of Services Act 1980 (No. 16)
Solicitors (Amendment) Act 1960 (No. 37)
Solicitors (Amendment) Act 1994 (No. 27)
Solicitors (Amendment) Act 2002 (No. 19)
Solicitors (Ireland) Act 1849 (13 Vict., c. 53)
Solicitors Act 1954 (No. 36)
Solicitors Acts 1954 to 1994
Solicitors Acts 1954 to 2011
Statute of Limitations (Amendment) Act 1991 (No. 18)
Taxes Consolidation Act 1997 (No. 39)
Number 65 of 2015
LEGAL SERVICES REGULATION ACT 2015
REVISED
Updated to 17 October 2024
An Act to provide for the regulation of the provision of legal services, to provide for the establishment of the legal services regulatory authority, to provide for the establishment of the legal practitioners disciplinary tribunal to make determinations as to misconduct by legal practitioners, to provide for new structures in which legal practitioners may provide services together or with others, to provide for the establishment of a roll of practising barristers, to provide for reform of the law relating to the charging of costs by legal practitioners and the system of the assessment of costs relating to the provision of legal services, to provide for the manner of appointment of persons to be Senior Counsel, to provide for matters relating to clinical negligence actions, and to provide for related matters.
[30 th December, 2015]
Be it enacted by the Oireachtas as follows: