Legal Services Regulation Act 2015

107

Partners in multi-disciplinary practice

107. (1) Each partner in a multi-disciplinary practice shall be jointly and severally liable in respect of his or her acts or omissions, those of the other partners and those of the employees of the partnership.

(2) A partner in a multi-disciplinary practice may share with another partner in that multi-disciplinary practice fees or other income arising from the provision of services by the practice, regardless of whether—

(a) either or both partners are legal practitioners, or

(b) the services concerned are legal services or services other than legal services.

(3) Subject to subsection (4), a person may be a partner in a multi-disciplinary practice notwithstanding that he or she does not provide legal services or services other than legal services.

(4) Subject to subsection (5), the following shall not be a partner in a multi-disciplinary practice:

(a) a person in respect of whom the High Court has made an order under section 85(7)(c) that he or she be prohibited from providing legal services otherwise than as an employee;

(b) for the period specified in the order, a person in respect of whom the High Court has made an order under section 85(7)(d) that he or she be suspended from practice as a legal practitioner unless, in the case of a person who at the time the order was made was a partner in a multi-disciplinary practice, the order expressly permits him or her to continue to be a partner of that multi-disciplinary practice;

(c) a person in respect of whom the High Court has made an order under paragraph (e) or (f) of section 85(7) that his or her name be struck off the roll of practising barristers or the roll of solicitors;

(d) a person who is an unqualified person;

(e) a person who, having been a qualified barrister, is disbarred (other than a person who has procured himself or herself to be disbarred with a view to being admitted as a solicitor);

(f) a person who, being a solicitor in another jurisdiction, is not a solicitor qualified to practise in that jurisdiction by reason of a sanction equivalent to a sanction specified in subsection (9) having been imposed on him or her in accordance with the law of that jurisdiction;

(g) a person who, having been a barrister in another jurisdiction, has been disbarred in accordance with the law of that jurisdiction;

(h) a person who—

(i) has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or

(ii) is subject or is deemed to be subject to a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014, whether by virtue of that Chapter or any other provisions of that Act;

(i) a person who is convicted on indictment of an offence;

(j) a person who is convicted of an offence involving fraud or dishonesty or breach of trust;

(k) a person who is convicted of an offence involving money laundering or terrorist financing (both within the meaning of the Criminal Justice (Money Laundering and Terrorist Financing) Act 2010);

(l) a person who is an undischarged bankrupt in this or another jurisdiction;

(m) a person who is convicted outside the State for an offence consisting of acts or omissions that, if done or made in the State, would constitute an offence triable on indictment;

(n) a person who is disqualified under the law of another state (whether pursuant to an order of a judge or a tribunal or otherwise) from being appointed or acting as a director or secretary of a body corporate or an undertaking.

(5) The High Court may, on application to it by a person to whom subsection (4) (other than paragraphs (a) to (c) of that subsection) applies, grant the person an order permitting him or her to be a partner in a multi-disciplinary practice where it is of the opinion that it is reasonable and proportionate to do so, having regard to the circumstances of the person, including the circumstances that gave rise to subsection (4) applying to him or her.

(6) A person who contravenes subsection (4), and is not the subject of an order under subsection (5), commits an offence.

(7) A person who commits an offence under subsection (6) shall be liable on summary conviction to a class A fine or imprisonment for a term not exceeding 12 months or both.

(8) Nothing in this section shall be construed as permitting investment in a multi-disciplinary practice by a person other than an individual.

(9) In this section, “unqualified person” means a solicitor who is not a solicitor qualified to practise, within the meaning of the Act of 1954, by reason of—

(a) his or her name having been struck off the roll of solicitors,

(b) his or her suspension from practice,

(c) his or her having had the issue to him or her of a practising certificate refused under section 49 of that Act,

(d) having his or her practising certificate suspended under section 58 of the Act of 1994, or

(e) his or her having given to the High Court an undertaking not to practise as a solicitor.

Annotations:

Editorial Notes:

E18

A class A fine means a fine not greater than €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(1), S.I. No. 662 of 2010.