Legal Services Regulation Act 2015

108

Managing legal practitioner

108. (1) A multi-disciplinary practice shall have at least one legal practitioner (referred to in this Part as the “managing legal practitioner”) who shall be a partner in the multi-disciplinary practice, who shall be responsible for the management and supervision of the provision of legal services by the practice.

(2) Where a multi-disciplinary practice fails to be in compliance with subsection (1) for a period of 7 days or longer, it shall—

(a) notify the Authority of that fact, and

(b) cease providing legal services until a managing legal practitioner is appointed under subsection (1).

(3) The managing legal practitioner shall ensure that the multi-disciplinary practice is managed so as to ensure the provision of legal services by the practice—

(a) is in accordance with the requirements of this Act and regulations made under it and any other applicable enactment or rule of law, and

(b) adheres to the professional principles specified in section 13(5).

(4) Where a managing legal practitioner has reason to believe that the multi-disciplinary practice is providing, or is likely to provide, legal services in a manner that does not comply with paragraph (a) or (b) of subsection (3), or if it would be reasonable for the managing legal practitioner to so believe, he or she shall, within a period of 14 days, take all reasonable action available to him or her to—

(a) ensure that those paragraphs are complied with, and

(b) remedy any defaults in compliance with those paragraphs.

(5) Where a managing legal practitioner fails, within the period referred to in subsection (4)

(a) in accordance with paragraph (a) of that subsection, to ensure compliance as referred to in that paragraph, or

(b) to remedy any defaults in accordance with paragraph (b) of that subsection,

he or she shall, within 7 days of the expiration of that period, notify the Authority of such failure.

(6) A managing legal practitioner who fails to notify the Authority in accordance with 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.

Annotations:

Editorial Notes:

E19

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.