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Solicitors

Setting Up In

Private Practice

Published by the Guidance & Ethics Committee of the Law Society of Ireland October 2007 (6th Edition)

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Private Practice

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OTHER USEFUL PUBLICATIONS

FROM

THE LAW SOCIETY

Planning for Emergencies in a sole Practioner’s/Principal’s Firm (Law Society Gazette Aug/Sept 2007 – copy included at Appendix 9 of this booklet)

Locum Arrangements

(Guidance & Ethics Committee - March, 2005)

Partnership

(Guidance & Ethics Committee - November, 2003)

Solicitors Ceasing Practice – Guidelines for solicitors retiring or ceasing to practise as sole practitioners or sole principals and for solicitors purchasing practices from them

(Guidance & Ethics Committee – Revised 2005)

Information booklet for Solicitors commencing employment in the Corporate & Public Services Sectors (Corporate & Public Services Committee – Revised 2002)

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CONTENTS

PART 1

REGULATORY REQUIREMENTS AND ANCILLARY MATTERS

1. Commencement in Practice ...7

"Commencement in Practice"form ...7

Post-qualification experience prior to setting up in practice...8

2. Practising Certificates...8

Scheme for easy payment of practising certificate fees and insurance premium ...9

Law Society notification of practising solicitors to other bodies...10

Life assurance ...10

Law Directory ...10

3. Professional Indemnity Insurance...10

Insurers...11

Brokers ...12

Reporting terms of the policy ...14

Run-off cover ...14

4. Accounts Regulations...15

Your reporting accountant...15

Accountant’s report...16

5. Professional Names and Professional Notepaper...16

Professional names...16

Professional notepaper ...16

Other information to be included on notepaper...17

6. Advertising...17

Personal injury advertising ...18

Publication in inappropiate locations...18

Touting ...18

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PART 2

LAW SOCIETY PROFESSIONAL SERVICES

7. Seminars and Meetings...19

"Setting Up in Practice" seminars...19

8. Keeping your Legal Knowledge up to Date...19

Continuing Professional Development (CPD)...19

The Gazette ...20

Law Society publications...20

Guide to Employment Law...20

Quality Service Statement ...20

Precedent Forms, Standard Forms and Client Infromation Leaflets ...21

Law Society Library ...21

Legal publications...23

Law Society website – members area ...24

Law Society committee helplines...24

9. Professional Conduct...25

The rules of conduct ...25

Core values of the profession ...25

A Guide to Professional Conduct of Solicitors in Ireland...25

Guidance & Ethics Helpline ...25

Disputes between solicitors and between solicitors and other professionals ...26

10.Office Technology...26

Computer systems ...26

Technology exhibition ...26

PART 3 LAW SOCIETY GENERAL ASSISITANCE 11. Personal Benefits...27

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PART 4

ASSISTANCE OUTSIDE THE LAW SOCIETY

12. Colleagues, Bar Associations and others...31

Colleagues...31

Bar Associations...31

Government departments ...31

Assistance available if a complaint is made to the Law Society - “Panel Scheme” ...31

DSBA Helpline ...32

Cork Solicitors’ Helpline ...32

Appendix 1 Commencement in Practice Form ...33

Appendix 2 Confirmation of Minimum Level of Cover...36

Appendix 3 Publications available from the Law Society...37

Appendix 4 Legal Research on the Web - selected Websites...39

Appendix 5 Law Society Committee Helplines...44

Appendix 6 Law Society Company Formation Service...45

Appendix 7 Solicitor Link Form...47

Appendix 8 Gazette Articles - Support Services ...48

Appendix 9 Planning for emergencies in a sole ... Practioner’s/Principal’s Firm ...54

A - Z Index...58

Published by the Guidance & Ethics Committee of the Law Society of Ireland

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PART 1

REGULATORY REQUIREMENTS

AND ANCILLARY MATTERS

1. COMMENCEMENT IN

PRACTICE

"Commencement in Practice" form

I

f you are going to set up in practice you are required to inform the Law Society. You are required to advise the Society of the following:

Your business name and business address. The date of commencement in practice. The financial year adopted by you.

The date of departure from previous employment , if applicable.

The name, address, professional qualifications and professional indemnity insurance details of your reporting accountant, who must be approved by the Society.

The information to be provided is as set out in the Commencement in Practice form. (See Appendix 1.) Copies of the form are available from the Law Society. The form must be completed and the declaration which is part of the form must be signed by you. The declaration requires you to confirm that you are familiar with the requirements of the Solicitors Accounts Regulations.

If your professional notepaper is already prepared you should provide the Society with a sample of it.

The form should then be returned to Nicola Darby, Regulation Department.

Once the necessary information is provided you do not need approval from the Law Society to commence practice.

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1. "Restrictions following admission as solicitor on practising as sole practitioner" - Section 37 of the Solicitors (Amendment) Act, 1994.

2. "Qualifications for acting as solicitor" - Section 54 of the Solicitors Act, 1954 as amended by section 62 of the Solicitors (Amendment) Act, 1994.

"Prohibition on unqualified person acting as solicitor" - Section 55 of the Solicitors Act, 1955 as amended by section 63 of the Solicitors (Amendment) Act, 1994.

3. "Costs not recoverable where solicitor acts while not qualified to practise" - Section 57 of the Solicitors Act, 1954.

Post-qualification experience prior to setting up in practice

It is the Society's policy to encourage newly qualified solicitors to obtain a minimum of one year's experience in an established practice prior to setting up on their own.

The Solicitors Acts enable the Law Society to make regulations in the future regarding a period of minimum post-qualification experience/training which will then be required prior to setting up in practice.1

2.

PRACTISING CERTIFICATES

Y

ou should have a practising certificate before you actually commence in practice.

The Society may take action against a solicitor practising without a practising certificate including referring the solicitor to the Disciplinary Tribunal.2

Moreover, a solicitor cannot recover costs for work done during a period when he did not hold a practising certificate.3

The practice year runs from 1st January to 31st December. An application for a practising certificate must be made on or before the 1st February each year in order that the practising certificate issues with effect from the 1st January.

Application forms for obtaining a practising certificate are automatically forwarded to all solicitors each year.

Additional forms can be obtained from the Society and on the Society’s website www.lawsociety.ie.

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The fees payable for the current year 2007 are as follows:

Solicitors admitted Solicitors admitted 3 years or more on less than 3 years on

1st January 2007 1st January 2007

€ €

Registration Fee 1,441 1,146

Compensation Fund contribution 400 400

1,841 1,546

Society's membership subscription (optional) 85 55

1,926 1,601

Solicitors Benevolent Association

contribution (optional) 40 25

F.L.A.C. contribution (optional) 15 15

Other Community Law Centres

contribution (optional) 15 15

Total 1,996 1,656

Membership subscriptions, contributions to the Solicitors Benevolent Association and to F.L.A.C. are optional. There is a concessional membership subscription rate of €20 if you are in your first year of admission to the Roll.

The practising certificate fee must be paid before 1st February every year in order to qualify to practice from 1st January of that year.

If you commence practising during the year the practising certificate fee is apportioned by reference to the month in which you commence in practice.

Scheme for easy payment of practising certificate fees and insurance premium

A funding scheme for easy payment of your practising certificate fees and professional indemnity insurance premium is available each year. For further details contact the Society.

Contact person at the Law Society: Rosemary Fallon Tel. 01 6724800

The consequences for a solicitor who practises without a practising certificate are

(a) The validity of any act done on behalf of a client by a solicitor who does not have a valid practising certificate in force at the time of the act may be questioned,

(b) A solicitor cannot raise a bill of costs for work done during a period when he does not hold a practising certificate.

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Law Society notification of practising solicitors to other bodies

In April of each year the listing of solicitors holding practising certificates as at 31st March is forwarded to County Registrars, Secretaries of Bar Associations and other groups within The Courts Service who require this information.

Life assurance

A solicitor under 70 years of age who holds a current practising certificate and who is resident in Europe is covered for life assurance of €48,750.

Law Directory

Solicitors who hold practising certificates up to a certain date in November of the current year are automatically listed in the Society's Law Directory for the following year under their name, firm name and details current as of that November.

3.

PROFESSIONAL INDEMNITY INSURANCE

A

ll solicitors in private practice must have professional indemnity insurance.

The professional indemnity insurance regulations require minimum cover of €2.5 million each and every claim.

If you have been insured as a partner or an employee in another firm and commence practice on your own during a year for which your former firm had insured you, this does not cover you in your new firm.

Cover for your new practice must be arranged with one of the insurance companies listed below. These are "qualified insurers" that is, insurance companies which currently meet the requirements of the regulations for insurers.1

It should be noted that the period of cover should run to the 31st October each year as provided for in the Regulations.1Therefore when you commence in practice on your own behalf you should arrange your cover from the date you commence in practice through to the 31st October.

1. Professional Indemnity Insurance Regulations, 1995 S.l. No. 312 of 1995, as amended by S.l. No. 209 of 1998, S.l. No. 362 of 1999, S.I. No 115 of 2004 and S.I. No 122 of 2005.

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Insurers

*AG Dore & Others Syndicate 2526 at Lloyds *AIG Europe (Ireland) Ltd

*Brit Insurance Limited

*Canopius Syndicate 4444 at Llyods *Catlin Insurance Company (UK) Ltd *Liberty Mutual Insurance Europe Limited

Quinn Direct Head Office

Dublin Road Cavan Co. Cavan Tel: 1850 77 1850 Fax: 049 4368101

Solicitors Mutual Defence Fund Ltd Direct Contact at: 25 Lower Leeson St Dublin 2

Tel: 6763118 & 6762596 Fax: 6612402

*Royal & Sun Alliance All new applications for professional indemnity insurance cover should be made through an insurance broker.

*WR Berkley Insurance (Europe) Limited

*These insurers require cover to be arranged through a broker.

It should be noted that while the insurers noted have signed an Assigned Risks Pool Participation Agreement entitling them to provide professional indemnity insurance cover to the profession, the Society is not responsible for any contractual arrangement you may enter into with a qualified insurer.

The Law Society does not assess the solvency of any insurer.

The professional indemnity insurance Regulations (S.I. No.312 of 1995) provides as follows:-“insurer” means-

(A) the mutual fund known as the “Solicitors Mutual Defence Fund Limited”; or

(B) an insurance company or insurance underwriter authorised pursuant to the Insurance Acts, 1909 to 1990 to carry on general insurance business in the State; or

(C) an insurance company or insurance underwriter which has either its head office or a branch office within a member state of the European Union other than the State and which is authorised by law to carry on general insurance business within the State;

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As this listing may be updated at any time, please contact the Society if you have any query relating to any insurer not noted on the above listing.

The premium can vary considerably from insurer to insurer and it is wise to obtain several quotations. Some companies base the premium on the number of persons covered, others base it on fee income. After the first year, many companies offer a continuity discount.

Brokers

The following brokers have expressed their willingness to arrange professional indemnity insurance cover from the listed insurers overleaf, with the exception of the Solicitors Mutual Defence Fund Ltd, which should be contact directly, if arranging cover with them. Cover may also be obtained from a broker of your choice. The Professional Indemnity Insurance Committee of the Society advises you to ensure that the broker providing cover is registered with either the Irish Brokers Association, 87 Merrion Square, Dublin 2 or the Insurance Intermediary Compliance Bureau, 39 Molesworth Street, Dublin 2. The Professional Indemnity Insurance Committee accepts no legal responsibility for any information contained herein or for any transaction which you may have with a broker, when obtaining professional indemnity insurance cover.

Alexander Forbes Professional Indemnity 1 Seething Lane (Nelson Hurst & Marsh Ltd) London EC3N 4NH

England

Tel: (0044 207) 933 2045 Fax: (0044 207) 7097999

Aon 10/12 Lansdowne Road Ballsbridge

Dublin 4

Tel: (01) 6059300 Fax: (01) 6601187

Arachas The Courtyard

Carmanhall Road Sandyford Business Estate Dublin 18

Tel: (01) 2135000 | Fax: (01) 2130001 &

9 Eastgate Avenue Eastgate Business Park Little Island

Cork

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Burke Insurances Ltd Wood Quay Galway

Tel: (091) 563518 | Fax: (091) 563616

Coyle Hamilton Corporate Broking 7/9 South Leinster Street Dublin 2

Tel: (01) 6616211 | Fax: (01) 6613324

Jardine Llyod Thompson Ireland Ltd Warrington House Mount Street Crescent Dublin 2

Tel: (01) 6609703 | Fax: (01) 6609750

Lennon Earley Crotty Insurances Ltd 8/9 Marino Mart Fairview Dublin 3

Tel: (01) 8330056 | Fax: (01) 8330893

Marsh Ireland Ltd 25-28 Adelaide Road

Dublin 2

Tel: (01) 6048100 | Fax: (01) 6611620

Network Risk Health & Safety Ltd 16/17 Main Street Dundrum Dublin 14

Tel: (01) 2960163 | Fax: (01) 2960216

O'Leary Insurance Group Lough Mahon House Blackrock

Cork

Tel: (021) 4536800 | Fax: (021) 4536801

Willis Limited Global Financial & Executive Risks Practice One Camomile Street

London EC3A 7LA

England Tel: (0044) 207 975 2317 Fax: (0044) 207 975 2120

www.willis.com

The text of the “confirmation of cover” for brokers to the Society is attached at Appendix 2. The Professional Indemnity Insurance Committee of the Society advises you to ensure that the broker providing cover is registered with either the Irish Brokers Association, 87 Merrion Square,

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Dublin 2 or the Insurance Intermediary Compliance Bureau, 39 Molesworth Street, Dublin 2. It is your responsibility to ensure compliance with the regulations.

The terms of the minimum level of cover to be provided by qualified insurers are available on request from the Society.

When setting up a new firm a solicitor should be careful to compare the policies being offered

Reporting terms of the policy

An important term of most solicitors’ professional indemnity insurance policy is that the insurer is notified of "circumstances arising" which may give rise to a claim. Thus, when you are in practice, if you become aware of a mistake which you have made, you must notify your insurers. This must be done even if your client is not aware of, and may never become aware of, the mistake you have made and you have an opportunity to rectify the matter and do so.

If you do not report the matter to the insurers and the insurance company becomes aware of the position, they may subsequently seek to avoid your policy at a time when you need cover. As mentioned earlier, finance can be arranged for payment of the practising certificate fees and insurance premium.

Contact person at the Law Society: Rosemary Fallon. Tel. 01 6724800.

Run-off cover

Professional indemnity insurance is on a "claims made" basis. This means that if a client makes a claim against a solicitor for professional negligence, the relevant insurance is the insurance in place at the time when the claim is notified, not at the time when the mistake was made. A solicitor must plan for the possibility that his firm may fail for reasons of non-viability, or that circumstances may change in a way which may dictate the closure or sale of the practice. The solicitor will then need to maintain cover after he ceases practice, in order to have cover in place should a claim be made. In practical terms the two years cover will commence after the expiry of the cover which is in place at the time the solicitor retires.

This cover is known as run-off cover. The issue of run-off cover becomes very important after the closure of a practice.

The professional indemnity insurance regulations require a solicitor to carry run-off cover for a period of two years after the solicitor has ceased practice. However, while the mandatory period of

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cover is two years the Society recommends that a minimum of six years run-off cover should be effected, to reflect the relevant Statute of Limitations period for actions based on contract. The solicitor, having wound up his/her own practice must pay these premiums from his/her own resources at a time when the solicitor may be in financial difficulty.

Insurance companies will rarely provide run-off cover for a solicitor where that solicitor has not been on cover with them while in practice.

4.

ACCOUNTS REGULATIONS

Your reporting accountant

T

he reporting accountant is the solicitor's own accountant. The accountant must meet the qualifications required for solicitors’ reporting accountants. These include being a member in practice and holding a practising certificate of one of the following:-

The Institute of Chartered Accountants in Ireland,

The Institute of Chartered Accountants in England and Wales, The Institute of Chartered Accountants in Scotland,

The Institute of Incorporated Public Accountants, The Association of Chartered Certified Accountants, The Institute of Certified Public Accountants in Ireland.

The accountant must maintain such minimum level of professional indemnity insurance cover as the Society may appropriately and reasonably direct from time to time in order to provide for indemnity against losses arising from claims incurred, inter alia, in connection with his or her professional practice as a reporting accountant.

Contact person at the Law Society: Sorcha Hayes. Tel. 01 6724800.

The name of your reporting accountant must be noted on the Commencement in Practice form referred to earlier.

It is essential that your reporting accountant is familiar with the requirements of the Solicitors Accounts Regulations.

As you are in a business set-up situation, your accountant will be a very important ally during your first year in business. You should select your accountant on the basis of his/her experience in dealing with people in a business set-up situation, ideally solicitors, but also other professionals or

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business persons.1

Accountant’s report

The work your accountant will be required to do for you will include preparing and signing an annual report to the Law Society.

It is your responsibility to ensure that the accountant's report is delivered to the Society by the due date, which is six months after your financial year-end. The discharge of this responsibility cannot be delegated to your reporting accountant. Instruct your reporting accountant in adequate time to ensure completion of the work before the deadline.2

If you fail to submit your accountant’s report or are late in doing so, this can have serious consequences. The solicitor may be referred to the Disciplinary Tribunal.3

5.

PROFESSIONAL NAMES AND PROFESSIONAL

NOTEPAPER

1

Professional names

A

solicitor, or firm of solicitors, usually practises under the name, or one of the names, of the solicitors or one or more of the present or former principals of the firm. If you wish to use some other name you will need approval in writing from the Law Society. Application for such approval should be made in writing to the Secretary, Complaints and Client Relations Committee.

Contact person at the Law Society: Linda Kirwan. Tel. 01 6724800.

The nameplate of a practice may only include the name of the practice, the names of the solicitors, their qualifications and, if applicable, the date of establishment of the practice.

Professional notepaper

The name of the principal or the names of all the partners should be listed even if these are included in the name of the firm.

If the names of assistant solicitors are shown on the notepaper, a differentiation should be made between their names and the names of the principals or partners.

1. Solicitors Accounts Regulation 2001 S.I. No 421 of 2001, regulation 21(1) and (4). 2. Solicitors Accounts (Amendment) Regulations, 2005. S.I. No 719 of 2005.

3. "Provisions as to Accountants’ Certificates" - Section 31(6) of the Solicitors (Amendment) Act, 1960. 4. Solicitors (Practice, Conduct and Discipline) Regulations, 1996 - S.I. No.178 of 1996

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All solicitors who are listed on the notepaper, including consultants, must hold a practising certificate. If non-solicitors are listed, their status must be unambiguously stated.

If you are in any doubt about the matter, you should contact the Society.

Contact person at the Law Society: Therese Clarke. Tel. 01 8681220.

In addition, there must be compliance with the Registration of Business Names Act, 1963, which provides that in relation to any business, if the name under which the firm is trading is not the true name of the people involved, registration of the name is necessary. Registration under the act would be necessary where a solicitor is not practising under his own name or is practising under a name approved by the Law Society or with an addition such as "& Co."

Other information to be included on notepaper

The usual information in respect of address, telephone and fax numbers, document exchange number, website address and e-mail address should also appear.

Legislation requires that the VAT number of the firm is included on invoices, debit notes and credit notes.1

6.

ADVERTISING

Y

ou are entitled to advertise your services subject to compliance with the Solicitors (Advertising) Regulations, 2002.2 These regulations permit advertising but impose restrictions on the content of advertisements, particularly advertisements which relate to personal injury claims.

You may not do any of the

Publish an advertisement that is likely to bring the solicitors’ profession into disrepute, is in bad taste, reflects unfavourably on other solicitors, or is false or misleading in any respect.

Publish an advertisement that expressly or impliedly claims specialist knowledge superior to other solicitors.

Publish an advertisement that is contrary to public policy.

1. Value Added Tax (Invoices and other Documents) Regulations - S.I. No. 275 of 1992

Value Added Tax (Invoices and other Documents) (Amendment) Regulations 1998 - S.I. No. 489 of 1998 Value Added Tax (Invoices and other Documents) (Amendment) Regulations 2003 - S.I. No. 723 of 2003 2. Solicitors Advertising Regulations, 2002 - S.I. No.518 of 2002

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Solicitors should consult the regulations before publishing any advertisement or alternatively submit a draft of the advertisement to the Society for approval prior to publication.

Personal Injury Advertising

Advertisements cannot expressly or impliedly solicit or encourage or offer any inducements to any person to make a claim for damages for personal injuries. Anything in an advertisement which suggests that a solicitor will provide legal services involving contentious business at no cost or at a reduced cost is prohibited. Accordingly phrases such as “no foal, no fee”, “free first consultation”, “most cases settled out of court”, or “insurance cover arranged to cover legal costs” are not permissible.

A solicitor may include the word “personal injuries” or similar words or phrases in a list of the legal services provided, in which case the advertisement must also refer to the ban on percentage charging.

Publication in inapppropriate locations

Advertisements may not appear in hospitals, clinics, doctors’ surgeries, funeral homes, on any form of transport, or adjacent to death notices.

Touting

A solicitor may not make a direct unsolicited approach to any person who is not an existing client with a view to obtaining instructions at the scene of an accident, outside a Garda station, prison or courthouse, or in such a manner that the approach is likely to bring the solicitors’ profession into disrepute.

Enforcement of Advertising Regulations

You must keep a copy of any advertisement you have issued for a period of at least 12 months from the last date of its publication. Solicitors who are in breach of the advertising regulations may be referred to the Disciplinary Tribunal.

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PART 2

LAW SOCIETY PROFESSIONAL

SERVICES

7. SEMINARS

AND

MEETINGS

"Setting Up in Practice" seminars

S

eminars dealing with setting up in practice are held on an annual basis and are aimed at solicitors who are about to set up in practice, those who have recently set up in practice or those who are considering setting up in practice. It is also relevant for new partners.The seminar is a full day seminar. The factors influencing the decision to set up in practice are discussed. Most importantly, the costs of setting up in practice and the financing of the practice are outlined.

Other important topics covered are accounts regulations, taxation issues, risk management, marketing and many others.

Solicitors who attend the seminar are invited to join a mentor scheme. The mentors are a panel of experienced solicitors who will give assistance and guidance to those setting up in practice.

Inquiries in relation to the seminars can be made to the Society.

Contact person at the Law Society: CPD Section. Tel. 01 6724802.

8.

KEEPING YOUR LEGAL KNOWLEDGE UP TO DATE

Continuing Professional Development (CPD)

A

s you are probably aware, the Society provides the profession with a comprehensive continuing professional development programme. These are seminars of a high quality presented by experts in their specific subjects at reasonable cost. The seminars are held with the assistance of members of the profession who give their time and expertise for the benefit of their colleagues. The seminars covered as part of the Continuing Professional Development programme deal with changes in legislation and in practice and procedure generally. The over-riding consideration in designing these courses is that they contain the appropriate balance of theory and practicality. The seminars address the type of issues which are typically encountered by practitioners in day to day practice situations.
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The seminars are intended to address matters of substantive law as well as skills-based courses on a range of topics.These include IT training, Advocacy, Negotiations, Time-management and Presentation Skills. They also include management courses in a variety of topics.

A CPD Scheme was introduced in 2003. Twenty hours training must be undertaken over a two year period. A minimum of fifteen hours are required to be in group study and up to five hours can be private study. At least five hours of the total cycle must be spent on training in management and professional development skills which are very broadly defined.

Training may be organised by the Law Society, by individual firms, by universities, by local Bar Associations by the Society of Young Solicitors and other similar organisations.

Full details of the new scheme are set out in the Continuing Professional Development Guidelines which have been furnished to all practising solicitors.

If you have any queries in relation to any aspect of the scheme you should contact the Law Society.1

Contact person at the Law Society: Alison Egan, CPD Section. Tel. 01 6724802

The Gazette

The Gazette includes practice notes and briefings on legislation and business topics as well as a “Practice Doctor” section. The Gazette is also available on the website.

Law Society publications

The Society has an extensive list of useful publications, some available on disk. See Appendix 3 for the titles and prices of these. Some are available free of charge. This information is also available on the Society’s website www.lawsociety.ie. The publications include those set out below.

Guide to Employment Law

The Employment and Equality Law Committee of the Society has produced a booklet "Guide to Employment Law". The booklet provides an overview of current employment and equality legislation. This will not only provide a starting point for providing legal advice to your clients but will also be useful information for yourself and your own employees.

Quality Service Statement

The Law Society Quality Service Statement sets out in simple terms the standard of service clients may expect from their solicitor. The statement will fit a standard A4 frame. Solicitors are 1. Solicitors (Continuing Professional Development) Regulations, 2003 S.I. No 37 of 2003

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encouraged to display the statement where it will be seen by clients in the firm’s reception or other suitable area.

Precedent forms, standard forms and client information leaflets

Several precedent forms are available on disk from the Law Society. Supplies of standard forms and leaflets for client information can also be purchased from the Law Society.(See the full list of publications available from the Law Society at Appendix 3).

Contact person at the Law Society: Esther McCormack. Tel. 01 6724800

LAW SOCIETY LIBRARY

T

he library provides a lending, reference and information service to the Society's members and students. The library's holdings cover Irish, English and EU law and include:

Textbooks Legislation

Journals Case law

Legal encyclopaedias Digests and indexes

Government publications Books of forms and precedents

Seminar proceedings On-line databases and CD-ROMs

On-line databases and CD-ROMs

Electronic databases accessible in the library include: Lexis

Irish Reports and Digests EU Celex database

Sweet & Maxwell's Current Legal Information, including the Legal Journals Index which is an index to articles in all UK and Irish law journals

Irish Taxation Institute's Tax Find

Butterworths' Irish property law service, including the full text of Butterworths' Irish property law textbooks and Laffoy, Irish conveyancing precedents

Butterworths' encyclopaedia of forms and precedents Ross, Commercial leases

Kelly's draftsman

Casetrack database of UK court decisions Irish Times archive

The Internet - see list of suggested legal research web sites at Appendix 4 of this booklet. There are also links to these web sites from the library pages in the members' area on the Law Society web site.

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Library services

Library catalogue:The library on-line catalogue is in the members' area on the Law Society web site: www.lawsociety.ie. You can search the catalogue for details of all textbooks, seminar papers and government publications held in the library. You can also search it for details of all High Court, Supreme Court and Court of Criminal Appeal reserved judgments since 1990, and for details of bills, acts and statutory instruments since 1997. Other indexes are available in the library for material prior to these dates.

Note:The catalogue records for judgments include a short summary of the case, a list of any cases cited in the judgment, the law report citation if the case has been reported and, if available, a link to the text of the judgment on the BAILII (British and Irish Legal Information Institute) web site. The records for bills are continuously updated to show the stage a bill has reached in the Dáil or Seanad, and the records for acts are updated to show the commencement date or dates.

Textbook loans:You may borrow textbooks in person in the library or you may phone, fax or email requests for textbooks to be sent to you on loan by post or through the Document Exchange. You can also request loans through the on-line catalogue. When you find an item on the catalogue that you wish to borrow, open the full catalogue record and click on 'Request loan'. You will be prompted to type in your User ID (Solicitor Number) and Library PIN. The first time you do this you will need to contact the library for your PIN details. The loan period is ten days. Renewal of loans is at the discretion of the library staff and depends on the availability of, and demand for, a particular book. You have an option to renew your loans once on-line on the catalogue, if no one else has requested the item/s. Please contact the library if you need assistance with on-line borrowing.

Document supply service: Subject to copyright legislation, the library operates a photocopying service for members. You can make requests to the library by post, phone, fax or email for copies of materials - for example: extracts from textbooks, journal articles, precedent forms for drafting purposes, law reports, unreported judgments, legislation, EC regulations and directives. Photocopies can be sent to you by post or DX, faxed to you, or scanned and emailed to you in pdf. Self-service photocopying is available in the library.

Precedents on-line:By agreement with the publishers, LexisNexis Butterworths, the library may email precedent forms to members from the electronic versions of Butterworths' encyclopaedia of forms and precedents and Laffoy, Irish conveyancing precedents. The precedents are Microsoft Word documents and may be used as templates for drafting your own customised forms. There are restrictions in relation to printing more than a single copy or electronically storing the original LexisNexis Butterworths form.

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General enquiry service: You can contact the library for lists of textbooks and articles on a particular subject, details of cases by subject, searches on the Lexis on-line legal database or any of the other databases listed above, information on legislation, names and addresses of lawyers in other countries, and for advice generally on any aspect of legal information sources.

There are charges for photocopying, faxing, emailing and search services - details available from the library.

Library opening hours

Monday to Thursday 8.30am to 6.00pm

Friday 8.30am to 5.00pm

The library can also be contacted by post, phone, fax or email. See below for contact details.

Library contact numbers:

General library enquiries: Tel: (01) 6724843 Fax: (01) 6724845 Email: [email protected]

Margaret Byrne, Librarian Tel: (01) 6724840 email: [email protected] Mary Gaynor, Deputy Librarian Tel: (01) 6724841 email: [email protected] Eddie Mackey, Assistant Librarian Tel: (01) 6724842 email: [email protected] Susan Reilly, Library Assistant Tel: (01) 6724844 email: [email protected]

Legal Publications

The following are the main publishers of Irish legal textbooks, journals and electronic products. Ask to be put on their mailing lists for catalogues, or check their web sites for new and forthcoming publications.

Law Society of Ireland – see list of the Society’s publications at Appendix 3 of this booklet

FirstLaw Tel: (01) 6790370; www.firstlaw.ie

LexisNexis (formerly Butterworths) Tel: (01) 8731555; www.lexisnexis.co.uk Round Hall

(for Round Hall and

Sweet & Maxwell products) Tel: (01) 6625301; www.roundhall.ie

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(Lists of new government

publications are published in Iris Oifigiuil)

Alan Hanna’s Bookshop Tel: (01) 4751828

(Sales agent for office for official publications of the EC)

Law Society Website – Members’ Area

The members’ area of the Law Society website is an invaluable source of professional information. Access is restricted to members of the Society through the use of the member’s solicitor number and surname.

This section lists the A-Z of services and functions of the Society and details the various individuals within the Society responsible for them.

All practice notes published in the Gazette since 1986 have been reproduced on the site and members can search for individual notes by committee, date or title.

A number of precedent documents have also been published – these can be downloaded and printed in Word or PDF format.

The "Latest News" section sets out checklists of fees, tax bands and allowances, in addition to general legal information. This section also comprises a number of options, including news from the Society’s committees and news from other jurisdictions.

Recent publications can be located in the "Publication" section, and the entire Gazette can be found under the "Gazette" link.

The site can be accessed from the member’s area icon on the Law Society public site at www.lawsociety.ie.

Law Society committee helplines

The committees of the Law Society which deal with particular areas of law and practice operate helplines through their committee secretaries who can be contacted at the Law Society. See the listing of the relevant committees at Appendix 3 for the names of the individual secretaries. This information is also available at the front of the Law Directory.

You cannot be given legal advice but the secretary will be familiar with, and can point you to, the relevant practice notes and other up-to-date information which will assist you.

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9.

PROFESSIONAL CONDUCT

O

ne of the hallmarks of a profession is that the profession requires its members to observe a certain code of conduct, some of which is, and some of which is not, reflected in legislation or regulation. The profession itself enforces these rules.

As a member of the profession you have duties towards various individuals and bodies: The courts and other bodies before whom you will plead your clients’ causes or act on

their behalf.

The public for whom the existence of a free and independent profession is an essential means of safeguarding individual rights in the face of the power of the State and other interests in society.

The legal profession in general and each fellow member of it.

The rules of conduct

The rules of professional conduct are derived both from statutory and non-statutory sources. The Solicitors Acts, 1954 to 2002 and the regulations made under these acts are the legislative framework for the regulation of solicitors.

Core values of the profession

In addition to the relevant legislation, solicitors are required to observe general core principles of conduct, in particular honesty, integrity, independence, confidentiality and the avoidance of situations of conflict of interest.

A Guide to Professional Conduct of Solicitors In Ireland

Your attention is drawn to the publication "A Guide to Professional Conduct of Solicitors in Ireland" (2nd Edition). Copies are available from the Law Society. See Appendix 2 for details and prices of all Law Society publications. This Guide states the accepted principles of conduct and practice in the context of practical situations.

Contact person at the Law Society: Esther McCormack. Tel. 01 6724800.

Guidance & Ethics Helpline

If you are concerned at any time about your own position in any matter of practice or conduct contact the Society’s Guidance and Ethics Helpline. You will be assisted and will be informed about any relevant published material, including practice notes. You will then be in a position to make an informed professional judgement on the particular matter.

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Disputes between solicitors and between solicitors and other professionals

The Guidance & Ethics Committee exercise the good offices of the Society to assist the resolution of problems and disputes arising between solicitor colleagues and between solicitors and other professionals where both parties have first been informed of the function of the committee and are agreeable to the matter being processed by the committee.

As part of this service a mediator can be provided to work directly with the parties.

10.

OFFICE TECHNOLOGY

Computer systems

T

he publication "Get Integrated 2007! – A Guide to Computer Suppliers to the Legal Profession" is a publication in which the Technology Committee of the Law Society has compiled a list of computer suppliers, using information provided by the suppliers themselves. This will assist you to identify the companies who would best be able to meet your firm’s needs. You should also seek recommendations from colleagues before you select any particular supplier. There is no better recommendation than to see the hardware and software working satisfactorily in another solicitor’s office.

Technology exhibition

The Technology Committee organise an annual exhibition of computer service providers, usually held in February/March.

In addition, the committee organise two seminars on technology-related matters every year. One of these is organised as part of the exhibition and the other one is normally held at a venue outside Dublin.

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PART 3

LAW SOCIETY GENERAL

ASSISTANCE

11.

PERSONAL BENEFITS

SUMMARY OF SUPPORT SERVICES FOR LAW SOCIETY OF IRELAND MEMBERS

The Society provides a wide range of support services for its members. The Society has a firm

commitment to providing its members with more added benefits for their membership, more

advice, more value for money.

Personal Benefits Contact

Law Society Retirement Trust Scheme –a Revenue-approved ‘personal pension’ group scheme,

established to facilitate Law Society members, whether self-employed, in partnership or in non-pensionable employment, in saving for retirement.

Brian King or Maureen Carolan, Bank of Ireland Trust Services, 40 Mespil Road, Dublin 4. Ph: 01 6378770 or 01 6378764.

e-mail: [email protected] or

[email protected]. Law Society Group Life Assurance Scheme –the

Scheme currently provides cover of 48,750, subject to the Law Society member fulfilling the Scheme’s conditions.

Louise Campbell, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 8815712.

e-mail: [email protected]. Financial advice -including insurance and mortgage

advice and advice regarding the solicitors unsecured finance plans for preliminary tax, pension

contributions, professional indemnity, and practising certificate fee finance.

Liz O’Brien, Penpro Limited, 14 Priory Hall, Stillorgan, Co. Dublin.

Ph: 01 2000100.

e-mail: [email protected].

Health Insurance -10% group scheme discount for Law Society members.

Vhi Ph: 1850 444444 or VIVAS Health Ph: 1850 716666. MBNA Credit Card- Law Society affinity credit

card.

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Practice/Career Development

Queries on Law Society requirements for setting up or retiring from practice, professional

indemnity insurance and/or practising certificates.

Nicola Darby or Rosemary Fallon, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724972 or 01 6724856. e-mail: [email protected] or

[email protected].

Library Service – including the on-line library catalogue, precedents, textbook and document supply and a general enquiry service on all aspects of legal information.

The Library, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724843 or 01 6724844. e-mail: [email protected].

Solicitor Link –countrywide, confidential, introduction service, for solicitors interested in acquiring or selling a practice or merging or sharing overheads with another practice.

See Appendix 6 for application form.

Louise Campbell, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 8815712.

e-mail: [email protected].

The Mentor Programme - opportunity for solicitors setting up in practice to make contact with a more senior and experienced solicitor, for guidance and advice, on an informal and voluntary basis.

Louise Campbell, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 8815712.

e-mail: [email protected].

The Employment Register - opportunity for Law Society members to advertise for all their staff requirements for a legal office on the Law Society website.

Trina Murphy, The Law School, Courthouse Chambers, Washington Street, Cork. Ph: 021 4226203.

e-mail: [email protected].

The Locum Register – opportunity for Law Society members seeking employment as a locum to make their Curriculum Vitae available on the Law Society website to members seeking to employ a locum.

Trina Murphy, The Law School, Courthouse Chambers, Washington Street, Cork. Ph: 021 4226203.

e-mail: [email protected].

The Trainee Register – opportunity for those seeking a traineeship to make their Curriculum Vitae available on the Law Society website to members seeking to employ a trainee.

The ‘Trainee recruitment section’ of the Law Society websitewww.lawsociety.ie.

Company Formation Service – a competitively priced, fast, efficient company formations service.

See Appendix 7 for details of services and prices.

The Company Formation Department, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724914 or 01 6724916.

e-mail: [email protected].

Law Society Committees– on various aspects of the law, giving guidance relating to best practice and/or professional conduct.

Contact the Committee’s Secretary, details contained in the Law Directory or on the Law Society website

www.lawsociety.ie.

CPD FOCUS – Lifelong learning

education/training seminars and courses in specific legal areas and management organisation. CPD Focus also issue a bi-monthly electronic newsletter, sent directly to members via their desktop e-mail address.

CPD FOCUS, The Law School, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724802.

e-mail: [email protected].

Diploma Programme – diverse portfolio of relevant courses, meeting the needs of the practitioner in a changing and competitive environment.

Diploma Team, The Law School, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724802.

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The Law Society Website -www.lawsociety.ie and in particular the members’ area of the website, where a wealth of information is available at the touch of a button.

Martina Flynn, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724829.

e-mail: [email protected]. The E-zine -bi-monthly electronic newsletter, sent

directly to members via their desktop e-mail address, to bring news and information directly to members in a brief and easily digestible manner.

Martina Flynn, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724829.

e-mail: [email protected].

Publications and leaflets - for client information, standard forms, practical publications, and the conveyancing handbook, among others.

Esther McCormack, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724912.

e-mail: [email protected].

Regular Publications –the Gazette, the Law Directory, and practice notes, among others.

See the members’ area of the Law Society website

www.lawsociety.ie for contact details.

Solicitors Identity Card –issued on request to solicitors holding a current practising certificate, for an annual fee of13.

Linda Dolan, Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724853.

e-mail: [email protected].

Conferences, receptions, client meeting and consultation facilities and ancillary services. The Law Society Four Courts service - including consultation rooms and the Friary Café.

The Law Society Office, The Four Courts, Dublin 7. Ph: 01 6681806.

e-mail:

[email protected]

.

The Law Society Tribunal and Arbitration Centre,

Bow Street Friary -including a tribunal room and consultation rooms.

Mary Lynch, The Tribunal and Arbitration Centre, The Friary, Bow Street, Dublin 7.

Ph: 01 8690766.

e-mail:

[email protected]

.

Facilities at the Law Society, Blackhall Place-

including meeting and consultation rooms, private dining and bar facility, weddings and overnight accommodation.

For room bookings contact Deirdre, Kay or Carol on reception at Law Society of Ireland, Blackhall Place, Dublin 7.

Ph: 01 6724800.

e-mail:

[email protected]

.

For catering bookings contact Aidan

Gilhooly, Law Society of Ireland, Blackhall

Place, Dublin 7.

Ph: 01 6724922.

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For further information please log onto the members’ area of the Law Society website www.lawsociety.ie or contact the Society’s support services executive, Louise Campbell, Ph; 01 8815712 or email

[email protected].

The following articles written by Louise Campbell are at Appendix 8:

1. Gazette November 2006 – ‘Louise Heads Up Support Services’.

2. Gazette November 2006 – ‘Solicitor Link, A One Stop Shop When Buying, Selling Or Merging’. 3. Gazette December 2006 – ‘Taking Advantage, Members Advantage Schemes’.

4. E-zine January 2007 – ‘Situations Vacant’

5. Gazette January/February 2007 – ‘New Locum Recruitment Register Launched’. 6. Gazette March 2007 – ‘Law Directory 2007’.

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PART 4

ASSISTANCE OUTSIDE

THE LAW SOCIETY

12.

COLLEAGUES, BAR ASSOCIATIONS AND OTHERS

Colleagues

I

t is very worthwhile discussing your proposal to set up your own firm with colleagues who have set up in practice in the recent past. They may be able to point to pitfalls which you can then avoid.

Bar Associations

There are 35 Bar Associations throughout the country. They are usually organised on a county basis.

If you become an active member of your local Bar Association the other members can be an invaluable source of practical advice and assistance. Contact the secretary or any of the officers of your local Association for information.

A list of Bar Associations and their secretaries is included in the Law Directory annually.

Government departments

A number of Government departments can provide relevant and useful information.The VAT and PAYE offices issue explanatory material on their procedures and requirements.They will also provide, on request, an auditor to examine your procedures.

The Department of Social Welfare provides literature on social welfare entitlements.

Assistance available if a complaint is made to the Law Society - “Panel Scheme’’

A panel of solicitors is now available to assist solicitors about whom a complaint is made to the Law Society, or others in difficulty with the Law Society, who would like assistance with their response to the complaint. The list of panel members will be sent automatically with the initial letter from the Society and is also available on request.

Most solicitors at some point in their careers are the subject of a complaint to the Law Society. This will usually be directed to the Complaints and Client Relations Committee, which is the regulatory committee which deals with all general complaints.

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The Regulation of Practice Committee deals with Practising Certificates and all compliance aspects of Practising Certificates and the Accounts Regulations. You may on some occasion be requested by that committee to give a satisfactory explanation of matters arising in your practice which have come to the notice of the committee.

If either of these committees is of the opinion that serious misconduct may have occurred it will refer the solicitor on to the Solicitors Disciplinary Tribunal. The Tribunal is an independent statutory tribunal appointed by the President of the High Court to consider complaints of misconduct against solicitors.

Clients may also complain directly to the Disciplinary Tribunal.

If you find yourself in any of these situations you may contact one of the solicitors on the panel who will then give the assistance required to ensure that the Society is sent an appropriate response. Problems are more easily resolved if they are given proper attention by the solicitor.

Contact person at the Law Society: Therese Clarke. Tel. 01 8681220.

DSBA Helpline – Tel. 01 284 8484

If at any time you have a professional or ethical problem, or a personal problem, such as depression, or you suffer from alcohol or drug dependency and this is affecting your ability to practise, help is available on the Dublin Solicitors Bar Association Helpline. The DSBA Helpline was set up some years ago by solicitors who believed that confidential assistance which would be in a setting which was completely independent of the Law Society should be available to other solicitors

This scheme is fully supported by the Law Society.

The scheme can be availed of by a solicitor in any part of the country.

The helpline is open 24 hours a day and is manned by two consultants, one in Dublin and one outside Dublin. Callers simply phone the helpline number and are given the consultants’ numbers. They can then ring one of the consultants in complete confidentiality and anonymity.

Put the helpline phone number where it can easily be seen in your office. If you do not need it yourself you may be glad to pass it on to a colleague who might phone you in distress.

Cork Solicitors’ Helpline

The Cork Solicitors’ Helpline aims to provide support for solicitors who, for whatever reason, are finding it difficult to cope. All matters are treated sensitively and with the utmost confidentiality. For helpline members, contact Colette Curtin, SLA Law Library 10.00am to 4.00pm Mon - Fri. Tel/Fax: 021 4275341. Email: [email protected]

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APPENDIX 1

COMMENCEMENT IN PRACTICE

Name of solicitor: Practice name: Practice address: Telephone no: Fax no: Mobile no: Email address: Partners/Assistants in practice:

Previous practice address (if applicable):

Date of departure:

Status in previous practice:

Sole Practitioner

Partner

Assistant

Consultant Please state the exact date of commencement in practice:

Please state the financial year adopted by you:

Do you hold a current practising certificate?

Yes

No If no, please give appropriate details:
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Please give details of professional indemnity insurance cover:

Amount:

Insurer:

I enclose a copy of confirmation from my insurers

[Please tick [] if appropriate]

Reporting accountant’s name:

Reporting accountant’s practice name:

Reporting accountant’s address:

Reporting accountant’s telephone no:

Reporting accountant’s professional qualification:

Is your proposed accountant engaged in public practice? Yes

No

Has he/she previously reported to the Society on a solicitors practice? Yes

No

If no, please enclose details of:

(a) Accountant’s professional qualifications

(b) Copy of accountant’s professional indemnity insurance cover (c) Copy of accountant’s current practising certificate

Any queries which you would like the Society to deal with relating to your practice:

If you are in a position to supply same, please attach sample of your professional notepaper.

I confirm that the above details are correct and that I am familiar with the requirements of the Solicitors Accounts Regulations.

SIGNED: DATE:

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PLEASE RETURN TO: Ms Nicola Darby

Regulation Department The Law Society

Blackhall Place Dublin 7

Tel: (01) 6724800

Fax: (01) 6724895

FOR OFFICE USE ONLY: DEALT WITH BY:

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APPENDIX 2

THE LAW SOCIETY OF IRELAND

CONFIRMATION OF MINIMUM

LEVEL OF COVER

Practice Name and Address:

Insured Solicitor(s):

Period of Insurance:

Self Insured Excess: each and every claim

Name of Underwriter or Lloyd’s syndicate (in the case of the Lloyd syndicates

the number of the syndicate providing the cover should be noted, together with

the percentage of cover provided by each syndicate):

We confirm that for the period of insurance specified above the minimum level

of cover (i.e. 2.5 million each and every claim) is in place and that the cover

provided is in compliance with the requirements of the Professional Indemnity

Insurance Regulations (S.I. No.312 of 1995, S.I. No.209 of 1998, S.I. No.362 of

1999, S.I. No.504 of 2001, S.I. No.115 of 2004 and S.I. No.122 of 2005) in respect

of the conduct of business on behalf of the Insured Practice by the above named

Solicitor(s).

Signed by:

For and on behalf of:

*Please note that the confirmation of cover should either be printed on your

professional notepaper or contain your company stamp.

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P U B L I C AT I O N S L E A F L E T / M A I L O R D E R F O R M - R O I

CONVEYANCING DOCUMENTATION – 50 copies per pack Price P&PQuantity Amount(Prices include Vat @ 21%)

Conditions of Sale (P&P for 1 or 2 packs is €10.50) €31.28 €10.50 Requisitions on Title (per pack) €61.52 €10.50 Building Agreement (P&P for 1- 5 packs is €10.50) €23.20 €10.50 Pre-Contract Check Lists (25 Purchase & 25 Sale) €32.28 €10.50 (P&P for 1- 4 packs is €10.50)

CLIENT CARE LEAFLETS (Prices include VAT @ 13.5%) Price P&PQuantity Amount

Personal Assets Record: Easy Way to Record Vital Documents €7.38 €3.00 (50 per pack)

Information in Relation to Legal Charges (100 per pack) €21.57 €8.50 (P&P for 1- 5 packs is €8.50)

Divorce in Ireland (50 per pack) €19.30 €3.50 Administering an Estate (50 per pack) €15.89 €5.50 Moving Home – A Legal Guide (50 per pack) €14.76 €5.50 Making a Will Booklet (50 per pack) €24.97 €5.50 Swearing a Document (100 per pack) €15.00 €5.50

ON CD ROM/DISKETTE(Prices include VAT@21%) Price P&PQuantity Amount

Precedent Family Law Declarations €7.50 €1.50 Section 68 Solicitors (Amendment) Act 1994, Precedent Letters €7.50 €1.50

Conveyancing Handbook 3rd Edition €40.00 €1.50

PUBLICATIONS PriceP&PQuantity Amount

Law Directory (Price includes VAT @ 13.5%) €64.69 €10.50 Gazette Binder (P&P for order of 5-10 is €7.00 / P&P for 1 order €10.00 €2.00 is €2.00 (Price includes VAT @ 21%)

Solicitors Acts 1954-1994, A Compendium €19.00 €5.50 Solicitors Accounts Regulations, S.I. No. 421 of 2001 €10.16 Free Guide to Employment Law by Law Society of Ireland (2004) €1.25 €1.50 Get Integrated 2004 - A Guide to Computer Suppliers to the Free €4.00 Legal Profession

A Guide to Professional Conduct of Solicitors in Ireland, Second

Edition (2002) €12.50 €3.00

Guide to Irish Planning Legislation by Kevin I. Nowlan (1999) €95.00 €6.00 Arbitration in Ireland Handbook (1998) €16.00 €1.50 The Limitation of Actions (1994) €41.00 €8.50 New Lease of Life - History of Blackhall Place (1990) €13.00 €5.50 Essays in Memory of Alexis Fitzgerald (1987) €10.00 €10.50 Legal Profession in Ireland 1789-1922, D. Hogan (1986) €10.00 €5.50 Marketing Handbook for Solicitors €12.70 €10.50

ECHR Act 2003 €10.00 €2.00

METHOD OF PAYMENT: All orders must be paid for in advance by cheque or credit card. Please ensure your account with the Law Society is up-to-date before placing any orders.

Please Charge my: Visa Mastercard Credit Card Number

Expiry date: Signature:

Name: Firm:

Address: Telephone:

Please complete and return this form with relevant payment to:

Esther McCormack, Law Society of Ireland, Blackhall Place, Dublin 7 DX79.

Fax No. 01-672 4818

(FOR CREDIT CARD PAYMENTS ONLY) Prices are subject to change. March-07

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PUBLICATIONS AVAILABLE FREE OF CHARGE

The following free publications may be obtained by contacting the Law Society Tel: 01 6728800 or E.mail [email protected]

1. Law Society of Ireland 2007 Tax Guide 2. Medico/Legal Recommendations

3. Quality Service Statement 4. Complaints about Solicitors?

5. Independent Adjudicator of the Law Society

6. Partnership 7. Setting up in Private Practice

8. Solicitors Ceasing Practice and solicitors purchasing practices from them 9. Resolving complaints? The role of the Law Society

10. The use of Legal and other Agents by Solicitors 11. Solicitors in the Corporate & Public Services Sectors 12. Arbitration Leaflets

13. Taxation of Costs

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APPENDIX 4

LAW SOCIETY LIBRARY

LEGAL RESEARCH ON THE WEB

- SELECTED WEBSITES

IRELAND

Oireachtas and Irish Government web sites

Legislative information – Bills, Explan Memos and Acts passed since 1997

Irish Statute Book 1922-2005 (Acts to 31/12/2005; SIs to SI 350/2005) Parliamentary Debates – Dail, Seanad and Select Committees

Government Departments

Dept. of the Taoiseach (click on ‘Enacted Government Legislation’

and see link to ‘Government’s Legislative Programme’) www.oireachtas.ie www.gov.ie

Basis (Business information: access to State information and services) www.basis.ie

Citizens Information www.citizensinformation.ie

Companies Registration Office www.cro.ie

Company Law Review Group

(CLRG reports, general scheme of the new Companies Bill) www.clrg.org

Competition Authority www.tca.ie

Courts Service includingLegal Diary andJudgments

(containing written judgments of the Supreme

Court since 2001 and written judgments of the Court of

Criminal Appeal since 2004) www.courts.ie

Data Protection Commissioner www.dataprivacy.ie

Equality Authority www.equality.ie

Equality Tribunal (includes database of decisions 1996 to date) www.equalitytribunal.ie

Health & Safety Authority www.hsa.org

Human Rights Commission www.ihrc.ie

Iris Oifigiúil (issues since January 2002) www.irisoifigiuil.ie

Labour Court (includes database of Labour Court recommendations,

determinations, decisions and orders since 1990) www.labourcourt.ie

Land Registry andRegistry of Deeds www.landregistry.ie

Law Reform Commission

(includes all LRC Reports and Consultation Papers) www.lawreform.ie

Office of the Attorney General

(includes text of restatements of the law prepared to date) www.attorneygeneral.ie

Office of the Director of Consumer Affairs www.odca.ie

Office of the Director of Corporate Enforcement www.odce.ie

Office of the Information Commissioner www.oic.gov.ie

Office of the Ombudsman www.ombudsman.gov.ie

Revenue Commissioners www.revenue.ie

BAILII (British and Irish Legal Information Institute)

Case law and legislation from Ireland and the UK and world wide links) www.bailii.org

IRLII (Irish Legal Information Initiative) (Site maintained by the Law Faculty, UCC,

to complement its contribution to BAILII) www.irlii.org

Irish Law Sites

Irish Law Site (hosted by the Law Faculty, UCC) www.irishlaw.org

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UNITED KINGDOM

UK Statute Law Database (official revised version of UK statutes) www.statutelaw.gov.uk

UK Office of Public Sector Information

with links to the following legislation:

UK Acts (since January 1988) www.opsi.gov.uk

UK SIs (since January 1987)

UK Bills and Explan Memos (for current parliamentary session)

Northern Ireland Statutes 1921-2003(updated)

Northern Ireland Orders in Council (since 1987)

Acts of the Northern Ireland Assembly (2000-2002)

Northern Ireland Statutory Rules (since 1991)

Acts of the Scottish Parliament (since 1999) Scottish SIs (since 1999)

SIs made by the National Assembly of Wales (since 1999)

Bills before Parliament – full text and progress through Parliament www.parliament.uk/business/bills_and_legislation.cfm

British Government

(with A-Z links to all UK government organisations) www.direct.gov.uk

Casetrack – subscription service

(Court of Appeal judgments since April 1996,

High Court judgments since July 1998 and EAT Cases since 1998) www.casetrack.com

Court Service (including selected Court of Appeal and

High Court judgments since 1996) www.courtservice.gov.uk

Department for Constitutional Affairs www.dca.gov.uk

Employment Appeal Tribunal (all judgments) www.employmentappeals.gov.uk

House of Lords

(all judgments, within two hours of their delivery, since 14/11/1996) www.parliament.uk

Incorporated Council for Law Reporting for England & Wales

(including Daily Law Notes – summaries of cases being

considered for reporting in the WLR and LR) www.lawreports.co.uk

Law Commission for England and Wales www.lawcom.gov

Scottish Courts Web Site

(Session and Sheriff Court cases since Sept 1998) www.scotcourts.gov.uk

EUROPE

European Union Portal site of the EU

European Communities documents (EUR-LEX) including all treaties,

regulations, directives and decisions, legislation in preparation and case law of the ECJ and ECFI. Official Journals (pdf) since 1998

Court of Justice of the European Communities

Full text of judgments, opinions and orders of the European Court of Justice and the European Court of First Instance delivered

since 17/6/1997 europa.eu

eur-lex.europa.eu curia.europa.eu

University of Mannheim European Documentation Centre

Very useful links to EU web sites www.uni-mannheim.de/edz/eedz.html

European Court of Human Rights

Decisions of European Court and Commission of Human Rights www.echr.coe.int

Hague Conference on Private International Law

Full text of conventions and details of ratification by member states www.hcch.net/index_en.php

AUSTRALIA

AustLII (Australasian Legal Information Institute) Commonwealth and State legislation and case law, Australian Law Reform Commission Reports,

Court of Appeal of New Zealand Decisions since 1999, Supreme Court of New Zealand Decisions since 2004,

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CANADA

CanLII (Canadian Legal Information Institute)

Canadian legislation and case law www.canlii.org

Canadian Supreme Court – Judgments since 1983 www.lexum.umontreal.ca/csc-scc/en/index.html

American Law Sources On-line (ALSO)

(links to freely accessible on-line sources of law for the US and Canada) www.lawsource.com/also

UNITED STATES

Findlaw (US Federal and State laws)

Hieros Gamos (links to sources) www.findlaw.com

www.hg.org

Cornell University Legal Information Institute www.law.cornell.edu

American Law Sources On-line (ALSO)

(links to freely accessible on-line sources of law for the US and Canada) www.lawsource.com/also

US Code uscode.house.gov

Guide to Law Online (Library of Congress) www.loc.gov/law/guide

Library of Congress – Thomas links

(Links to legislative information, progress of Bills, etc) thomas.loc.gov

US Government firstgov.gov

LAW JOURNALS

Law Society Gazette (full text archive since 1997) www.lawsociety.ie

Cork Online Law Review (since 2002) colr.ucc.ie

Lawlinks (links to online journals in ‘Legal Publishing’ section) library.ukc.ac.uk/library/lawlinks

Law Journals on the world wide web

(hosted by Law Faculty of University of Cambridge) www.law.cam.ac.uk/resources_jour.php

American Law Sources On-line (ALSO)

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