S.I. No. 30/1961:

SOLICITORS (DISCIPLINARY COMMITTEE) RULES 1961.

SOLICITORS (DISCIPLINARY COMMITTEE) RULES 1961.

1. By virtue and in pursuance of section 16 of the Solicitors (Amendment) Act 1960 the Disciplinary Committee with the concurrence of the President of the High Court hereby make the annexed rules.

2. These rules shall come into operation on the 10th day of February 1961 and may be cited as the Solicitors (Disciplinary Committee) Rules 1961.

Dated this 10th day of February 1961.

The members of the Disciplinary Committee.

I concur in the making of the annexed rules.

CAHIR DAVITT.

President of the High Court.

PART I. PRELIMINARY.

1.--(1.) In these rules the expression--" the Society " means the Incorporated Law Society of Ireland ; the expression " the chairman" means the person in the chair at any meeting of the Committee ; the expression " the clerk " means such person as may be appointed by the Committee from time to time to act as clerk to the committee ; the expression " the Committee " means the Disciplinary Committee; the expression " the Council " means the Council for the time being of the Society ; the expression " the registrar " means the registrar of solicitors ; the expression " the secretary " means the secretary for the time being of the Society ; the expression " the 1954 Act " means the Solicitors Act 1954 ; the expression " the 1960 Act " means the Solicitors (Amendment) Act, 1960 ; the expression " the Acts " means the Solicitors Acts, 1954 and 1960.

(2) The Interpretation Act, 1937 shall apply for the purpose of the interpretation of these rules as it applies for the purpose of the interpretation of an Act of the Oireachtas except in so far as it may be inconsistent with the Acts or these rules.

2. The Committee shall from time to time appoint a clerk to the Committee and may, if they think fit, remove him.

PART II. --APPLICATION FOR AN INQUIRY INTO THE CONDUCT OF A SOLICITOR.

3. An application to the Committee for an inquiry under section 7 of the 1960 Act shall be in writing, signed by the applicant, in form No. DC 1 in the schedule and shall be sent to the clerk together with an affidavit by the applicant entitled as in form No. DC 3 in the schedule stating the matters on which he relies in support of the application. The applicant shall send with his application and affidavit all such documents or copies thereof as he may rely on in support of his application. Where the application is made by or on behalf of the Society the affidavit shall be made under and in accordance with Rule 32 and the matters relied on as constituting misconduct may be shown by correspondence or unsworn statements or information received by the Society exhibited or set forth in such affidavit.

4. If, upon considering the application and the affidavit by the applicant and any documents sent therewith, the Committee shall be of opinion that there is no prima facie case for inquiry the Committee shall so inform the applicant in writing and shall take no further action in relation to the application.

5. If, upon such consideration, the Committee shall be of opinion that a prima facie case for inquiry has been shown the Committee shall hold an inquiry.

6. The Committee shall fix a date for such inquiry and the clerk shall send to the applicant and to the solicitor not less than fourteen days' notice of the date fixed therefor. The clerk shall also send to the solicitor copies of the application and of the affidavit by the applicant and a list, or, if the Committee shall so direct, copies of any documents lodged by the applicant. The solicitor may within ten days send to the clerk an affidavit in answer to the application together with all such documents (or copies thereof) as the solicitor may rely upon in support of his affidavit. The clerk shall send to the applicant a copy of any affidavit filed by the solicitor together with a list of any documents lodged by him. The notice to the applicant under this rule shall be in form DC 5 and the notice to the solicitor shall be in form DC 6.

7. Every such inquiry as is mentioned in the preceding rules shall in the first instance proceed upon the application and the affidavit filed by the applicant in support thereof and any documents lodged by him and any affidavit which may have been filed and any documents lodged by the solicitor respectively, but at any such inquiry the Committee may receive further documentary or oral evidence tendered by either party on such terms as they shall think fit, and may consider any matters referred to in such evidence and any such inquiry may be adjourned from time to time by the Committee for the purpose of hearing further evidence or otherwise in the discretion of the Committee.

8.--(1) A report from the Committee to the High Court as to the result of an inquiry shall be in form DC 14. Such report shall be signed on behalf of the Committee by the chairman or by any two members of the Committee who conducted the inquiry and shall be sent by the clerk to the High Court.

(2) If the Committee find in their report that misconduct has not been proved against the solicitor the clerk shall so inform the parties and shall state that the Society will not bring the report before the High Court.

(3) If the Committee find in their report that there has been misconduct on the part of the solicitor in respect of any matter complained of in the application or that he has not answered satisfactorily the allegations against him the Society shall cause a copy of such report to be lodged in the High Court and shall bring the matter before the High Court on notice to the applicant and to the solicitor. A copy of a report of the Committee shall be sent by the clerk to each party to the application.

PART III--APPLICATION AT THE INSTANCE OF A SOLICITOR FOR THE REMOVAL OF HIS NAME FROM THE ROLL.

9. An application by a solicitor to have his name removed from the roll shall be made on notice to the registrar in the form DC 2 accompanied by an affidavit in form DC 4.

10. The applicant shall lodge the notice and affidavit with the clerk and shall send a copy of each to the registrar. The registrar or any other person interested may object to the granting of the application by giving notice in writing in form DC 10 to the applicant and filing it with the clerk.

11. The committee may grant the application without requiring the attendance of the applicant. In any other case the Committee shall fix a day for an inquiry and the clerk shall give ten days' notice of such date to the applicant and to the registrar in form DC 9. The Committee may if they think fit require the applicant to give notice by advertisement or otherwise as they may direct that he has made such application and of the day appointed for the inquiry.

12. If any person wishes to object to the application he shall give notice in writing in form DC 10 to the applicant and registrar and shall file it with the clerk at least seven days before the date fixed for the inquiry or any adjournment thereof.

13. On the day fixed for the inquiry the Committee shall consider the application and any notices which may have been filed under rules 10 or 12. If, after hearing the application and any objector appearing in person or by solicitor or counsel, the Committee are of opinion that the application should be further inquired into they shall either proceed to hear any evidence which may be tendered by the applicant or by any objector, or shall adjourn the inquiry and give such directions relating to such adjourned inquiry as they shall think fit.

14.--(1) If the Committee are of opinion that the application should be granted they may order that the name of the solicitor be removed from the roll.

(2) If after considering the application the Committee are of the opinion that the application should not be granted they shall make a report to the High Court in form DC 15. Such report shall be signed on behalf of the Committee by the chairman or any two members of the Committee who conducted the inquiry. The Society shall bring the report before the High Court by lodging a copy in the office of the High Court and serving a copy on the solicitor with notice of the hearing of the application to confirm the report.

(3) An order of the Committee under rules 11 or 14 (1) shall be in form DC 16 and shall be signed by the chairman or by any two members at the meeting of the Committee or at the inquiry at which the order was made.

PART IV--GENERAL.

15. The clerk shall send to each party to proceedings before the Committee under these rules a list of documents lodged with the Committee by any other party to the proceedings and any party may at any time inspect the documents on such list and shall be entitled on request and on reasonable notice to the clerk to receive copies of all or any of such documents at his own expense.

16. Where any document is required or authorised by or under these rules to be served on any person the provisions of section 30 of the Solicitors (Amendment) Act 1960 shall apply in relation to the service of that document viz ;

(a) it may be served--

(i) by delivering it to that person, or

(ii) by sending it by registered post in an envelope addressed to that person at his last known place of business or residence in the State or, if he is a solicitor, at the last address appearing in the register of practising solicitors,

(b) where that person is absent from the State or his whereabouts is unknown and cannot be ascertained by reasonable inquiries, or where the notice or document, having been sent by registered post in the manner specified in subparagraph (ii) of paragraph (a) hereof has been returned undelivered, the High Court may make such order for substituted or other service, or for the substitution for service of notice, by advertisement or otherwise, as may seem just.

17.--(1) Subject to these rules, the evidence of witnesses at any inquiry shall be given on oath or by affirmation and witnesses shall be sworn or their affirmations shall be taken by the chairman.

(2) In proceedings before the Committee any judgment or conviction by any Court, or any finding as to fact by any Court, judge or jury, or any process, summons, affidavit or other document on the file of the Court forming the basis of the judgment in any civil proceedings against a solicitor may be received as evidence of matters stated therein or appearing therefrom.

18. Subject to any express provision in these rules the Committee may regulate the procedure at any inquiry and in particular may determine in what order the parties or their respective solicitors or counsel shall be heard.

19. Where evidence is tendered by affidavit the committee on the application of either party may order the attendance for cross-examination of the person making such affidavit.

20.--(1) Any party to an application to the Committee may apply to the clerk for a summons to a witness under section 15 (1) of the 1960 Act by notice in writing stating the name, address and occupation of the witness to be summoned. The clerk shall thereupon obtain the necessary summons, signed by a member of the Committee and deliver or send it to the party requiring it for service. Service of such a summons shall be invalid if not made within twelve weeks from its date. A witness summons may be ad testificandum or duces tecum in form DC 7 or DC 8.

(2) An application to the Committee under the Bankers' Books Evidence Acts 1879 and 1959 shall be made ex parte supported by an affidavit by the applicant stating the grounds of the application.

21. The Committee may extend the time for the furnishing of any notice, affidavit or document under these rules or for doing anything thereunder and may receive any application or document notwithstanding any irregularity in its form where it appears to the Committee to be just to do so.

22. If it shall appear to the Committee that any affidavit or document filed or served under these rules is defective or insufficient the Committee may permit such affidavit or document to be amended or supplemented on such terms as to adjournment or otherwise as the Committee shall think fit, or may require the filing of a further affidavit or the service of a further document, provided that if such amendment or addition shall be such as to take any party by surprise or prejudice the conduct of the case the Committee shall grant an adjournment of the inquiry upon such terms as the Committee shall think fit.

23. The forms in the schedule to these rules shall be used in all cases as far as practicable but a deviation from such forms shall not, by reason only of such deviation, make any application, notice, affidavit or other document, or proceedings, invalid.

24. At any inquiry any party may appear in person or by solicitor or by solicitor and counsel. At the request of an applicant appearing in person the Committee may if they think fit appoint a solicitor or solicitor and counsel to represent the applicant.

25. If any party does not appear at an inquiry the Committee may, upon proof of service on such party of the notice, proceed with the inquiry in his absence.

26. A record of the evidence at an inquiry before the Committee may be taken by a person appointed by the Committee either by shorthand or by mechanical sound recording and any party to the proceedings before the Committee shall be entitled to a transcript on payment of the charges therefor. If no such record be taken the chairman shall take a note of the evidence and the provisions of this rule as to the furnishing of copies thereof shall apply to such note.

27.--(1) The Committee may at any stage in proceedings against a solicitor direct service of notice of the proceedings in form DC 17 on the registrar to enable the Society, if they shall think fit, either to lodge a further application against the solicitor or to undertake on behalf of the original applicant the prosecution of the application and may adjourn the proceedings on such terms as the Committee shall think fit.

(2) If the Society shall decide either to lodge a further application or to undertake the prosecution of the original application they shall serve upon the clerk and the parties to the proceedings a notice of their intention so to do in form DC 18.

28. An application to the Committee shall not be withdrawn except by leave of the Committee and on such terms as the Committee shall direct.

29.--(1) Any party may by notice in writing in forms Nos. DC. 11 or DC. 12 at any time not later than nine days before the date fixed for an inquiry or any adjournment thereof call upon any other party to admit any document or fact saving all just exceptions, and if such other party wishes to challenge the said document or fact he shall within six days after service of such notice give notice in form DC 13 that he does not admit the same and the he requires proof thereof at the inquiry or adjournment thereof.

(2) If such other party does not give notice of non-admission within the time prescribed in the last proceding paragraph he shall be deemed to have admitted the document or fact unless the Committee shall otherwise direct.

30. All notices and affidavits shall be filed with and kept by the clerk. The Committee may direct that any books, papers or exhibits produced or used at an inquiry shall be retained by the clerk until the termination of the proceedings.

31. The Committee shall hold their meetings in the Solicitors' Buildings, Four Courts, Dublin or at such other place as they may appoint and at such times as they may fix and may adjourn the consideration of any case from time to time and from place to place. The meetings of the Committee shall be open only to such persons in addition to the parties summoned to attend and any necessary witnesses as the Committee may permit. The secretary shall attend meetings of the Committee unless the Committee shall otherwise direct.

32. The Society or the secretary shall be entitled to make an application to the Committee in accordance with these rules notwithstanding that any other person may be entitled to make such an application. Where an application is made by the Society the secretary, or such other person as the Council may appoint to act for the Society, may sign any document, make any affidavit and do on behalf of the Society all acts and things which may be necessary for the purpose of such application. The Society may be represented at the inquiry either by the secretary or by solicitor or by solicitor and counsel.

33. A copy of every order for the striking off or removal of a name on the roll shall be lodged by the clerk with the registrar who shall make any necessary entry on or alteration in the roll.

SCHEDULE OF FORMS.

FORM DC 1.

FORM OF APPLICATION AGAINST A SOLICITOR.

The Disciplinary Committee.

In the matter of C.D. a solicitor,

and

In the matter of the Solicitors Acts 1954 and 1960.

I, the undersigned AB hereby apply to the Committee for an inquiry into the conduct of CD a solicitor of ..............................I make this application pursuant to section 7 of the 1960 Act on the ground that there has been misconduct on the part of the said CD in respect of the matter disclosed in the accompanying affidavit and the documents therein mentioned.

Dated this   day of    19 .

............................................................ .....Signature.

............................................................ ....Address.

............................................................ ....Profession, business or occupation.

To : The clerk to the Committee and to CD solicitor.

FORM DC 2.

FORM OF APPLICATION BY A SOLICITOR.

(Title as in form DC 1)

I, the undersigned C.D., solicitor hereby apply to the Committee that my name be removed from the roll of solicitors.

I make this application for the following reasons. (Here set out the reasons for the application).

In witness whereof I have hereunto set my hand this   day of 19 .

.............................................Signature.

.............................................Address and place or places of business.

To : The clerk to the Committee and the registrar of solicitors.

FORM DC 3.

FORM OF AFFIDAVIT BY APPLICANT.

(Title as in form DC 1.)

I, A,B, of..............................make oath and say as follows:

1. C.D., of solicitor, of the Courts of Justice has been retained by in a professional capacity. (or as the case may be).

2. (State matters alleged).

Sworn etc.

FORM DC 4.

FORM OF AFFIDAVIT BY APPLICANT BEING A SOLICITOR.

(Title as in form DC 1)

I, C.D.,          of make oath and say as follows :--

1. I was admitted a solicitor of the Courts of Justice in Sittings 19  and practised as such at (state place and duration)

2. The reasons set out in my application that my name may be removed from the roll of solicitors are true.

3. Nothing in sub-section (1) of section 49 or section 50 of the 1954 Act as amended by section 26 of the 1960 Act, would apply to me if I were applying for a practising certificate at the date of this affidavit.

4.--(1) I am not aware of, and do not know of any cause for, any application to the Court or to the Committee against me under the abovementioned Act. I do not make this application for the purpose of evading any adverse application or of defeating or delaying any claim upon me as a solicitor.

(2) All clients' moneys and trust moneys for which I am now accountable have been dealt with in accordance with the Solicitors' Accounts Regulations now in force.

Sworn etc.

FORM DC 5.

FORM OF NOTICE BY CLERK TO APPLICANT OF HOLDING OF INQUIRY

(Title as in Form DC 1).

To A.B, of  

Your application for an inquiry into the conduct of C.D. a solicitor has been considered by the Committee.

The Committee have determined to hold an inquiry, and    day   the   day of    19  has been fixed as the date of such inquiry.

The Committee will sit at        

at  o'clock in the   noon, and you may appear in person or be represented by counsel or solicitor. Although you may be professionally represented you should attend personally to give oral evidence if necessary.

A copy of an affidavit of the said C.D., filed in reply to your affidavit with a list of any documents lodged by him is enclosed herewith. Either party may inspect at this office the documents lodged by the other.

If you require copies of any of the documents so lodged by the said C.D, they will be furnished to you on request at your own expense. If you fail to appear or to be represented the Committee may in accordance with the rules made under the above Act proceed with the inquiry in your absence.

You are requested to acknowledge the receipt of this notice without delay.

Dated this   day of    19 .

(Signed)

Clerk to the Committee, Solicitors' Buildings,

Four Courts Dublin.

FORM DC 6.

FORM OF NOTICE BY CLERK TO SOLICITOR OF HOLDING OF INQUIRY

(Title as in form DC 1)

To

C.D. of                              Solicitor.

An application has been made to the Committee by A.B, of      under section 7 of the 1960 Act for an inquiry into your conduct on the ground that there has been misconduct on your part in respect of the matters disclosed by the affidavit and documents accompanying the application.

Copies of the application and of the affidavit filed in support thereof and a list of the documents lodged by the applicant are sent herewith.

The Committee are of opinion that a prima facie case for inquiry has been shown and have determined to hold an inquiry and    day, the     day of  19 , has been fixed as the date of such inquiry.

The Committee will sit at    

at o'clock in the    noon, and you may appear in person or be represented by counsel or solicitor.

You may within ten days from the date hereof, if you so desire, send to the clerk of the Committee an affidavit in answer to the application together with such documents, or copies thereof, as you may rely upon in support of your affidavit.

Either party may inspect in my office the documents lodged by the other.

If you require copies of any of the documents lodged by the said A.B, they will be furnished to you on request at your own expense.

If you fail to appear or be represented, the Committee may, in accordance with the rules made under the said Act, proceed with the inquiry in your absence.

You are requested to acknowledge receipt of this notice without delay.

Dated this    day of    19 .

(Signed)

Clerk to the Committee, Solicitors' Buildings,

Four Courts, Dublin

FORM DC 7.

FORM OF WITNESS SUMMONS AD TESTIFICANDUM

(Title as in form DC 1).

To                  of 

TAKE NOTICE that you are hereby required pursuant to section 15 of the 1960 Act to attend before the Disciplinary Committee on the    day of     19 at the hour of    o'clock in the noon, at     and so from day to day until the inquiry has been determined, to give evidence on behalf of 

Signed on behalf of the Disciplinary Committee, this    day of 19 .

Signed

Member of the Committee

FORM DC 8.

FORM OF WITNESS SUMMONS DUCES TECUM.

(Title as in form DC 1)

To                   of 

TAKE NOTICE that you are hereby required pursuant to section 15 of the 1960 Act, to attend before the Disciplinary Committee on the    day of    19 , at the hour of     o'clock in the noon at     and so from day to day until the inquiry has been determined, to give evidence on behalf of        and also to bring with you and produce at the time and place aforesaid (specify documents).

Signed on behalf of the Disciplinary Committee this    day of 19 .

Signed

Member of the Committee.

FORM DC 9.

FORM OF NOTICE OF INQUIRY BY THE COMMITTEE ON AN APPLICATION BY A SOLICITOR FOR REMOVAL OF HIS OWN NAME FROM THE ROLL.

(Title as in form DC 1)

The    day of      19 , is the day fixed for the inquiry by the Committee on the application of C.D, in the title hereof named to have his own name removed from the roll.

The Committee will sit at       

at o'clock in the     noon, and you may appear in person or be represented by counsel or solicitor.

You are requested to acknowledge receipt of this notice without delay.

Dated this     day of     19 .

(Signed)

Clerk to the Committee, Solicitor's Buildings,

Four Courts, Dublin.

To C.D. Solicitor.

To registrar of solicitors.

FORM DC 10.

FORM OF OBJECTION TO THE REMOVAL OF A SOLICITOR'S NAME FROM THE ROLL AT HIS OWN REQUEST.

(Title as in form DC 1)

TAKE NOTICE that I, A.B., of          hereby object to the granting of the application of C.D., to the Committee for the removal of his name from the roll and that the grounds for my objection are as flollows:

Dated this     day of      19 .

............................................................ ....................Signature

............................................................ ....................Address.

............................................................ ..................Business or occupation.

To C.D. Solicitor.

To the registrar of Solicitors.

To the clerk to the Committee.

FORM DC 11.

FORM OF NOTICE TO ADMIT DOCUMENTS.

(Title as in form DC 1).

TAKE NOTICE that the (applicant or solicitor or the registrar or as the case may be) in this matter proposes to produce in evidence the several documents hereunder specified and that the same may be inspected at          on          between the hours of 11 a.m. and 4 p.m. and that           is hereby required within six days after the service of this notice to admit that such of the said documents as are specified as originals were respectively written, signed and executed as they purport to have been, that such as are specified as copies are true copies and that such documents as are stated to have been served, sent, or delivered, were so served, sent, or delivered respectively, saving all just exceptions to the admissibility of all such documents as evidence at the inquiry.

Dated

Signed

To :

SCHEDULE.

FORM DC 12.

FORM OF NOTICE TO ADMIT FACTS.

(Title as in form DC 1).

TAKE NOTICE that the (applicant or solicitor or the registrar or as the case may be) in this matter requires         to admit, for the purposes of this matter only, the several facts respectively hereunder specified, and that             is hereby required within six days from the service of this notice to admit the said several facts saving all just exceptions to the admissibility of such facts as evidence at this inquiry.

Dated

Signed

To :

The facts the admission of which is required are :

FORM DC 13.

FORM OF NOTICE OF NON-ADMISSION OF DOCUMENTS OR FACTS.

(Title as in form DC 1).

TAKE NOTICE that the undermentioned documents or facts specified in the notice to admit in this matter dated          are not admitted, and that proof thereof will be required at the hearing of the application by the Committee.

Dated

Signed

SCHEDULE.

Facts not admitted                     Documents not admitted.

To :

FORM DC 14.

FORM OF REPORT OF COMMITTEE TO THE HIGH COURT UNDER SECTION 7(3) OF THE 1960 ACT.

(Title as in form DC 1)

1. An application dated      for an inquiry into the conduct of the solicitor in the title hereof named was received by the Committee on     19  .

2. The application was considered by the Committee on the     day of   19  . The Committee were of opinion that a prima facie case for inquiry had been shown.

3. The Committee held an inquiry pursuant to section of 7 the 1960 Act at      on  19  .

The following members of the Committee conducted the inquiry

Chairman and

4. The parties to the proceedings were      of     applicant(s) and     of     solicitor-respondent :

5. The appearances at the inquiry were as follows.

6. The following is a summary of the matters alleged in the affidavit(s) and documents lodged in support of the application.

The following further matters not appearing in the affidavit(s) and documents lodged by the applicant were disclosed at the inquiry. The Committee investigated them after allowing an adjournment to enable the solicitor-respondent to consider them/or being satisfied that the solicitor-respondent was not prejudiced by investigating them forthwith. (set out particulars).

7. The said C.D. was admitted in      Sittings 19      and last practised at     His last practising certificate was in force at the date of the inquiry/or expired on 5th January, 19  .

8. The oral and documentary evidence received by the committee at the inquiry is listed in the schedule to this report.

9. The findings of the committee on the evidence received at the inquiry are as follows.

(set out in sub-paragraphs)

10. In the opinion of the committee there has been misconduct on the part of the solicitor-respondent in repect of the following matter(s) complained of in the application : (set forth particulars of misconduct) or there has not been any misconduct on the part of the solicitor respondent/the solicitor-respondent has not answered satisfactorily the allegations against him or the solicitor-respondent has answered satisfactorily the allegations against him.

11. (Any other matters pursuant to section 7(3)(b) of the 1960 Act).

SCHEDULE.

Witnesses.

Documents.

Date.

Solicitors' Buildings,

Four Courts,

Dublin.

Signed on behalf of the Committee.

Chairman etc.

FORM DC 15.

FORM OF REPORT OF COMMITTEE UNDER SECTION 9(2)(b) OF THE 1960 ACT

(Title as in form DC 1)

1. An application was received by the committee from CD of    solicitor for the removal of his own name from the roll.

2. The committee being of opinion that the application should not be granted without making a report to the High Court held an inquiry at       The inquiry was conducted by the following members of the committee who heard evidence on      19  .

chairman and

3. The Committee required the applicant to give notice by advertisement of his application in the following newspapers (or as the case may be).

4. Objections to the granting of the application were received from the following persons (or as the case may be).

5. The appearances at the inquiry were as follows :--

6. The findings of the committee on the application are as follows (set out in sub-paragraphs).

7. The oral and documentary evidence received by the committee is listed in the schedule to this report.

SCHEDULE

Witnesses.

Documents.

Date.

Solicitors' Buildings,

Four Courts,

Dublin.

Signed on behalf of the Committee.

Chairman etc.

FORM DC 16.

FORM OF ORDER OF THE COMMITTEE UNDER SECTION 9(2)(a) OF THE 1960 ACT.

(Title as in form DC 1)

1. The Committee received an application dated       from CD of      in the title hereof named pursuant to section 9 of the abovementioned Act that his name be removed from the roll of solicitors with an affidavit of the said CD sworn on 

2.--(a) The said application and affidavit were considered at a meeting of the Committee held on      at which the following members of the Committee were present :

Chairman and

(b) The Committee considered the application and affidavit and decided to hold an inquiry. The inquiry was held on        19  and was considered by the following members of the Committee :--

Chairman and

(delete paragraphs (a) or (b) if inappropriate)

(c) The Committee did not require the attendance of the applicant.

(d) The appearances before the Committee were

(delete paragraphs (c) or (d) if inappropriate

3. The Committee being satisfied that the application should be granted without making a report to the High Court hereby order that the name of the applicant be removed from the roll of solicitors at his own request.

4. The oral and documentary evidence before the Committee are set forth in the schedule to this order.

SCHEDULE

Witnesses.

Documents.

Date.

Solicitors' Buildings,

Four Courts,

Dublin.

Signed on behalf of the Committee.

Chairman etc.

FORM DC 17.

FORM OF NOTICE TO THE REGISTRAR UNDER RULE 27.

(Title as in form DC 1).

TAKE NOTICE that the Committee have directed that notice of the proceedings in this matter between       applicant and the abovementioned solicitor shall be served upon the registrar and that the proceedings have been adjourned until        and that the Society are entitled to lodge a further application against the said solicitor or to undertake on behalf of the said,        the prosecution of the application. Copies of the said application and any affidavits or documents lodged by the parties are sent herewith to the registrar.

Dated this    day      of 19 .

(Signed)

Clerk to the Committee, Solicitors' Buildings,

Four Courts, Dublin.

To : the applicant.

CD solicitor.

the registrar of solicitors.

FORM DC 18.

FORM OF NOTICE FROM THE SOCIETY UNDER RULE 27.

(Title as in form DC 1)

TAKE NOTICE that the Society have determined to lodge a further application against the abovenamed solicitor or to undertake on behalf of the applicant the prosecution of the application in this matter (as the case may be)

Dated

(Signed)

To : the Clerk.

the applicant.

CD solicitor.