It is misconduct and a criminal offence for a solicitor (other than a solicitor in the full-time service of the state) to practise without a practising certificate. Any solicitor found to be practising without a practising certificate is liable to be referred to the Solicitors Disciplinary Tribunal.

When you must apply

A practising certificate must be applied for on or before 1 February in each year in order to be dated 1 January of that year and thereby operate as a qualification to practise from the commencement of the year. It is a legal requirement for a practising solicitor to deliver or cause to be delivered to the registrar of solicitors at the society’s premises at Blackhall Place, Dublin 7, on or before 1 February 2006, an application in the prescribed form duly completed and signed by the applicant solicitor personally. The onus is on each solicitor to ensure that his or her application form is delivered by Wednesday 1 February 2006, with the appropriate fee.

What happens if you apply late

Any applications for practising certificates that are received after 1 February 2006 will result in the practising certificates being dated the date of actual receipt by the registrar of solicitors, rather than 1 January 2006. There is no legal power to allow any period of grace under any circumstances whatsoever. Please note that, again during 2005, a number of solicitors went to the trouble and expense of making an application to the High Court for their practising certificate to be backdated to 1 January because their practising certificate application was received after 1 February.

The Regulation of Practice Committee (formerly the Compensation Fund Committee) is the committee of the Law Society that has responsibility for supervising compliance with practising certificate requirements. There will be a special meeting of this committee on 9 February 2006 to consider any late or unresolved applications for practising certificates. At this meeting, any practising solicitors who have not applied by then for a practising certificate will be considered for referral forthwith to the Solicitors Disciplinary Tribunal and will be informed that the society reserves the right to take proceedings for an order under section 18 of the Solicitors (Amendment) Act 2002 to prohibit them from practising illegally.

What you need to do about professional indemnity insurance

If confirmation of mandatory professional indemnity insurance cover is not received, the registrar of solicitors is precluded by law from issuing a practising certificate. All solicitors who are required to have professional indemnity insurance cover are asked to ensure that either they or their broker furnishes the society with confirmation of cover as soon as cover is renewed.

If mandatory professional indemnity insurance is not in place on 1 January 2006 and cover commences from a date after 1 January, the practising certificate will issue with effect from the date of the commencement of cover. It is not possible in such circumstances, even by application to the High Court, to have a practising certificate made effective from 1 January.

Compliance partner

This year, for the first time, the application form (section B, part I) includes a requirement for partners to state the name of their firm’s compliance partner. The Solicitors’ Accounts (Amendment) Regulations 2005 require a solicitor who is a partner in a solicitors’ practice, on making application to the society for a practising certificate in respect of the practice year 2006 and subsequent years, to furnish the name of the partner who has been nominated as the compliance partner.

Continuing professional development (CPD)

This year, for the first time, the application form includes a section regarding completion of, or exemption from, the 20-hour CPD requirement (section E). You must complete this section, but please do not send in your CPD record card with the application form.

If you are an employed solicitor

Solicitors who are employed should note that it is the statutory obligation of every solicitor who requires a practising certificate to ensure that he or she has a practising certificate in force from the commencement of the year. Employed solicitors cannot absolve themselves from this responsibility by relying on their employers to procure their practising certificates. However, it is the society’s recommendation that all employers should pay for the practising certificates of solicitors employed by them.

Some of your details are already on the application form

The practising certificate application form will be issued with certain information relating to each solicitor’s practice already completed.

What you can access on the website

The application form for a practising certificate will be available on the society’s website. You can print out a blank form or, alternatively, complete the form on-screen and print out the form for signing and returning. The form can be accessed in the members’ area of the website using the solicitor’s surname and reference number (which will be stated on page 1 of the application form).

If you are ceasing practice

If you are intending to cease practice in the coming year, please notify the society accordingly.