A review carried out by the Law Society of Ireland has confirmed that a practising certificate entitles a solicitor to practise only in Ireland, and from an establishment in Ireland.

The review, which looked at the regulatory framework for issuing practising certificates to lawyers based outside Ireland, was aimed at realigning the framework in the light of Brexit, and ensuring that it was legally robust.

Brexit has contributed to a sharp rise in the number of solicitors with practising certificates in Ireland in recent years.

Physical presence

The Society's long-standing position has been that its practising certificate does not permit practice outside Ireland. It had emphasised that practising solicitors must have a physical presence in Ireland in order to practise in Ireland.

It did, however, facilitate Irish qualified solicitors outside Ireland in seeking to register or maintain registration as a Registered European Lawyer (REL) in another EU member state or as a lawyer with a foreign bar.

This was done by issuing practising certificates accompanied by a letter stating that the solicitor was not entitled to use the practising certificate in Ireland unless they had appropriate professional indemnity insurance (PII) in place.

'Erroneous impression'

“The practice of issuing practising certificates to solicitors outside the jurisdiction may create the erroneous impression that the Society permits practice pursuant to the Irish practising certificate outside Ireland,” the Society said.

“It is clear that no such practice is permitted and, by adopting this approach, the Society will be making clear that such practice is not permitted.”

This means that Irish qualified solicitors who are based in England and Wales will not be entitled to a practising certificate from the Society. This will be the case whether they attempt to maintain certain practice rights in the EU post-Brexit or otherwise.

“Such solicitors will not be issued with a practising certificate by the Society unless they can demonstrate in the course of their applications that they practise (or intend to practise) in Ireland from a physical establishment in Ireland,” the review said.

“In addition, they must comply with all other relevant legal requirements, including having appropriate PII in place.”

Such solicitors do not need an Irish practising certificate to practise in England and Wales.

Alternative certification

Irish qualified solicitors who want to practise as an REL in another EU country will be issued with alternative certification attesting to their registration or enrolment as a solicitor, instead of a practising certificate.

The review found that this evidence is all that is required in order to register as an REL under the EU’s Establishment Directive.

Irish-qualified solicitors who want to register with a foreign bar as a lawyer will also be issued with alternative certification attesting to their registration or enrolment as a solicitor.

The Society said the position of solicitors qualified and practising in both Northern Ireland and Ireland is unchanged as a result of the review.