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Where am I now? Lawlink > Law Reform Commission > Publications > Appendix I - Terms of Reference

Report 44 (1984) - Fourth Report on the Legal Profession: Solicitors' Trust Accounts

Appendix I - Terms of Reference

How to purchase a copy of this report.

History of this Reference (Digest)

Outline of Report


"To enquire into and review the law and practice relating to the legal profession and to consider whether any and, if so, what changes are desirable in


    (a) the structure, organisation and regulation of that profession;

    (b) the functions, rights, privileges and obligations of all legal practitioners; and

    (c) the provisions of the Legal Practitioners' Act, 1898, and the Rules and Regulations made thereunder and other relevant legislation and instruments.


with particular reference to but not confined to the following matters

    (d) the division of the legal profession into two branches;

    (e) the rights of audience of legal practitioners;

    (f) the existence or otherwise of monopolies or restrictive practices within the profession;

    (g) the right of senior counsel to appear without junior counsel;

    (h) the fixing and maintenance of ethical standards;

    (i) the making, investigation and adjudication of complaints concerning the professional competence or conduct of legal practitioners and the effectiveness of the investigation and adjudication of such complaints by professional organisations;

    (j) the making, investigation and adjudication of complaints concerning charges made for work done by legal practitioners;

    (k) the fixing and recovery of charges for work done by legal practitioners, including the charging by Junior counsel of two-thirds of his senior s fee and the fixing of barristers' fees in advance for work to be done;

    (l) the liability of legal practitioners for professional negligence and compulsory insurance in respect thereof;

    (m) partnerships and the incorporation of legal practices;

    (n) advertising;

    (o) confidentiality;

    (p) the certification of legal practitioners as specialists in particular fields;

    (q) performance of conveyancing and other legal work other than by legal practitioners;

    (r) fidelity guarantees and rules relating to the administration of guarantee funds;

    (s) the Statutory Interest Account;

    (t) the supervision by independent third parties of trust accounts of legal practitioners;

    (u) the necessity for participation by legal practitioners in courses of continuing legal education;


but not including an examination of the provisions of the Legal Assistance Act, 1943, the Public Defenders Act, 1969, the Legal Practitioners (Legal Aid) Act, 1970; the role of the Law Foundation; or legal education prior to admission."



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