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SOLICITORS (NORTHERN IRELAND) ORDER 1976 - SECT 36

36.(1) Where the Council have reasonable cause to believe and have passed a
resolution stating that they have reasonable cause to believe, that

(a)a solicitor, or his clerk, apprentice or servant, has been guilty of
dishonesty in connection with his practice as a solicitor or in connection
with any trust of which the solicitor is a trustee; or

(b)in consequence of the act or default of any solicitor or of any clerk,
apprentice or servant of his

(i)there has been undue delay in connection with any matter in which that
solicitor or his firm has been instructed on behalf of a client or himself or
any matter which relates to the administration of a trust of which that
solicitor is the sole trustee or co-trustee only with one or more of his
partners, clerks, apprentices or servants; or

(ii)any sum of money due from the solicitor or his firm to, or held by him or
his firm on behalf of, his clients or subject to any trust of which he is such
sole trustee or co-trustee as aforesaid is in jeopardy while in the control or
possession of the solicitor or his firm,

(2) The provisions of Schedule 1 shall apply to every solicitor who practises
either in his own name or as the sole solicitor practising in the name of a
firm and

(a)who is adjudicated bankrupt or has entered into any voluntary or other
arrangement or composition with his creditors; or

(b)who has had any order of committal or attachment, or judgment or decree of
the kind mentioned in Article 13(1)(j) made against him which has not been
discharged; or

(c)in respect of whose person or property any power is being exercised under
the provision of any enactment or rule of law relating to persons of unsound
mind who are incapable of managing their affairs or who is a patient for the
time being detained in a hospital under Part II of the Mental Health Act
(Northern Ireland) 1961 in pursuance of an application for admission under
section 12 of that Act or is subject to guardianship in pursuance of a
guardianship application under section 21 of that Act; or

(d)who by reason of bodily illness, infirmity or weakness not amounting to
mental disorder has become permanently or for a period of more than three
months incapable of carrying on practice as a solicitor and has not in the
opinion of the Council made adequate arrangements for professional assistance
in or supervision of his practice during such incapacity.

(3) Where the Council have passed a resolution to the effect that they are
satisfied that a solicitor or solicitor-trustee

(a)has failed to comply with any provision respecting the keeping of accounts
contained in regulations made under Article 33 or with any requirement made in
pursuance of any such regulations for the production of books of account or
other documents; and

(b)has been informed that such failure will have the consequence that the
provisions of Schedule 1 shall apply in relation to him and the other persons
mentioned in that Schedule,

© 1976 Crown Copyright

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