Solicitors Act 1974

1. Introductory Text

2. Part I Right to Practise as Solicitor

   1. Qualifications and training

      1. 1. Qualifications for practising as solicitor.

      2. 1A. Practising certificates: employed solicitors.

      3. 1B. Restriction on practice as sole solicitor

      4. 2. Training regulations.

   2. Admission

      1. 3. Admission as solicitor.

      2. 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   3. The roll

      1. 6. Keeping of the roll.

      2. 7. Entry of name and restoration of name struck off.

      3. 8. Removal or restoration of name at solicitor’s request.

   4. Practising certificates

      1. 9. Applications for practising certificates.

      2. 10. Issue of practising certificates.

      3. 10A. Register of holders of practising certificates

      4. 11. Fees payable on issue of practising certificates.

      5. 12. Discretion of Society with respect to issue of practising certificates in special cases.

      6. 12A. Additional fee payable by certain solicitors on applying for practising certificates.

      7. 13. Appeals in connection with issue of practising certificates.

      8. 13ZA. Application to practise as sole practitioner while practising certificate in force

      9. 13ZB. Fee payable on making of sole solicitor endorsement

      10. 13A. Imposition of conditions while practising certificates are in force.

      11. 13B. Suspension of practising certificates where solicitors convicted of fraud or serious crime.

      12. 14. Commencement, expiry and replacement of practising certificates.

      13. 15. Suspension of practising certificates.

      14. 16. Duration of suspension of practising certificates.

      15. 17. Publicity in relation to suspension of practising certificates.

      16. 17A. Suspension of sole solicitor endorsement

      17. 17B. Duration and publicity of suspension of sole solicitor endorsement

      18. 18. Evidence as to holding of practising certificates.

   5. Rights and privileges of solicitors

      1. 19. Rights of practising and rights of audience.

   6. Unqualified persons acting as solicitors

      1. 20. Unqualified person not to act as solicitor.

      2. 21. Unqualified person not to pretend to be a solicitor.

      3. 22. Unqualified person not to prepare certain instruments.

      4. 22A. Powers of entry etc. of local weights and measures authorities.

      5. 23. Unqualified person not to prepare papers for probate etc.

      6. 24. Application of penal provisions to body corporate.

      7. 25. Costs where unqualified person acts as solicitor.

      8. 26. Time limit for commencement of certain proceedings.

      9. 27. Saving for persons authorised to conduct legal proceedings.

   7. Supplementary

      1. 28. Regulations.

      2. 29. Non–British subjects as solicitors. 12 & 13 Will. 3. c. 2.

      3. 30. Evidence as to solicitors in Scotland.

3. Part II Professional Practice, Conduct and Discipline of Solicitors and Clerks

   1. Practice rules

      1. 31. Rules as to professional practice, conduct and discipline.

   2. Accounts etc.

      1. 32. Accounts rules and trust accounts rules.

      2. 33. Interest on clients’ money.

      3. 33A. Inspection of practice bank accounts etc.

      4. 34. Accountants’ reports.

   3. Sole solicitors

      1. 34A. Employees of solicitors

      2. 34B. Employees of solicitors: accounts rules etc

   4. Intervention in solicitor’s practice, Compensation Fund and professional indemnity

      1. 35. Intervention in solicitor’s practice.

      2. 36. Compensation Fund.

      3. 36A. Compensation funds

      4. 37. Professional indemnity.

   5. Inadequate professional services

      1. 37A. Redress for inadequate professional services.

   6. Restrictions on practice as solicitor

      1. 38. Solicitor who is justice of the peace not to act in certain proceedings.

      2. 39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 40. Solicitor not to commence or defend actions while in prison.

   7. Restrictions on employment of certain persons

      1. 41. Employment by solicitor of person struck off or suspended.

      2. 42. Failure to disclose fact of having been struck off or suspended.

      3. 43. Control of employment of certain clerks.

      4. 44. Offences in connection with orders under section 43(2).

   8. Imposition by Council of disciplinary sanctions for inadequate professional services

      1. 44A. Power of Council to impose sanctions for inadequate professional services.

   9. Examination of files

      1. 44B. Power of society to examine files in connection with complaints

      2. 44BA. Power to require explanation of document or information

      3. 44BB. Provision of information and documents by other persons

      4. 44BC. Information offences

   10. Costs of investigations

       1. 44C. Payment of costs of investigations.

       2. 45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

   11. Disciplinary powers of the Society

       1. 44D. Disciplinary powers of the Society

       2. 44E. Appeals against disciplinary action under section 44D

   12. Disciplinary proceedings before Solicitors Disciplinary Tribunal

       1. 46. Solicitors Disciplinary Tribunal.

       2. 46A. Funding of the Tribunal

       3. 47. Jurisdiction and powers of Tribunal.

       4. 47A. Power of Tribunal to impose sanctions for inadequate professional services.

       5. 48. Orders of Tribunal.

       6. 49. Appeals from Tribunal.

       7. 49A. Appeals to the Tribunal instead of the High Court

   13. Disciplinary proceedings before Supreme Court

       1. 50. Jurisdiction of Supreme Court over solicitors.

       2. 51. Procedure upon certain applications to High Court.

       3. 52. Power of Society to draw up order of court.

       4. 53. Production of order of court to Society.

   14. Disciplinary proceedings—general

       1. 54. Restrictions on powers to strike names off roll.

       2. 55. Applications to require solicitor to answer allegations.

4. Part III Remuneration of Solicitors

   1. Non–contentious business

      1. 56. Orders as to remuneration for non–contentious business.

      2. 57. Non–contentious business agreements.

      3. 58. Remuneration of a solicitor who is a mortgagee.

   2. Contentious business

      1. 59. Contentious business agreements.

      2. 60. Effect of contentious business agreements.

      3. 61. Enforcement of contentious business agreements.

      4. 62. Contentious business agreements by certain representatives.

      5. 63. Effect on contentious business agreement of death, incapability or change of solicitor.

      6. 64. Form of bill of costs for contentious business.

      7. 65. Security for costs and termination of retainer.

      8. 66. Taxations with respect to contentious business.

   3. Remuneration—general

      1. 67. Inclusion of disbursements in bill of costs.

      2. 68. Power of court to order solicitor to deliver bill, etc.

      3. 69. Action to recover solicitor’s costs.

      4. 70. Taxation on application of party chargeable or solicitor.

      5. 71. Taxation on application of third parties.

      6. 72. Supplementary provisions as to taxations.

      7. 73. Charging orders.

      8. 74. Special provisions as to contentious business done in county courts.

      9. 75. Saving for certain enactments.

5. Part IV Miscellaneous and General

   1. The Society

      1. 76. Non–practising solicitors eligible for membership of Society.

      2. 77. Annual subscription to Society.

      3. 78. Cessation and suspension of membership of Society.

      4. 79. Committees and Sub–Committees of the Council.

      5. 80. Powers to act on behalf of Society.

   2. Miscellaneous

      1. 81. Administration of oaths and taking of affidavits.

      2. 81A. Fees for administering oaths and taking affidavits.

      3. 82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 83. Power of Society to inspect file of proceedings in bankruptcy of solicitor.

      5. 84. Service of documents at solicitor’s place of business.

      6. 85. Bank accounts.

      7. 86. Bankers’ books.

   3. Supplementary

      1. 86A. Rules

      2. 87. Interpretation.

      3. 88. Saving for solicitors to public departments and City of London.

      4. 89. Consequential amendments, repeals, savings, etc.

      5. 90. Short title, commencement and extent.

6. SCHEDULES

   1. SCHEDULE 1

      Intervention in Solicitor’s Practice

      1. Part I Circumstances in which Society may Intervene

         1. 1. (1) Subject to sub–paragraph (2), the powers conferred by Part...

         2. 2. On the death of a sole solicitor paragraphs 6 to...

         3. 3. The powers conferred by Part II of this Schedule shall...

         4. 4. (1) Where the powers conferred by Part II of this...

      2. Part II Powers Exercisable on Intervention

         1. Money

            1. 5. (1) The High Court, on the application of the Society,...

            2. 6. (1) Without prejudice to paragraph 5, if the Council pass...

            3. 6A. (1) Without prejudice to paragraph 5, if the Society passes...

            4. 6B. (1) The Society may make rules governing its treatment of...

            5. 7. (1) If the Society takes possession of any sum of...

            6. 8. Without prejudice to paragraphs 5 to 7, if the High...

         2. Documents

            1. 9. (1) The Society may give notice to the solicitor or...

         3. Mail

            1. 10. (1) The High Court, on the application of the Society,...

         4. Trusts

            1. 11. (1) If the solicitor or his personal representative is a...

         5. General

            1. 12. The powers in relation to sums of money and documents...

            2. 13. Subject to any order for the payment of costs that...

            3. 13A. (1) The High Court, on the application of the Society,...

            4. 14. Where an offence under this Schedule committed by a body...

            5. 15. Any application to the High Court under this Schedule may...

            6. 16. The Society may do all things which are reasonably necessary...

   2. SCHEDULE 1A

      INADEQUATE PROFESSIONAL SERVICES

      1. 1. Circumstances in which Council’s powers may be exercised

      2. 2. Directions which may be given

      3. 3. Compensation

      4. 4. Taxation of costs

      5. 5. Failure to comply with direction

      6. 6. Fees

      7. 7. Costs

      8. 8. Duty of Tribunal

      9. 9. Interpretation

   3. SCHEDULE 2

      The Compensation Fund

      1. 1. The fund shall be maintained and administered by the Society...

      2. 2. (1) Subject to sub–paragraphs (2) and (2A), every solicitor—

      3. 3. The Society may invest in securities in which trustees are...

      4. 4. . . . the Society may borrow for the purposes...

      5. 5. The Society may insure with authorised insurers for such purposes...

      6. 6. There shall be carried to the credit of the fund—...

      7. 7. All money from time to time forming part of the...

   4. SCHEDULES 3

      CONSEQUENTIAL AMENDMENTS

      1. 1. . . . . . . . . . ....

      2. 2. . . . . . . . . . ....

      3. 3. . . . . . . . . . ....

      4. 4. In section 20(3) of the Justices of the Peace Act...

      5. 5. . . . . . . . . . ....

      6. 6. In section 192(2) of the County Courts Act 1959 (as...

      7. 7. . . . . . . . . . ....

      8. 8. In section 4(2) of the Matrimonial Causes Act 1967, for...

      9. 9. In section 223(1) of the Local Government Act 1972, for...

      10. 10. . . . . . . . . . ....

   5. Schedule 4

      ENACTMENTS REPEALED