Part II Professional Practice, Conduct and Discipline of Solicitors and Clerks
Restrictions on practice as solicitor
38 Solicitor who is justice of the peace not to act in certain proceedings. C1
1
Subject to the provisions of this section, it shall not be lawful for any solicitor who is one of the justices of the peace for any area, or for any partner of his, to act in connection with proceedings before any of those justices as solicitor or agent for the solicitor of any person concerned in those proceedings.
2
Where the area for which a solicitor is a justice of the peace F4consists of two or more petty sessions areas, his being a justice for the area shall not subject him or any partner of his to any disqualification under this section in relation to proceedings before justices acting for a F5petty sessions area for which he does not ordinarily act.
3
F13A
Subsection (1) does not apply where a solicitor is a Deputy District Judge (Magistrates’ Courts); but where a solicitor is acting as a Deputy District Judge (Magistrates’ Courts) for any petty sessions area it shall not be lawful for him, or for any partner of his, to act in connection with proceedings before any justice of the peace acting for that area as solicitor or agent for the solicitor of any person concerned in those proceedings.
F24
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C240 Solicitor not to commence or defend actions while in prison.
1
No solicitor while a prisoner in any prison shall as a solicitor, in his own name or in the name of any other solicitor, issue any writ or process, or commence, prosecute or defend any action or any matter in bankruptcy.
2
If any solicitor commences, prosecutes or defends any action or any matter in bankruptcy in contravention of subsection (1)—
a
he shall be incapable of maintaining an action for the recovery of any costs in respect of any business so done by him; and
b
he and any other solicitor in whose name he is permitted to commence, prosecute or defend the action or matter shall be guilty of contempt of the court in which it is commenced, prosecuted or defended and may be punished accordingly.