PART IIProfessional Practice, Conduct and Discipline of Solicitors and Clerks
Restrictions on practice as solicitor
39Solicitor not to act as agent for unqualified person
1
No solicitor shall wilfully and knowingly—
a
act as agent for an unqualified person in any action or in any matter in bankruptcy ;
b
permit his name to be made use of in any action or in any matter in bankruptcy upon the account or for the profit of an unqualified person ;
c
send any process to an unqualified person ; or
d
do any other act enabling an unqualified person to appear, act or practise in any respect as a solicitor in any action or in any matter in bankruptcy.
2
Where it appears to the Tribunal or, as the case may be, to the High Court that a solicitor has acted in contravention of this section, the Tribunal or the court shall order that his name be struck off the roll.
3
Where the High Court orders the name of a solicitor to be struck off the roll in respect of an offence under this section, the court may further order that the unqualified person who was enabled by the conduct of the offender to appear, act or practise as a solicitor shall be imprisoned for a period not exceeding one year.
4
For the avoidance of doubt it is hereby declared that in subsection (1) references to an unqualified person include references to a body corporate.