Pádraig Mac Lochlainn (Donegal North East, Sinn Fein) | Oireachtas source

In fairness to the Minister, he did acknowledge the submissions and the concerns expressed therein. The Law Society recommended that a requirement be introduced for non-legal-practitioner partners to be members of regulated professions such as accountants, actuaries, architects and so forth. This would fit the ethos of what an MDP is supposed to be - namely, a multidisciplinary practice, rather than a vehicle for unqualified persons to provide legal services.

The next recommendation relates to the proposed new section 76. The Law Society recommends that bodies corporate be prohibited from acting as non-legal-practitioner partners in MDPs. It also recommends that the provisions of section 76(4) as proposed by the Minister's amendments be extended to cover all legal practitioners restricted, suspended or struck off before the commencement of the Act, which is an important point. Regarding the proposed section 77, it is the recommendation of the Law Society that the regulations and requirements of MDPs with regard to client moneys and client accounts be no less rigorous than those imposed on solicitor firms. Regarding the proposed new section 80 dealing with the letter of engagement, the Law Society recommends that clear definitions of legal services and non-legal services with regard to MDPs be put in place. The society notes that in both sections 80 and 82, the relevant section in the Solicitors Acts regarding compensation for loss due the dishonesty of a solicitor should be section 21 of the Solicitors (Amendment) Act 1960 as substituted by section 29 of the Solicitors (Amendment) Act 1994, as amended by section 16 of the Solicitors (Amendment) Act 2002. I ask the Minister to respond to those issues.