Solicitors Act 1974

Restrictions on practice as solicitor

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

(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 is divided into petty sessional divisions, 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 petty sessional division for which he does not ordinarily act.

(3) Where a solicitor is a justice of the peace for any area, that shall not subject him or any partner of his to any disqualification under this section if his name is entered in the supplemental list kept under section 1 of the [1973 c. 15.] Administration of Justice Act 1973.

(4) Where a solicitor is, as being Lord Mayor or alderman, a justice of the peace for the City of London, that shall not subject him or any partner of his to any disqualification under this section, if he is in accordance with section 1(6) of the Administration of Justice Act 1973 excluded from the exercise of his functions as a justice for the City.

39 Solicitor 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.

40 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.