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The European Communities (Services of Lawyers) Order 1978

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This is the original version (as it was originally made). The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

Representation in legal proceedings

5.  No enactment or rule of law or practice shall prevent an EEC lawyer from providing any service in relation to any proceedings, whether civil or criminal, before any court, tribunal or public authority (including appearing before and addressing the court, tribunal or public authority) by reason only that he is not an advocate, barrister or solicitor;

provided that throughout he is instructed with, and acts in conjunction with, an advocate, barrister or solicitor who is entitled to practise before the court, tribunal or public authority concerned and who could properly provide the service in question.

6.  Nothing in this Order shall enable an EEC lawyer:—

(a)if he is established in practice as a barrister in the Republic of Ireland, to provide in the course of any proceedings any service which could not properly be provided by an advocate or barrister;

(b)if he is instructed with and acts in conjunction with an advocate or barrister in any proceedings, to provide in the course of those proceedings, or of any related proceedings, any service which an advocate or barrister could not properly provide;

(c)if he is instructed with and acts in conjunction with a solicitor in any proceedings, to provide in the course of those proceedings, or of any related proceedings, any service which a solicitor could not properly provide.

7.  An EEC lawyer in salaried employment who is instructed with and acts in conjunction with an advocate or barrister in any proceedings may provide a service on behalf of his employer in those proceedings only in so far as an advocate or barrister in such employment could properly do so.

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