Character & Fitness Policy
This
policy outlines the approach the Law Society of Northern Ireland (‘the
Society’) takes when determining a person’s character and fitness to be a
member of the Solicitor profession in Northern Ireland.
Context
The
Solicitors (Northern Ireland) Order 1976 provides that a person may not be
admitted as a Solicitor unless the Society is satisfied as to their character
and fitness to be a Solicitor [Article 5(1)(b)].
Consideration
of a person’s character and fitness arises in a number of circumstances
including the following –
(i)
on an application to become a Registered
Student of the Society in order to train to become a Solicitor; and
(ii)
on an application to be admitted (or
readmitted) as a Solicitor.
Responsibility
for determining a person’s character and fitness ultimately resides within the
Society’s Council (i.e. the governing body of the Society).
In
determining a person’s character and fitness the Society will, in particular,
have regard to the need to protect the public and also the public interest in
maintaining trust and confidence in the Solicitor profession.
What
is Character and Fitness?
Determining
the character and fitness of a person involves making an assessment of their
suitability to become a member of the Solicitor profession. This is likely to involve consideration of
a range of factors including the following
-
(i) public safety and the public interest;
(ii)
the person’s probity and integrity; and
(iii)
the impact on public confidence in the Society
and or the Solicitor profession.
Each
case will be considered on its individual merits according to its facts and
circumstances. In some cases, it is likely that the Society will wish to meet
with the person in order to be able to make a determination as to their
character and fitness.
Relevant
Considerations
Although
these are illustrative examples and are not exhaustive, among the matters to
which the Society will pay particular regard in determining a person’s
character and fitness are the following –
(i)
Criminal convictions –
An
applicant must disclose any criminal convictions. It is unlikely, other than in
exceptional circumstances, that an application will be successful where it
discloses convictions for offences of –
· murder,
manslaughter or other violent offences;
· serious
sexual offences;
· terrorist
offences – in particular those committed after 10 April 1998 (i.e. the signing
of the Belfast/Good Friday Agreement);
· fraud,
theft or other financial dishonesty;
· perjury,
bribery or other offences involving dishonesty;
· obstructing
justice;
· multiple
convictions of lesser seriousness (not including minor road traffic offences or
multiple convictions of lesser seriousness arising from the one event);
· attempting
to commit any of the above offences.
(ii)
Cautions and Other Diversionary Disposals
–
An
applicant must disclose if they have received any Cautions, Diversionary Youth
Conferences or Diversionary Disposals for any of the above offences. It is
unlikely, other than in exceptional circumstances, that an application will be
successful where it discloses they received Cautions, Diversionary Youth
Conferences or Diversionary Disposals for any of the above offences.
(iii)
Probity and Personal Integrity
It
is unlikely that an application will be successful where it discloses instances
of –
· plagiarism
or cheating in examinations;
· falsification
of qualifications or references;
· abuse
of a position of trust;
· discrimination,
bullying or harassment;
· failure
to disclose to the Society information which is material to the person’s application,
character and fitness;
· providing
partial, misleading or false information to the Society regarding a matter
which they are required to disclose as part of their application.
(iv)
Personal and Financial Standing
It
is unlikely that an application will be successful where it discloses that the person
–
· is an
undischarged bankrupt or has an outstanding judgment debt;
· has
been disqualified as a company director or trustee of a charity or was the
director of a company which was the subject of a Winding Up Order, an
Administration Order, Receivership or other Insolvency process;
· has
deliberately sought to avoid responsibility for their debts or has otherwise
been dishonest in the management of their personal finances;
· was
previously sanctioned by or expelled from another professional body or association
on account of matters touching on character and fitness.
Aggravating
or Mitigating Factors
In
reaching a determination as to a person’s character and fitness with regard to
any of the above matters, the Society will take into consideration all relevant
factors including the following –
· the
likelihood that the person’s conduct will undermine public confidence in the
Solicitor profession if they were to become a member of the profession;
· the
length of time that has passed since the matter occurred;
· the person’s
explanation of the matter;
· the
vulnerability of any victims of the individual’s conduct;
· the
age and position of the person at the time of the impugned conduct;
· the person’s
subsequent conduct and behaviour;
· any
steps taken by the person to remedy their conduct;
· any
contrition, remorse or rehabilitation evidenced by the person;
· the person’s
employment history;
· the
willingness of reputable independent individuals to vouch for the person’s
character and fitness;
· lack
of candour about all matters of conduct or behaviour material to the person’s
character and fitness.
A
prospective applicant may find it helpful to have a confidential discussion
with an officer of the Society before submitting a formal application to join
the Solicitor profession in Northern Ireland in any of the above circumstances.
Law
Society of Northern Ireland
March
2021
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