D2.1: Restriction on practice
2.1.1 In this rule 2, unless the context otherwise requires, terms listed in the first column of rule 2.1.1 shall have the meanings respectively ascribed to them in the second column of that rule:
Term |
Definition |
grouping |
any entity, whether or not having legal personality, formed under the law of a Member State, within which lawyers pursue their professional activities jointly under a joint name |
2.1.2 You shall not practise as a manager unless you hold an unrestricted practising certificate.
2.1.3 Subject as aftermentioned, you shall not practise as a manager unless you have been employed as a solicitor or European lawyer for a cumulative period of three years, one year of which shall immediately precede your commencing practice as a manager.
2.1.4 Rule 2.1.3 shall not apply if you become and remain a manager of a practice unit or a grouping which has as one of its managers at least one other solicitor or European lawyer who has practised as a manager (which term shall include, in the case of a European lawyer, being a partner, director or member of a grouping) for a period of not less than three years prior to your first becoming such a manager.
2.1.5 Employment shall only be counted for the purpose of rule 2.1.3 if at the time:-
(a) subject to rule 2.1.6, you (being a solicitor) held an unrestricted practising certificate; or
(b) you (being a European lawyer) held an authority to practise free from conditions equivalent to those referred to in the definition of "unrestricted practising certificate" in Schedule 1.
2.1.6 Employment that would otherwise have counted for the purpose of rule 2.1.3 shall not be so counted if at the time you were bound by an undertaking given pursuant to the Admissions Regulations.
2.1.7 Notwithstanding any other provision in this rule 2.1, you shall not practise as a manager if you are prohibited from so doing in terms of the Admissions Regulations.