Law Practitioners Act 1982 No 123 (as at 01 August 2008), Public Act

  • repealed
  • Law Practitioners Act 1982: repealed, on 1 August 2008, by section 349 of the Lawyers and Conveyancers Act 2006 (2006 No 1).
68 Solicitor not to commence or defend action if prisoner
  • (1) No solicitor who is a prisoner within the meaning of the Corrections Act 2004 may, while the person is a prisoner, sue out any writ or process, or commence or defend or prosecute any action in any court, as a solicitor, whether in his own name or in the name of any other solicitor.

    (2) Every solicitor who acts in contravention of this section—

    • (a) Is guilty of a contempt of the court in which he so acts; and

    • (b) Shall also be incapable of maintaining, in his own name or in the name of any other solicitor, any action in any court for the recovery of any fee, reward, or disbursement in respect of any business, matter, or thing done by him in contravention of this section.

    Compare: 1955 No 101 s 21

    The heading to section 68 was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the word prisoner for the words inmate of penal institution. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).

    Subsection (1) was amended, as from 1 June 2005, by section 206 Corrections Act 2004 (2004 No 50) by substituting the words a prisoner within the meaning of the Corrections Act 2004 may, while the person is a prisoner for the words an inmate of a penal institution within the meaning of the Penal Institutions Act 1954 shall, while he is such an inmate. See clause 2 Corrections Act Commencement Order 2005 (SR 2005/52).