A dispute has erupted between The Law Society of England and Wales and The Law Society of Ireland over the rights of solicitors on the Irish roll to practise law outside of the jurisdiction. 

The Law Society of Ireland imposed a condition on practitioner certificates for lawyers outside of Ireland and Northern Ireland in January that effectively stopped them practising Irish law from another jurisdiction, according to Mickael Laurans, head of international at The Law Society of England and Wales.

Following a backlash from U.K. firms, a High Court case ensued and the decision was reversed in May, according to people with knowledge of the matter. The Law Society of Ireland then issued new unconditional practising certificates as well as a set of guidelines on Irish solicitors' rights to practise when overseas.

But people close to the situation say the guidelines are unclear and The Law Society of England and Wales is now seeking clarification over the freedoms of lawyers on the Irish roll.

The talks have profound implications for the Brexit plans of the U.K.'s largest law firms, many of which have ensured they have lawyers admitted to the Irish roll as a pre-emptive move ahead of the U.K.'s exit from the European Union.

Last year, some 2,011 lawyers were admitted to the roll to secure their ability to continue practising EU law and stand in front of the European Court of Justice post-Brexit.

Laurans said: "This is an important issue for U.K. firms but also, I would suggest, for Irish law firms involved in international practise."

He added: "We have constructively engaged with the Law Society of Ireland to understand their regulatory framework and what Irish solicitors can and cannot do when practising overseas. We would welcome further engagement over the next few months."

The Law Society of Ireland responded, saying it is a "legally complex matter", and adding that "in brief, there has been no change in the Law Society's policy".

In a statement, it said: "An Irish practising certificate entitles a solicitor practising in Ireland to provide legal services as defined by, and subject to the provisions of, the Solicitors Acts 1954-2015 and the rules and regulations made under those Acts.

"An Irish practising certificate does not entitle a solicitor to practise outside the jurisdictions that are permitted by Irish and EU law. Practice outside the EU is dependent on the law of the relevant jurisdiction where the practice is carried out."

One partner at an Irish law firm said there was confusion over the guidelines. He said he believes there might be an exemption for Irish law firms and the motivation may have been to protect the local firms.

Alternatively, he said the need to be 'physically in Ireland' could apply to the brand as opposed to the individual, meaning solicitors employed by a law firm that has a physical presence in the region would be safe to practise Irish law externally.

However, the partner stressed that it remains unclear and there is a great deal of uncertainty due to the potential implications.