The Gazette 1976

GAZETTE

JUNE/JULY 1976

pressed for a break away from the traditional Lecture System. Donough O'Connor contended that Appren- tices should be provided with Lecture Notes at the beginning of each year summarizing the sources used in each lecture, citing cases, statutes and texts re- ferred to This he said would provide an oppor- tinity for discussion in class. I believe that in the Vocational Course the proposals in the Ormrod Report for a system of Practicals should be adopted. This would involve setting exercises in Professional Problems and Procedures including relevant as well as irrelevant facts and allowing the student access to all the relevant Text Books and Law Reports. This would be a great benefit in preparing the student to make the transition from the theoretical treatment of Law in University to the requirements of practice. The Harthog and Rhodes experiment in examinations Mr. Justice Megarry in his article also recommended changes in the examination system. The inadequacies of the examination system was shown up by an experi- ment by Harthog and Rhodes where they chose 15 examination papers which had been given the same mark by different examiners. The papers were then circulated among the other examiners and marked by them. The results were very interesting—one paper was given credit by 6 examiners, passed by 5 and failed by 4. The following year the same papers were represented to the original examiners. There was a 44% difference between their assessments. In another survey Fairthrop listed 17 variables which affected exam results and have no bearing or lack of it, speed in writing or thinking, ability to cram, ability to conform to the examiners views although the examiner would like to deny that this in fact is the case. I would recommend for the Vocational Course a system of continuous assessment, if this accounted for 20% even of the total marks for an examination I feel a fairer result would ensue. Linked to this the implementation of the proposals of the Society of Young Solicitors, of Mr. Justice Megarry and of the Ormrod Report concerning the type of examina- tion questions which should be set in those exams would provide a more comprehensive test of the students abilities. The general consensus of these reports is that there should be fewer questions on the examination papers, which should be a test of professional proficiency. They should be designed to make a student, when he is studying, learn for his own benefit for his future knowledge rather than memorizing facts for an exam- ination. All agree that the questions should be com- prised of long practical problems containing irrelevant as well as relevant facts. Conditions in the examina- tions should be as close as possible to an office situation so that the Professional Examination should be on an open "book basis". Mr. Justice Megarry in his article recommended that the Paper should have no specific title but it should instead be concerned with a general theme of questioning. Since we are dealing with Post Graduate Students the failure rate should be very low indeed The general consensus among all the experts is that the Professional Law Schools should be amalgamated. In fact The Incoiporated Law Society recommended this to the Commission of Higher Education in their submission. Mr. Donough O'Malley then Minister for Education in a Speech at the Council Dinner of the Incorporated Law Society made the same point. The abolition of the present dual system of Professional Legal Education would mean the money saved by the pooling of staff and premises could be used to provide better facilities for students. In Ireland one result of the

dual system is that library facilities are totally inade- quate to meet the needs of the present day student. Merging of Legal Professions Professor Hamish R. Cray, a Barrister and a Solicitor in New Zealand argues that the merging of the two Professions would not be fatal to Professional Skill and Integrity as feared in Britain and Ireland. He contends that the main reason for the reluctance of the Pro- fessions to co-operate with one another is the concern for protection from the other. He claims this is a bar to proper legal education in terms of professional needs and the professions duty to the Public. A common pro- fessional course, once the University Degree is obtained by the student, would present very little difficulty as Bar Students and Solicitors' Apprentices study the same subjects in their professional courses. The theory is the student would choose which branch of the Law he wished to practice after finishing his studies. If this is unacceptable, then surely as a compromise, there should be a Common Professional Law School with those students who choose to study for the Bar before they enter it in order to undertake certain subjects like Advocacy and Psychology at the same time as the Trainee Solicitor would attend his Book-Keeping or Office Management Lectures. They would meet for Lectures in the main Vocational Subjects. Advisory Committee on Legal Education The difficulties in the relationship between the Incor- porated Law Society and the King's Inns and indeed between the Professional Bodies and the Universities could perhaps be lessened by the implementation of the Proposals contained in the Ormrod Report for an Ad- visory Committee on Legal Education. This would establish closer links between all the Bodies concerned and would build up mutual trust. The Advisory Com- mittee as envisaged by the Ormrod Committee would have no Executive Powers. It was proposed that the Body be headed by a Chairman with 3 Representatives from each of the Professional Bodies, 6 Members from the Society of the Public Teachers of Law, 2 from the Association of Law Teachers and a Solicitor and Barris- ter both under 10 years qualified. The Ormrod Report also provides for the continua- tion of Legal Training after qualification. The Society of Young Solicitors, does good work in the sphere of the continuation of training by the hold- ing of Week-end Seminars. Other Societies like the Society for the Study and Practice of European Law also try to promote an awareness among Practitioners of the need to keep abreast with current developments. The Ormrod Report mentioned 5 broad sections in which these courses should be divided : 1. Judicial Duties. 2. Refresher Courses for Practitioners. 3. Course in New Legislation. 4. Specialists Courses, e.g., in Tax Law or Law of European Communities. 5. Interdisciplinary Courses. Courses should he run from time to time by the Law Society in the Law School to further this aim. The Law of the European Communities is one area in which Irish Solicitors need to be educated. Lasok, an expert in Community Law has said "Certainly neither the volume of Legal Writings nor the extent of instruction in the Community Law gives credit to the seats of learn- ing whose business it is to advance scholarship and dissemination of knowledge". This certainly applies to our standards in relation to the study of E.E.C. law. In my opinion a Course should be provided which is

104