The Gazette 1971

"Law is a humane study. The practice of the law

involves barristers and solicitors in an intimate way in

many aspects of human behaviour and, on that account,

a broad training not only in the techniques of the law

but also in the understanding of the psychological,

sociological and philosophical implications of human

behaviour is desirable. Again, members of both branches

of the profession become members of the legislature

and attain positions of responsibility in administration,

business and industry. These, we believe, are cogent

reasons why lawyers should be trained in the wider

environment of the university."

I think that we would all agree with these sentiments.

Professional Training

This brings me to the question of professional train-

ing. The Ormrod Committee was divided on the ques-

tion as to who should provide institutional training as

distinct from "in-training". A majority favoured the

provision of vocational courses by a limited number of

universities in close co-operation with the professional

bodies, whereas a minority considered that such training

should be provided by the professional law schools.

There is much to be said for each point of view.

I am satisfied that the concept of indentures of

apprenticeship is now out of date. I am inclined to

favour a scheme of professional training whereby a

prospective solicitor, having obtained his university

degree and successfully completed a vocational course

in the professional law school, would work for two or

three years in a solicitor's office on a full-time basis

being paid an appropriate salary. At the end of the two

or three years the solicitor-employer would certify

whether the graduate-employee was suitable for admis-

sion as a practising solicitor. A solicitor would, of course,

be able to employ as many graduates as he required.

Part of the professional training course could usefully

be spent in a general court office, in the Land Registry

(or one of its local offices), in a district probate registry

and possibly, even in the Department of Justice.

The European Community

Whatever changes are made in legal education will

have to be made in the context of our prospective entry

into EEC. When we become members of the Community

we will find ourselves an integral part of an entity

dominated by civil law concepts, procedures and modes

of thought. If this country is to play its full part in the

Community, our lawyers and law teachers will have to

become thoroughly familiar with the form, substance

and spirit of systems of law and legal institutions other

than their own. Moreover, a knowledge of continental

languages, especially French and German, will be of

considerable importance.

From time to time the amalgamatioa of both branches

of the legal profession has been advocated. The whole

question of amalgamation is, of course, closely bound up

with the question of legal education. While I do not

intend to go into the matter now I would like to men-

tion that the present division of the legal profession

into solicitors and barristers is bound to create diffi-

culties when this country becomes a member of the

EEC. As at present conceived the Common Market and

its institutions presuppose, in so far as they are concerned

with law and lawyers, the absence of any division such

as ours within the legal profession of the member States.

The future of the legal profession in the context both

of legal education and of our prospective membership

of the Common Market should, I suggest, be discussed

between the two branches of the profession. As you will

be aware, we are very fortunate in the fact that we have

the Committee on Court Practice and Procedure under

the chairmanship of Mr. Justice Brian Walsh. The

organisation of the legal profession is a matter that is

being investigated by this Committee and I am sure that

it would be of great assistance to them if they could

have the considered views of the legal profession as a

whole.

I wish once again to thank you, Mr. President, and

the members of your Council for inviting me here

tonight and for giving me an opportunity of talking to

you on matters of mutual concern. I ask you all to rise

and join with me in drinking the toast of the Incor-

porated Law Society of Ireland.

The President's Reply

The President, Mr. McGrath,

replying to the Minister

said that the Society as far back as 1961 had submitted

proposals to the Commission on Higher Education

which in effect anticipated the proposals in the Ormrod

Report. The Society was in substantial agreement with

the main proposals announced by the Minister in his

speech subject to adjustment in certain matters of detail.

The Society was anxiously awaiting the implementation

of their proposals and was glad to note that they had

the support of the Minister.

The President stated that the Society was anxious to

co-operate with the Minister in bringing legal education

up to date. He added that rapport between the profes-

sion and the legislative authority was of paramount

importance so that the practical experience of the pro-

fession would be allied with the administrative exper-

tise of the Minister and his officials.

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