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INCORPORATED LAW SOCIETY OF IRELAND

GAZETTE

September 1984

Vol. 78 No. 7

In this issue . . .

Comment

183

Schools' Liability for Negligence Part II 185 Donatio Mortis Causa: a Review and Update . . . 189

Prospects for the young Solicitor in

the Profession 193 Book Review 195 For your Diary 197

Medico Legal Society

199

Flac

19

Crossword

199

Michaelmas Law Term Annual Services

200

Technology Committee Notes 201 Solicitors' Accounts Regulations 1984 201 Mayo Solicitors' Bar Association 201 Professional Information 202

Executive Editor: Mary Buckley

Editorial Board:

William Earley, Chairman

John F. Buckley

Gary Byrne

Charles R. M. Meredith

Michael V. O'Mahony

Maxwell Sweeney

Advertising:

Liam O hOisin, Telephone 305236

Printing:

Turner's Printing Co. Ltd., Longford

The views expressed in this publication, save where

other-wise indicated, are the views of the contributors

and not necessarily the views of the Council of the

Society.

The appearance of an advertisement in this publication

does not necessarily indicate approval by the Society for

the product or service advertised.

ABC Membership has been approved pending first audit

for the period July to December 1984.

Published at Blackhall Place, Dublin 7.

Comme nt . . .

. . . Continuing Legal Education

M

ANDATORY Continuing Legal Education moves

closer to Ireland on the 1st August 1985 when the

new requirements of the Law Society of England and

Wales take effect. Every solicitor who is admitted in that

jurisdiction after that date will be required to attend

certain post admission courses during their first 3 years in

practice. Some of the courses, such as those in office

management and efficiency and professional conduct,

will be compulsory; others will be optional, a solicitor

being required to attend a certain number of courses from

a choice of 14 different topics.

An interesting feature of this development is that there

is a strong element of "topping up" involved. The new

proposals are seen as being complementary to the pre-

qualification training programme. It says much for the

sense of responsibility of the trainee solicitors that they

have apparently seen the proposals as a valuable or

necessary addition to their training rather than an

additional imposition. The new scheme does, however,

beg the important question of how Continuing Legal

Education can cope with the frequently perceived

problem of the once competent lawyer who has been

overtaken by the increasing complexity of our legal

system and the pressures of running a practice. It is those

in practice for 23, not 3, years who may be most in need.

No topic in the field of Legal Education has given rise

to more debate in recent years than Mandatory

Continuing Legal Education. A number of States in the

United States introduced it but the spread seems to have

halted at 13 States. Interestingly enough some of those

who are most vehemently opposed to its introduction

have been the educators. Far from seeing Mandatory

CLE as a golden opportunity for empire building they

have argued that the presence at courses of those who are

there only because they have to be there will seriously

dilute the educational value of the courses. There is no

doubt that in any courses of a workshop nature or which

otherwise require participation of the audience the

presence of people who are there unwillingly would be

counter-productive. Nonetheless there is a very real

dilemma to be faced. How is the person who rarely if ever

participates in any formal or informal Continuing Legal

Education but who may be the person most in need of

such further education to be persuaded of its necessity?

A further argument raised by those who are opposed to

Mandatory CLE is that they believe that Mandatory CLE

in specialised subjects is likely to lead to a demand by

those who have attended such courses to be entitled to

(continued on page 187)

183