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(i) Admission as students registered with
the Society of students at
the
Inns or
admission as solicitors of persons who have
been called to the Bar.
(ii) Admission as students at the Inns of
persons who have been registered as students
with the Society or call to the Bar of persons
who have been admitted as solicitors.
The purpose of seeking the above mentioned
powers is to enable the Society and the Inns to
enter into arrangements whereby transfer between
the
two branches of
the profession would be
facilitated without
the present restrictive con
ditions. Whereas the Benchers already have power
to deal with such matters the Law Society are at
present bound by the statutory provisions and
could not enter into such arrangements without
an amendment of the present law which would
confer the necessary powers on the Council. The
system of legal education and training proposed
by the Council as far as the solicitors' profession
is concerned, subject to getting the necessary
statutory powers were set forth in a memorandum
dated 21st July, 1961, from the Society to the
Commission on Higher Education. It is proposed
that the regulations to be made under the new
scheme would contain the following provisions:
1. A university degree either in law or another
discipline should be required before entering
into indentures of apprenticeship.
2. The present division of functions between the
universities and the Law Society should be
continued namely the university should pro
vide lectures on the theoretical aspects of law
(e.g. constitutional law, jurisprudence, the law
of property contract, tort and equity) while
lectures and other training in the practical
application of these subjects (e.g. tax law,
company
law,
conveyancing, practice and
procedure, probate and administration, book
keeping and accounts, professional ethics etc.)
should be given as at present in the Society's
law school.
3.
Subject
to satisfactory safeguards including
representation of the Society on the Govern
ing bodies of
the universities
the Society
would recognise for the purpose of admission
examinations conducted by the university law
faculty
in
the
subjects delegated
to
the
universities.
4. There should be flexibility as regards lectures
and examinations at the university and the
Society's law school but there should be close
co-operation between the respective bodies. A
student who has registered with the Society
should be permitted
to
take the Society's
lectures
and other
training courses
and
present for the Society's examinations at such
time as might be most convenient to himself.
5. On completion of the courses of training at
the University and the professional law school
the student should be required to serve as a
full time and preferably paid member of the
staff of a solicitor's office approved by the
Society as an articled clerk. As he would
then have taken the basic training and passed
the necessary examinations he should become
a wholetime paid employee.
The term of
articles might be shortened by two years. The
advantage of postponing the period of articled
clerkship until the end of the course is that
the student would be freed from the worries
and distractions of lectures and examinations
and would therefore be of greater service to
his employer and would gain the maximum
advantage from his employment.
6. On completion of
the period of articled
clerkship the student should be eligible for
admission to the roll.
7. Under a common system of education and
training it should be possible for a student to
choose either branch of the profession on
qualification. Subject to agreement between
the Benchers and
the Society the aspiring
barrister might have served the short term
clerkship in a solicitor's office mentioned in
this memorandum before call to the Bar. The
object of the system should be to enable the
student
to postpone the vital decision of
practising as a barrister or solicitor until the
end of the student period.
It is inherent in
this suggestion that there
should be a single professional law school
under the supervision and management of the
Society and the Inns.
9th January 1970.
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