Previous Page  73 / 736 Next Page
Information
Show Menu
Previous Page 73 / 736 Next Page
Page Background

easily be adapted to suit changing circum

stances.

2. The present system of apprenticeship is un

satisfactory.

3. The Council are not satisfied with the quality

of instructions given in the University Law

Schools.

4. The professional bodies should have repre

sentation on the governing bodies of the

University, having regard to the fact that

solicitor's apprentices and law students at

tend the University schools for part of their

academic legal education.

The Society's memorandum went on to sug

gest that the whole system of legal education

should be prescribed, not by statute, but by statu

tory regulations to 'be made by the professional

bodies with the concurrence of the President of the

High Court, and it went on to indicate the kind of

system which might be adopted by regulation if

the necessary enabling legislation is passed.

As far as solicitors' apprentices are concerned

the present apprenticeship system which has been

handed down, almost unchanged from the eigh

teenth century, should be brought into line with

modern requirements. Every person seeking admis

sion as a solicitor's apprentice should be required

to have already graduated in Law or Arts at a

recognised University. A student graduating in

Law would be permitted to present himself for the

Society's lectures and examinations in most of the

subjects, except possibly practice and procedure,

before entering into indentures of apprenticeship.

Having attended lectures and passed the Society's

examinations his apprenticeship period would be

whole time devoted to practical work, free from

the worries and distractions of lectures and exa

minations. The Council proposed that the appren

tice should be required to work as an ordinary

member of the staff and that he should be in a

position to earn a salary. Having regard to the

fact that the apprentice would have already gra

duated at the University and have passed most of

the Society's examinations he might be admitted

to practice after a shortened apprenticeship of

about two years. The Society further proposes that

a common system of education for the Bar and

the solicitor's profession should be adopted. This

proposal has been forwarded to the Honourable

Society of Kings Inns. I should add that the

Society's proposals are dealt with fairly fully in

the full report of

the Commission on Higher

Education recently published. This report endor

ses most of the Society's recommendations and

will be the basis for further discussions both with

the Department and with the Kings Inns.

My remarks are merely a summary of the pro

posals in the Society's memorandum and in the

report of the Commission. I mention the matter

with a view to removing any misapprehension

which would lead members to think, either that

the Society has not been continuously interested in

this subject, or has not made any practical sug

gestions with a view to the improvement of the

system. I wish merely to add one remark, and that

is, that as our system is regulated by statute, chan

ges cannot be made without amending legislation.

When the Solicitors' Bill 1954 was under con

sideration, the Society proposed to the Depart

ment of Justice that every solicitor should obtain

a University degree in Law and Arts before ad

mission. At that time the Government refused to

accede to the proposal. We hope that in view of

the report of the Commission on Higher Educa

tion more enlightened views may prevail.

Public Relations

I trust thhat you will forgive me in prefacing

my remarks on this subject by the observation that

although I am, as most of you know, actively en

gaged in politics, my attitude towards public con

troversies or discussion in which the Society may

become involved are motivated solely by the con

sideration of the interests of our profession and its

clients, and not by any party political viewpoint.

The Society has never engaged in politics. Its

membership includes solicitors of every political

party, and of none and it would be improper and

impermissible for the Society, its President or

officers to take part in political controversies when

speaking in their official capacity. Several matters

of this kind engaged the attention of the Council

during the year and I now refer to them only

briefly in passing. On the subject of the now

famous Marts Billl, the Society issued a statment

drawing attention to provisions in the Bill which

vested in the Minister for Agriculture the right to

issue or refuse to issue a licence to carry on a

livestock mart. The Council took the view that

this jurisdiction should be vested in the District

Court and not in the Minister. The principle of

licensing is a sound one, but they regard the Bill,

which has since become law, as the Livestock

65