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

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