its proposals for reform, would have reported to the
Minister by this time.
The problem of legal education is not peculiar to
this country and I know that our neighbours are
equally concerned about the problem of how to
train a would-be solicitor in the best interests of the
candidate, of the profession and of the public.
In England the Law Society are fortunate in that
the matter is one in their own hands and, therefore,
any decision for
improvement can rapidly be
arranged. I am hopeful that, as and when reform
comes, it will be accompanied by sufficient elasticity
to enable us for the future to keep this very important
matter steadily under review and up to date without
the necessity of amending legislation at every stage.
We are apt to think that education of lawyers
begins with the indentures of apprenticeship and
ends with the admission of the solicitor, apart from
the practical experience which can very often only
be learnt after practice has commenced. This is, of
course, quite fallacious and it is necessary for the
solicitor to continue his education by keeping
himself up to date with the law.
This is a problem which is not by any means
peculiar to Ireland and one which is becoming more
and more difficult. It is one that has to date largely
been left to the individual to work out for himself.
The programme of law reform initiated by the
Minister for Justice will, by itself, require many of
us to go back to school and learn our law all over
again in the form in which we shall have to apply it
for the future.
This will be a tremendous task and there is no
doubt that, for those of us who have been many
years in practice, it is going to be very difficult to
learn and remember details of new Acts which change
and modify the established practice on which we
have operated and which has become almost second
nature to us for long numbers of years. This problem
is linked with the lack of suitable text books and I
am hopeful that the Government will include as much
of the English law as they consider appropriate in
any amendments which they make here so as to
give us the benefit of English decisions and text
books. The recent Bills which have appeared seem
to suggest that this will be so, which will be of
considerable help to the practitioner.
How big the problem facing us is emphasised by
the fact that on 15th July last the Dail gave the first
reading to four major Bills, namely the Trade Marks
Bill, the Patents Bill, the Hotel Proprietors Bill and
the Companies Bill.
The Minister for Justice in his White Paper
indicated the programme of law reform which he
envisaged over that part of the law which comes
within the province of his Department and, of these
four Bills to which I have referred, only one, I
think, is sponsored by the Minister for Justice, so
that the remaining three are in addition to the
general programme of law reform.
The Council are much concerned with what I may
call " post-graduate " education and to the necessity
of assisting the members to keep up to date.
You all have already received notification of the
booklets on recent legislation which have been
sponsored by the Society. Two of these, namely;
Civil Liability Act
1961, and
The Law of Stamp
Duties,
have been published and I am glad to say
have been eagerly sought by members.
Three further booklets, namely
Administration of
Estates Act
1959,
Statute of Limitations,
1957 and
Married Womens Status Act
1957 are in various stages
of printing and should be available shortly.
These are a help but it is difficult to get anybody
ready and willing to undertake the task of writing
what is in fact a minor text book and if there is to
be a flood of legislation it will be impossible to keep
publications up to date.
I would like to see the Society arrange a series of
annual lectures for qualified solicitors to be given on
matters which have been the subject of legislative
change during the preceding year.
I, personally, feel that a lecture is more valuable
than a treatise—the spoken word is more effective
than any amount of print. I do realise that members
in the country might not find it convenient to attend
lectures in Dublin.
The Council would consider the possibility of
sponsoring such a series of lectures and would
welcome the views of the profession thereon as
there is little object in holding lectures which involve
the lecturer in considerable time in study and research
if there is to be little or no support for his effort.
We would also like to hear from Bar Associations
on the subject. I would have in mind the possibility
of having such lectures recorded on tape which
tapes could be circulated to any Bar Associations
which so wished, so enabling members to hear the
lectures locally. Further, I feel that such lectures
should be published and sold by the Society to
members on the lines of the booklets which have
already appeared.
It will be quite impossible for the practitioner
to keep in his mind full details of an ever-changing
law. It is his function, in so far as he can, to know the
general principles of the law,
to know where
changes have occurred, where there are traps for the
unwary and to know where to find his law.
I don't see how we can expect to master the
detail of the volume of new law which we anticipate
and I, personally, think that a series of lectures
giving us the very broad outlines and the necessary
5'5