The Gazette 1988

GAZETTE

SEPTEMBER 1988

REPORT ON JOINT LEGAL

EDUCAT ION CONFERENCE

KINSALE - MAY 1988.

Reciprocity of qualification was the

mo st impo r t ant topic at this years

C o n f e r e n ce of t he E d u c a t i on

Authorities of the four Law Socie-

ties in Great Britain and Ireland.

It is a topic of major interest to

t he profession, especially to our

younger solicitors w h o w i sh to

seek emp l o yment in other jurisdic-

tions. It is of course also a subject

being considered by t he European

Commu n i ty but this Conference

was concerned w i t h the movement

be t ween England, Scotland, Ireland

and the North of Ireland. There is,

currently, a heavy demand for legal

personnel in t he sou th of England

and many of our young solicitors

have taken up legal wo rk there but

unfortunately, not as recognised

and qualified solicitors in England

and Wales.

The good news f r om t he Con-

f e r ence is t h at t he Edu c a t i on

Comm i t t ee of t he Law Societies

representing these four jurisdic-

tions are all firmly of t he v i ew t hat

there should be the ma x i mum ease

of mo v eme nt and recognition of

q u a l i f i c a t i o ns

w i t h i n

t h e se

jurisdictions. A nd w i t h t he objec-

tive of achieving such ease of

mo v eme nt a special sub -Commi t-

t e e has b e en e s t a b l i s h ed t o

consider and report on the mini-

m um requirements of each home

c oun t ry for a solicitor mo v i ng f r om

any of t he other jurisdictions.

It is intended to t ry and progress

this as quickly as possible and

independently of t he European

Commu n i ty requirements (while

bea r i ng t h e se r e q u i r eme n ts in

mind). From the Irish standpoint we

will be seeking to remove the major

obstacles of (1) t he c ompu l s o ry

Irish Examination (2) t he s t a t u t o ry

r e q u i r eme nt f or a t h r ee year

apprenticeship. This will require

certain changes in t he Solicitors'

Ac ts and, of course, t he approval of

t he Society. The problems in t he

other jurisdiction are d i f f e r ent and

do not require Ac ts of Parliament

but will require the approval of their

respective Law Societies. Mu ch

remains to be done but hopefully a

good start has been made.

Mu t ual Recognition

of Qualification

A t present solicitors f r om t he

Republic mo v i ng to t he o t her

jurisdictions have varying require-

men ts to meet. The English Law

Society gives little recognition to

t he Irish qualification and requires

c omp l e t i on of t he academic and

vocational stages of education and

t r a i n i ng a l t h o u gh

I r i sh

L aw

graduates are given exemp t i on

f r om c e r t a in s u b j e c ts in t he

Common Professional Examination.

All, however, mu st undergo a one

year full-time course before sitting

t he Final Examination and serve

under Ar t i c l es of Clerkship

before or after the one year course

- for a t w o year period. The

Sco t t i sh Law Society on t he other

hand, applies t he same require-

ments to English and Irish solicitors

of three years' standing. They can

be a dm i t t ed i mmed i a t e ly after

passing the Society's examinations

in Conveyancing, Evidence, Sco ts

Private Law and Scots Criminal

Law. The Northern Ireland Law

Society normally requires service

for one year in a solicitor's o f f i ce in

Northern Ireland as well as sitting

certain subjects as de t e rmi ned

f r o m t i me t o t i me by t h a t

jurisdiction.

Wh a t is n ow sought is agree-

m e n t on b a s ic

e x a m i n a t i on

requirements - not envisaged as

extensive - for transfer w i t h in t he

four jurisdictions w i t h little or no

service requirement in t he new

jurisdiction for those of three years'

standing. These service require-

ments are expected to cease in any

event after t he 1992 European

Commu n i ty Directive c omes into

force.

The Conference appointed a sub-

Comm i t t ee to advance t he recip-

r ocal a r r a n g eme n ts under t he

general t e rms of p r omo t i ng ease of

mo v eme nt w i t h t he specific tasks

of identifying wh at areas of practice

C O M P A N Y

S E C R E T A R I AL

C O N S U L T A NT

PETER H. QUINLAN

MBA, AITA

OFFERS

COMPLETE

COMPANY SERVICE

Advice on Corporate Procedures

Drafting of Resolutions and Minutes

Arrangement of Company Meetings

Searches and Updates of

Company Records

Filing Returns and Other Compliance

67 LANSDOWNE ROAD

DUBL IN 4

Tel.: (01)684245

SADSI

(Solicitors Apprentices

Debsting Society of

Irelsnd)

ELECTION

FOR THE POSITION

AUDI TOR

All interested candidates

must have their applications

proposed and seconded and

t hen lodged w i t h The L aw

Society

before

28 Oc t obe r,

1 9 8 8.

205