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Ordinary General Meeting

An Ordinary General Meeting was held in the Old

Ground Hotel, Ennis, Co. Clare, on Saturday, 11 May

1974, at 9.15 a.m. The President took the Chair.

By permission of the meeting, the notice convening

the meeting was taken as read. The Director-General

read the minutes of the last ordinary meeting of the

Society which were duly signed.

Mr. McClancy, President of the Clare Solicitors Bar

Association, welcomed the members of the Society to

Co. Clare and hoped they would enjoy their stay in

Ennis.

On the proposal of Mr. Osborne, seconded by Mr. B.

St. J. Blake, the following members of the Society

were appointed as Scrutineers for the ballot for the

election of the Council for the year 1974/75 : Messrs.

R. J. Branigan, T. Jackson, B. P. McCormack, A. J.

McDonald and R. P. Tierney

ADDRESS BY MR. PETER D. M. PRENTICE,

PRESIDENT

Dear Colleagues,

My purpose this morning is to report progress on

developments in the Society's affairs in the six months

since the Annual Meeting last November. However,

since the occasion is a momentous one, I feel you will

bear with me if I concentrate on what has been the

major consideration of the Director General and the

Council in that period—the reform of our existing

system of legal education and training for persons

seeking to practice as soliictors.

The statutory functions in regard to the education

and training of persons seeking admission to the solici-

tors' profession are performed by the Incorporated Law

Society of Ireland. The Society's functions are derived

partly from the charters of 1852 and 1888 and partly

from the Solicitors Act, 1954.

Brief history of legal education

Historically the Society's functions in regard to legal

education and training date from the passing of the

Attorneys' and Solicitors' (Ireland) Act 1866. Before

1866 all solicitors were required to be members of the

Society of Kings' Inns by virtue of certain resolutions

passed by the Benchers in 1793. At that time there was

no statutory obligation on any professional body to

provide legal education either for barristers or solicitors.

By the statute 7 George II cap. 5 an applicant for

admission as an attorney was obliged to prove by affi-

davit that he had served apprenticeship of five years

and under the statute 13 and 14 George I II cap. 23

"moral examiners" had been appointed by the Courts,

but the examination was perfunctory and there was

no real test of the candidates' legal knowledge of attain-

ments. Between 1793 and 1866 the Council of the

Society, which had received a royal charter in 1852

sought to persuade the Benchers of the day to institute

a system of lectures and examinations and some sort of

system was instituted in 1860 but it was generally re-

garded as unsatisfactory and insufficient. By the Attor-

neys and Solicitors (Ireland) Act, 1866, passed at the

instance of the Society, solicitors were no longer require®

to be members of the King's Inns and the control of th

e

legal education and training of attorneys' apprentice

5

was transferred by the Society of the King's Inn to the

Law Society acting with the consent of the judges. The

matter was taken a step further by the Solicitors (I

re

*

land) Act, 1898 which transferred the rule making

functions in regard to legal education, examination

5

and the appointment of lecturers and examiners f

ro111

the Judges to the Society. Finally the Solicitors 'A

ct

1954 laid down the statutory requirements in regard t°

education and training and gave the Society a faim

wide rule-making power to deal with all necessary

matters regarding lectures, examinations and training

within the framework of the Act.

Solicitors 'Act very rigid and restrictive

The present educational requirements for

solicitor

5

are set out in the Solicitors' Acts 1954 and 1960 and the

Regulations made thereunder. They provide for

a

period of apprenticeship which shall be :

(a) Three Years for a person who holds a degree

Bachelor of Arts or degree which in the opinion

0

the Society is equivalent thereto in the NT/v"

University of Dublin or in any of the University

of Ireland, England, Scotland or Wales.

(b) four years for a person who, as a matriculated °

r

non-matriculated student of a prescribed univer-

sity, attends the prescribed lectures and pa

sse5

the prescribed examinations of the Law Faculty f°

r

a period of two collegiate years;

(c) three years for a bona fide clerk with seven y

eaf

'

service to a solicitor;

(d) five years for any other person.

The Act requires the Society to hold :

(1) a preliminary examination;

(2) a final examination which may be divided i

nt

°

two or more parts, now divided into three pad

5,

(3) a first and second Irish examination.

Under the Acts and present regulations, to be eligib^

for apprenticeship, the applicant must have a t t a in

the age of 17 years and have passed the Preliminatf

Examination and the First Irish Examination. ExeiflP'

tion from the Preliminary Examination is given in ca$

e>

where the applicant has matriculated in the app

r

°'

priate subjects.

To be eligible for admission to the Roll of Solicit

01

*'

under existing regulations the apprentice is requir

e

to have passed :

(1) First Law Examination,

(2) Second Law Examination,

(3) Third Law Examination,

(4) Examination in book-keeping,

(5) Second Irish Examination.

Under existing arrangements, the Society requ'

reS

apprentices to attend University lectures in P r o p e l

:

142