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GAZETTE

JULY-AUGUST 1978

Education and Training of Solicitors

Apprentices

Some Comments on the New Law Course

Professor Richard Woulfe,

Director of Education,

Incorporated Law Society of Ireland

The publication in 1967 by the Society of Young

Solicitors of its report "The Education of a Solicitor"

opened a debate on the education and training of

solicitors in the Republic of Ireland. There had been a

growing body of criticism of the existing system which

allowed apprentices to qualify without any experience or

any adequate experience of the day to day practicalities of

being a solicitor. The publication in England in 1971 of

the Ormrod Report and of the Armitage Report in N.

Ireland in 1973 gave impetus to the move for reform

based on separating the academic stage from the practical

stage of legal education and training, with a buttressing of

apprenticeship as the traditional means of imparting legal

skills by introducing a practice orientated course of

intensive instruction by legal practitioners to impart to

apprentices the skills and procedures which they would

need in the early years of their professional lives. The first

step in the change was the introduction in 1975 of a

university degree as the normal method of entry to

apprenticeship. This change was taken further by the

Solicitors Acts 1954 and 1960 (Apprenticeship and

Education) Regulations 1975 (S.I. No. 66 of 1975) —

"the New Regulations" — under which the Incorporated

Law Society's new Law School has been set up with a

new course of instruction and new style final examination

and, subject to completion of the necessary statutory

instrument, a new fee structure. The first part of the Final

Examination uhder the new regulations is effectively an

entrance examination and will be held in December 1978

and each subsequent December, the subjects for

examination being Property, Contract, Tort,

Constitutional Law, Company Law and Criminal Law.

The Society recommends that intending apprentices,

other than 1975 and 1976 entrants to Irish University

Law Faculties, should not become bound as apprentices

until they have passed the Final Examination First Part

and thus secured a place in the Law School. Because of

uncertainly in the minds of some practitioners, it is as well

to re-state the qualifications for apprenticeship. Only the

following may become apprentices:—

(i) Persons holding a degree of Bachelor of Arts or

Bachelor of Law of an Irish or United Kingdom

University.

(ii) Persons holding a university degree or other

qualification which, in the opinion of the Society's

Education Committee in the particular case, is equivalent

to the degree referred to at paragraph (i).

(iii) Persons who have passed the Preliminary

Examinations of the Socity held in the year 1976 or in

any subsequent year.

(iv)Persons who have been exempted by the Society's

Education Committee from the Preliminary Examination.

Persons who have served as bona fide Law Clerks for

seven years or more prior to their application for

exemption may fall into this category.

School leavers are not eligible for entry to apprenticeship

The normal method of entry is by obtaining a

University Law Degree and subsequently passing the

Final Examination First Part: accordingly, school leavers

should apply for admission to the University of their

choice. Graduates in disciplines other than law will have

to spend a year studying die six subjects set in the Final

Examination First Part.

No person may, of course, become apprenticed until he

or she has passed the Society's First Irish Examination,

which examination has to be passed by all intending

apprentices irrespective of where they were born.

The student's remaining hurdle is to secure a master.

The Society's Education Committee will entertain

applications from solicitors of five years standing to take

an apprentice and also applications to take second

apprentices. Sole principals or partners in firms are asked

to take apprentices when possible and to notify the

Society of their willingness to do so.

Once apprenticed, the student embards on a half year's

Professional Course in the Society's new Law School at

Blackhall Place. The Law School will open its doors to

the first students under the new system in mid-February

1979 and the students will pursue a 9.00 a.m. to 5.00

p.m. five day a week course of study in the school until

the end of July 1979: the second of the professional

courses will, subject to demand, commence in early

September and finish in mid-February 1980. This

strange looking February-September-February cycle

arises because most students will be completing their final

degree examinations in September/October and the

entrance examination to the Law School will be in

December of each year. Furthermore, August has

traditionally been the principal vacation month for the

legal profession and the instruction in the new Law

School will be given almost entirely by Practising

solititors. These instructors will be divided into

Consultants and Tutors. The Consultants have been drawn

largely from members of the twelve sub committees

established early in 1977 each of which sub committees

considered a major area of practice and decided what

aspects of that area should be taught on the professional

course. These voluntary sub committees worked very

hard and have now moved on to the preparation of course

materials. The first group of Consultants — some 40 in

number — have already undergone ('enjoyed' might be

too coloured a word) a series of four week-end training

sessions at which the motto of the new Law School

"learning by doing" was applied. A typical instruction

module will have the Consultant prescribing the advance

reading which the student must do before the entire class,

and their tutors, gather in the assembly hall where the

Consultnat then demonstrates that skill stating his

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