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GAZETTE
APRIL 1986
Reciprocity of Qualifications and Employment Opportunities
Abroad
by
Professor R. Woulfe, Director of Education
A person admitted to the Roll of Solicitors in the Republic
of Ireland may practise as a solicitor only in the Republic
of Ireland and such a person will throughout this paper
be referred to as an 'Irish solicitor'.
United Kingdom
The existence of the Irish language requirement in order
to qualify as a solicitor in the Republic has effectively
barred moves towards reciprocity of qualification with
Northern Ireland and with England and Wales. A
solicitor qualified in any one of the three legal jurisdic-
tions within the United Kingdom (viz, England/Wales,
Scotland and Northern Ireland) may move to another
jurisdiction within the United Kingdom on taking an
examination in the Domestic Law particular to the
jurisdiction to which he or she wishes to move provided
that the applicant has had not less than 3 years practice
in their home jurisdiction. For example, a Northern
Ireland solicitor may be admitted in England/Wales on
passing only the Conveyancing paper in the English Law
Society's Final Examination while a Scottish solicitor
would have to pass the paper in Conveyancing, Wills,
Probate and Administration and in Family Law.
The exception to the general rule is Scotland. The
policy of the Law Society of Scotland is to relax their
admission requirements for any solicitor qualified for a
minimum of three years in any of the other jurisdictions
in the United Kingdom. For such solicitors, no training
period is required and they may proceed directly to admis-
sion as solicitors in Scotland on passing certain of the
Law Society of Scotland's examinations. Each case is
looked at on its merits, but in the main, the examina-
tions most commonly required for transferring solicitors
are Conveyancing, Evidence and Scots Private and
Criminal Law. Once admitted, such solicitors can
immediately hold a full Practising Certificate in Scotland
and this entitles them, for example, to set up in practice
on their own or to be assumed into partnership in an
existing firm.
An Irish solicitor wishing to be admitted to the Roll
of Solicitors in England and Wales must complete both
the academic and vocational stages of training. The
former may be completed by means of passing the Com-
mon Professional Examination in which the candidate
must take all six core subjects (namely Constitutional and
Administrative Law, Contract, Tort, Criminal Law, Land
Law and Trusts). Irish solicitors who have graduated with
a law degree from a univeristy in the Republic are nor-
mally entitled to exemption from some of the six core
subjects, notably Contract, Tort and Trusts. An appli-
cant who has obtained a law degree at Trinity College,
Dublin will be exempted from all the core subjects apart
from Land Law provided that he has passed examina-
tions in the equivalent subjects in the course of his degree.
Once the academic stage has been completed, a candidate
seeking admission to the Roll in England and Wales may
then embark on the vocational stage of training which
comprises one year on a full-time course leading to the
solicitor's Final Examination and service under articles
of clerkship (apprenticeship) for a two year period.
The Law Society of Northern Ireland appears to have
greater latitude under its legislation and tends to look at
each application individually and then prescribe the
admission requirements.
Enquiries should be made to:
(a) Secretary,
Law Society of Northern Ireland,
90/106 Victoria Street,
Belfast BT1 3JZ.
(b) Secretary (Legal Education),
(Law Society of Scotland,
26 Drumsheugh Gardens,
Edinburgh EH3 7YR.
(c) Secretary,
Education and Training Department,
The Law Society,
113 Chancery Lane,
London WC2A 1PL.
E.E.C.
A lawyer established in any E.E.C. country is entitled
to provide legal services in Ireland in accordance with the
E.E.C. Directive of 22nd March, 1977 which Directive
has been applied in Ireland by the European Communities
(Freedom to Provide Services) (Lawyers) Regulations
1979 SI No. 58 of 1979. Under these regulations a lawyer
established in another E.E.C country may provide pro-
fessional services in Ireland with the exception of certain
matters concerned with the Administration of Estates of
deceased persons and the drawing of formal documents
creating or transferring interests in land which functions
are reserved to Irish lawyers. The visiting lawyer will be
required to use the professional title which he uses in his
home country and, when representing a client in legal
proceedings, to work in conjunction with an Irish lawyer.
Reciprocal arrangements enabling Irish lawyers to carry
out certain legal functions in other E.E.C. countries are
in force. Enquiries should be made in the first instance
to the Office of the European Communities, 39 Moles-
worth Street, Dublin 2. A lawyer's identity card for use
in E.E.C. countries may be had by an Irish solicitor
holding a current Practising Certificate on application to
the Finance and Services Division of the Incorporated
Law Society of Ireland, Blackhall Place, Dublin 7.
The Commission of the European Communities offers
twice yearly stages with the Commission. Any solicitor
- or solicitor's apprentice - thinking of undertaking
in-service training in the Commission of the European
Communities should communicate in the first instance
with the European Commission Offices at 39 Molesworth
Street, Dublin 2.
Finally, and perhaps of most importance, with regard
to legal employment at home, the Education Officer
maintains an Employment Register on which Irish
solicitors seeking employment may enter their names.
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