The Gazette 1961 - 64

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

Made with