The Gazette 1986

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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