S.I. No. 102/1995 -- Solicitors Acts, 1954 To 1994 (Apprenticeship and Education) (Amendment) Regulations, 1995.
S.I. No. 102/1995: SOLICITORS ACTS, 1954 to 1994 (APPRENTICESHIP AND EDUCATION) (AMENDMENT) REGULATIONS, 1995. |
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SOLICITORS ACTS, 1954 to 1994 (APPRENTICESHIP AND EDUCATION) (AMENDMENT) REGULATIONS, 1995. |
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The Law Society of Ireland, in exercise of the powers conferred on them by Part IV (as amended by Part V of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 HEREBY MAKE the following Regulations-- |
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1. ( a ) These Regulations may be cited as the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) (Amendment) Regulations, 1995. |
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( b ) These Regulations shall come into operation on the First day of May 1995. |
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( c ) The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1992 ( S.I. No. 9 of 1991 ), the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1992 ( S.I. No. 359 of 1992 ), the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment No. 2) Regulations, 1992 ( S.I. No. 360 of 1992 ), the Solicitor Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1993 ( S.I. No. 320 of 1993 ) and these Regulations may be cited together as the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1995, and shall be construed together as one set of Regulations. |
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2. In these Regulations-- |
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"the Act" means the Solicitors Act, 1954 (No. 36 of 1954); |
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"the Act of 1960" means the Solicitors (Amendment) act, 1960 (No. 37 of 1960); |
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"the Act of 1994" means the Solicitors (Amendment) Act, 1994 (No. 27 of 1994); |
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"the 1991 Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 ( S.I. No. 9 of 1991 ); |
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"the 1992 (Amendment) Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1992 (S.I. 359 of 1992); |
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"the 1992 (Amendment No. 2) Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment No. 2) Regulations, 1992 ( S.I. No. 360 of 1992 ); |
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"the 1993 (Amendment) Regulations" means the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) (Amendment) Regulations, 1993 ( S.I. No. 320 of 1993 ); |
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"commencement date" means, in relation to a person who is required pursuant to Part IV of the Act (as amended by Part V of the Act of 1994) to be bound by indentures of apprenticeship to a practising solicitor, the date that is fourteen days after the date on which the later of the following occurs, namely-- |
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( a ) such person duly completing the Professional Course or such part of the Professional Course as he has not been duly exempted from by the Committee; and |
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( b ) such person sitting the last of the individual examinations comprising the Final Examination -- Second Part as he is required to sit and has not been duly exempted from by the Committee; |
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"he" and other cognate words denoting the masculine shall also include "she" and other cognate words denoting the feminine; |
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"practising solicitor" has the meaning assigned to it by section 29 (5) (as substituted by the Act of 1994) of the Act; |
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"the society" means the Law Society of Ireland. |
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( b ) In any amendment by substitution of the 1991 Regulations made by these Regulations, these Regulations may be referred to as "the 1995 Regulations". |
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( c ) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts, 1954 to 1994 and the 1991 Regulations. |
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( d ) Words and phrases to which meanings have been assigned by the 1991 Regulations shall have those meanings subject to any variation in meaning or wording thereto consequent on the passing of the Act of 1994. |
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( e ) The Interpretation Act, 1937 shall apply for the purpose of the interpretation of the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulation, 1991 to 1995, as it applies for the purpose of the interpretation of an act of the Oireachtas, except insofar as it may be inconsistent with the Act, the Act of 1960, the Act of 1994 or the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1991 to 1995. |
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3. Regulation 3 of the 1991 Regulations is hereby amended by: |
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( a ) the deletion of the definition of "apprentice" and the substitution therefor of the following: |
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" 'apprentice' means a person whose name has been entered in the Register of Apprentices and who has commenced his period of in-office training, and includes a person who has completed his period of in-office training but who has not yet been admitted as a solicitor; and, for the purposes of Regulation 26, also includes a person seeking to be admitted as a solicitor from the time he sits the First Irish Examination up to the time he is admitted as a solicitor;" |
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( b ) the deletion of the definition of "master" and the substitution therefor of the following: |
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" 'master' means a practising solicitor to whom an apprentice has been bound by indentures of apprenticeship (which have been registered in the Register of Apprentices following the issue of a written consent of the Society under Regulation 9 or Regulation 10, both as substituted by the 1995 Regulations) to serve as an apprentice for a period of in-office training and where the period of in-office training has commenced; AND "intended master" means a practising solicitor with whom a person has executed indentures of apprenticeship (which have been registered in the Register of Apprentices following the issue of a written consent of the Society under Regulation 9 or Regulation 10, both as substituted by the 1995 Regulations) to serve as an apprentice for a period of in-office training but where the period of in-office training has not yet commenced;" |
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( c ) the deletion of the definition of "in-office training" and the substitution therefor of the following: |
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" 'period of in-office training' means the period of attendance on a continuous and wholetime basis by an apprentice at the office of his master pursuant to Regulation 21 (a) (as substituted by the 1995 Regulations);" |
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( d ) the deletion of the definition of "recognised university" and the substitution therefor of the following: |
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" 'recognised degree' means a degree from any of the universities of Ireland, England, Scotland or Wales or a degree conferred or recognised by the National Council for Educational Awards under section 3 of the National Council for Educational Awards Act, 1979 ;" |
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4. The 1991 Regulations (as amended by the 1992 (Amendment) Regulations) are hereby amended by the substitution of the following for Regulation 8: |
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"8. A person seeking the consent of the Society to be bound by indentures of apprenticeship to a practising solicitor shall first: |
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( a ) have passed the First Irish Examination provided for in section 40 (3) (a) of the Act; and |
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( b ) have passed the Preliminary Examination, or been exempted therefrom by reason of: |
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(i) holding a recognised degree; or |
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(ii) holding a degree (not being an honorary degree) or other qualification which, in the opinion of the Committee in the particular case, is equivalent to a recognised degree; or |
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(iii) holding the degree of barrister-at-law from the Honourable Society of King's Inns, Dublin, or other professional qualification which, in the opinion of the Committee in the particular case, is equivalent thereto; or |
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(iv) having satisfied the Society that he is a law clerk within the meaning of section 26 (3) (as substituted by section 42 of the Act of 1994) of the Act and, in the opinion of the Committee in the particular case, is a person who has attained a standard of education and experience which is equivalent to the Preliminary Examination; and |
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( c ) have passed the Final Examination -- First Part or been exempted therefrom pursuant to Regulation 15 or Regulation 24." |
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5. ( a ) The Second Schedule to the 1991 Regulations is hereby amended by the substitution therefor of the Schedule to these Regulations. |
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( b ) The Apprendix to the 1991 Regulations is hereby amended by the substitution therefor of the Appendix to these Regulations. |
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6. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 9: |
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"9. ( a ) A person who satisfies the requirements of Regulation 8 (hereinafter in this Regulation referred to as "the applicant") may apply to the Committee for consent to be bound by indentures of apprenticeship to a named practising solicitor (hereinafter in this Regulation referred to as "the proposed master"), and to do so shall furnish to the Society the following: |
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(i) an application for consent to enter into indentures of apprenticeship in the form set forth in Form 1 in the Schedule to the 1995 Regulations; |
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(ii) an official copy of the certificate of birth of the applicant; |
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(iii) evidence in a form acceptable to the Committee that the applicant has satisfied the requirements of Regulation 8; |
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(iv) evidence in a form acceptable to the Committee of the applicant's previous education and employment record and of his character; and |
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(v) a certificate of the proposed master in the form set forth in Form 2 in the Schedule to the 1995 Regulations. |
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( b ) The Committee may require the applicant to attend for interview (by such person or persons as is or are nominated by the Committee for that purpose) in exercise by the Society of their powers pursuant to the provisions of section 27 (as substituted by section 43 of the Act of 1994) of the Act. |
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( c ) The Committee may require the proposed master to attend for interview (by such person or persons as is or are nominated by the Committee for the purpose) in exercise by the Society of their powers pursuant to the provisions of section 29 (as substituted by section 44 of the Act of 1994), 31 and 40 (2) of the Act (or anyone or more of them). |
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( d ) Where the Committee is satisfied with the application, certificates and evidence furnished by the applicant pursuant to clause (a) of this Regulation and with the information obtained from any enquiries that the Committee may deem it proper to make (including information obtained from any interview or interviews conducted pursuant to clauses (b) and (c) of this Regulations), the Society shall issue their written consent to the applicant becoming bound by indentures of apprenticeship to the proposed master. |
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( e ) Within a period of not more than six months from the date of issue of a written consent of the Society pursuant to clause (d) of this Regulation, the applicant shall produce to the Registrar the following: |
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(i) the written consent of the Society as issued pursuant to clause (d) of this Regulation; |
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(ii) indentures of apprenticeship in the form set forth in Form 3 in the Schedule to the 1995 Regulations executed by both the applicant and the intended master: |
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(iii) a statutory declaration by the intended master in the form set forth in Form 4 in the Second Schedule to the 1995 Regulations; and |
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(iv) the prescribed fees. |
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( f ) On due receipt of the documents and prescribed fees set forth in clause (e) of this Regulation, the Registrar shall enter in the Register of Apprentices the names and addresses of the parties to such indentures of apprenticeship, the date thereof and the date of the making of such entry". |
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7. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 10: |
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"10. ( a ) An apprentice, to whom sections 32 (as substituted by section 45 of the Act of 1994), 33 (as substituted by section 46 of the Act of 1994), 34 and 35 of the Act (or any one or more of them) apply, may apply to the Committee for consent to be bound by an assignment of his indentures of apprenticeship, or by fresh indentures of apprenticeship, to another practising solicitor (hereinafter in this Regulation referred to as "the other proposed master") for the residue of the term for which the apprentice is so bound; provided that, in respect of an apprentice bound by indentures of apprenticeship which have come into effect prior to the coming into operation of the 1995 Regulations, the residue of such terms shall not exceed the period of two years commencing on the date of coming into operation of these Regulations. |
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( b ) In making an application to the Committee for consent to be bound by an assignment of his indentures of apprenticeship or by fresh indentures of apprenticeship, the apprentice shall furnish to the Committee the following: |
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(i) a statement of the circumstances giving rise to such application; and |
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(ii) a letter of consent to the application from the other proposed master. |
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( c ) Insofar as the Committee deems it reasonable and appropriate, the provisions of Regulation 9 (b) and (c) (as substituted by the 1995 Regulations) of these Regulations shall apply in relation to an application made pursuant to clause (a) of this Regulation. |
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( d ) Where the Committee is satisfied with an application made pursuant to clauses (a) and (b) of this Regulation and with the information obtained from any enquiries that the Committee may deem it proper to make (including information obtained from any interview or interviews conducted pursuant to clause (c) of this Regulation), the Society shall issue their written consent unconditionally or subject to such conditions as the Committee may deem reasonable and appropriate. |
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( e ) Within a period of not more than two months from the date of issue of written consent of the Society pursuant to clause (d) of this Regulation and subject as may be appropriate to due compliance with any condition or conditions attached to the issuing of such written consent, the apprentice shall produce to the Registrar an appropriate form of assignment of such indentures of apprenticeship, or fresh indentures of apprenticeship (in the form set forth in Form 3 in the Schedule to the 1995 Regulations), as the case may be, duly executed by both the apprentice and the other intended master; and, on due receipt thereof, the Registrar shall cause to be entered in the Register of Apprentices the names and addressees of the parties to such assignement or such fresh indentures of apprenticeship, the date thereof, and the date of making of such entry." |
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8. ( a ) From the date of coming into operation of these Regulations, the term of service under indentures of apprenticeship of a person required pursuant to Part IV of the Act (as amended by Part V of the Act of 1994) to be bound by indentures of apprenticeship to a practising solicitor shall be two years commencing on the commencement date. |
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( b ) Subject to the provisions of Regulation 27 (b) (as substituted by these Regulations) of the 1991 Regulations, an apprentice bound by indentures of apprenticeship to a master at the date of coming into operation of these Regulations shall-- |
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(i) to the extent that the unexpired term of such indentures of apprenticeship exceeds two years, be deemed to be an apprentice bound by indentures of apprenticeship to the master concerned for the term of two years commencing on the date of coming into operation of these Regulations; or |
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(ii) to the extent that the unexpired term of such indentures of apprenticeship does not exceed two years, serve out the remaining term of service under such indentures of apprenticeship. |
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( c ) The provisions of clauses (a) and (b) of this Regulation shall apply without prejudice to the obligation of the person or apprentice concerned to comply with the requirements for admission as a solicitor applicable to him as set forth in section 24 (as substituted by section 40 of the Act of 1994) of the Act and Regulation 27 (as substituted by these Regulations) of the 1991 Regulations; and the appropriate term in relation to such indentures of apprenticeship for the purposes of section 24 (1) (b) (as so substituted) of the Act shall be construed having regard to the provisions of clauses (a) and (b) of this Regulation. |
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( d ) Where application is made, pursuant to Regulation 9 or Regulation 10 (both as substituted by these Regulations) of the 1991 Regulations, by a person required to be bound by indentures of apprenticeship for consent to becoming bound by indentures of apprenticeship (or by an assignement of indentures of apprenticeship) to a practising solicitor, the Committee shall not refuse such consent to such person and the Registrar shall not refuse to register such indentures of apprenticeship (or such assignement of indentures of apprenticeship), solely on the ground that the practising solicitor concerned has (at the time of such application) already bound to him by indentures of apprenticeship a number of apprentices equal to the greatest number permitted under the provisions of section 36 (as substituted by section 47 of the Act of 1994) of the Act, where the Committee believes that in the anticipated order of things the practising solicitor concerned will not have bound to him by indentures of apprenticeship a number of apprentices equal to the greatest number permitted under the provisions of section 36 (as so substituted) of the Act as at the commencement date. |
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( e ) The Committee, on the application of a person who becomes bound by indentures of apprenticeship after the coming into operation of these Regulations and where it regards it as reasonable and appropriate so to do having regard to all the circumstances in the particular case, may deem a period (up to a maximum period of three months) of attendance by such person at the office of his intended master or at the office of another practising solicitor prior to such person commencing the Professional Course to be equivalent to a period of in-office training served by such person as an apprentice after he has duly completed at least eighteen months of his period of in-office training. |
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( f ) Any period of in-office training duly served by an apprentice to whom clause (b) (i) or (b) (ii) of this Regulation applies after his completing the Professional Course and prior to the coming into operation of these Regulations shall be deemed to be a period of in-office training duly served by such apprentice after the coming into operation of these Regulations. |
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( g ) In clause (a) of this Regulation, "term of service under indentures of apprenticeship" means period of in-office training. |
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9. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 18: |
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"18. ( a ) Subject to Regulation 16 (as amended by the 1992 (Amendment No. 2) Regulations), a person, who has passed the Final Examination -- First Part or been exempted therefrom pursuant to Regulation 15 (as substituted by the 1992 (Amendment No. 2) Regulations and as amended by the 1993 (Amendment) Regulations) or Regulation 24 (as substituted by the 1995 Regulations), shall be entitled to apply to be admitted to the Law School to attend the Professional Course subject to prior compliance with Regulations 8 and 9 (and, if appropriate, Regulation 10) and clause (b) of this Regulation (all as substituted by the 1995 Regulations) and subject to payment of the prescribed fees. |
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( b ) When a person applies pursuant to clause (a) of this Regulation to be admitted to the Law School to attend the Professional Course, such a person shall produce to the Society written evidence that provision will exist for him to obtain his period of in-office training pursuant to Regulation 21 (a) (as substituted by the 1995 Regulations) commencing on the commencement date." |
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10. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 19: |
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"19. ( a ) The Professional Course means the first vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to the 1995 Regulations as are specified by the Committee, together with such additional subjects as may be specified from time to time by the Committee. |
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( b ) A person who has complied with the provisions of Regulation 18 (as substituted by the 1995 Regulations) shall be required to attend the Professional Course at such time and for such period as shall be determined and duly notified to him by the Committee." |
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11. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 20: |
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"20. ( a ) The Final Examination -- Second Part (which may be in one or more sections) shall be held during or after each Professional Course. |
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( b ) The individual examinations comprising the Final Examination -- Second Part shall be those specified from time to time by the Committee from amongst the subjects set forth in the Appendix to the 1995 Regulations and such additional subjects as may be specified from time to time by the Committee. |
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( c ) The pass mark shall be 50% in each individual examination comprising the Final Examination -- Second Part. |
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( d ) The Committee shall take all reasonable and appropriate steps to procure that-- |
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(i) as soon as practicable after the conclusion of each individual examination comprising the Final Examination -- Second Part, the results thereof are to hand and are communicated to each examination candidate concerned; and |
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(ii) as soon as practicable after the conclusion of all the individual examinations comprising the Final Examination -- Second Part, the overall results of the Final Examination -- Second Part are declared by the Committee. |
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( e ) An apprentice or other person who does not pass any one or more of the individual examinations comprising the Final Examination -- Second Part shall not be declared by the Committee to have passed the Final Examination -- Second Part. |
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( f ) (i) The Committee shall procure that a person, who has duly attended the Professional Course and has sat the individual examinations comprising the Final Examination -- Second Part but who has not been declared by the Committee to have passed the Final Examination -- Second Part by reason of not having passed any one or more of the individual examinations comprising the Final Examination -- Second Part, shall, subject to sub-clause (ii) of this clause, be reasonably provided with the opportunity of re-sitting such individual examination or examinations as he is required by the Committee to re-sit (whether during his period of in-office training or following the completion thereof) within a period of not more than six months after his having previously sat and not passed the individual examination or examinations in question; |
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(ii) Where the format or content of an individual examinatin or examinations comprising the Final Examination -- Second Part has been changed (whether by addition, deletion, substitution or amalgamation of subjects), the Committee, in its discretion, may direct that a person who is required to re-sit one or more individual examinations by reason of not having passed same in a previous sitting of the Final Examination-- Second Part, shall sit (or re-sit) an individual examination or examinations designated by the Committee which is (or are), in the opinion of the Committee, as near as may be equivalent to the individual examination or examinations he had not passed in the previous sitting of the Final Examination -- Second Part in question. |
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( g ) A person to whom clause (f) of this Regulation applies-- |
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(i) shall, subject to sub-clause (ii) of clause (f), be required to pass each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination -- Second Part; and |
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(ii) may, if required and subject to sub-clause (ii) of clause (f), re-sit more than once the one or more of the individual examinations in question (whether during his period of in-office training or following the completion thereof). |
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( h ) The Committee shall, on the application of either an apprentice to whom clause (f) of this Regulation applies or his master, adjudicate on any dispute arising between the apprentice and his master by reason of the apprentice, during his period of in-office training, having to take time off to prepare for the re-sitting of one or more of the individual examinations comprising the Final Examination -- Second Part." |
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12. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 21: |
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"21. ( a ) An apprentice shall, subject to clause (b) of this Regulation and to Regulation 22 (c) (as substituted by the 1995 Regulations), be required to attend on a continuous and wholetime basis at the office of his master for a period of two years, commencing on the commencement date, for the purpose of serving a bona fide apprenticeship; including receiving due instruction and obtaining experience in the practice of law and in the practice and profession of a solicitor, as more particularly specified in the form of indentures of apprenticeship set forth in Form 3 in the Schedule to the 1995 Regulations. |
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( b ) Notwithstanding the provisions of clause (a) of this Regulation, an apprentice may, with the prior consent in writing of his master and of the Committee, during his period of in-office training for a duration of time not exceeding six months, hold an office or engage in employment in Ireland or abroad, which, in the opinion of the Committee in the particular case, would be advantageous to such apprentice in the furtherance of his education or training (or both) and his preparation for admission to the solicitors' profession. |
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( c ) Subject to Regulation 22 (c), an apprentice shall not be entitled to be admitted to the Law School to attend the Advanced Course if he has not, in the opinion of the Committee in the particular case, duly completed his period of in-office training. |
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( d ) The Committee may request an apprentice or his master (or both) to attend for interview (whether separately or together) before the Committee for the purpose of reviewing any aspect of the period of in-office training of the apprentice. |
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( e ) Where the Committee is not satisfied as to the adequacy of the period of in-office training of the apprentice, the Committee may require the apprentice to attend for a further period of in-office training either at the office of his master or at the office of another practising solicitor nominated by the apprentice or his master or the Society and approved by the Committee. |
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( f ) Where, following upon an interview conducted pursuant to clause (d) of this Regulation, the Committee is 'prima facie' of opinion that a master has unjustifiably failed to comply with his covenants and agreements with an apprentice contained in the indentures of apprenticeship executed by both the master and the apprentice, the Society may make application to the Disciplinary Tribunal pursuant to section 7 (as substituted by section 17 of the Act of 1994) of the Act of 1960 for an inquiry into the conduct of the master in that regard on the ground of alleged misconduct. |
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( g ) Where, following upon an interview conducted pursuant to clause (d) of this Regulation, the Committee is 'prima facie' of opinion that an apprentice has unjustifiably failed to comply with his covenants and agreements with his master contained in the indentures of apprenticeship executed by both the apprentice and his master, the Committee may decide to enter upon a consideration of the matter as if it were a complaint of alleged misconduct made against the apprentice pursuant to Regulation 26 and, upon the Committee so deciding, the matter shall then proceed in accordance with the provisions of Regulation 26." |
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13. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 22: |
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"22. ( a ) The Advanced Course means the second vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to the 1995 Regulations as are specified from time to time by the Committee, together with such additional subjects as may be specified from time to time by the Committee. |
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( b ) An apprentice, who has been declared by the Committee to have passed the Final Examination-- Second Part and has duly completed his period of in-office training pursuant to Regulation 21, shall be entitled to be admitted to the Law School to attend the Advanced Course and shall be required to attend the Advanced Course at such time and for such period as shall be determined and duly notified to him by the Committee. |
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( c ) Notwithstanding the provisions of Regulation 21 (a) and clause (b) of this regulation, an apprentice may, with the prior consent in writing of his master (such consent not to be unreasonably withheld) and subject to otherwise complying with the provisions of clause (d) of this Regulation, attend the Advanced Course on a full-time release basis during his period of in-office training, provided that the apprentice has, at the date of commencement of the Advanced Course in question, duly completed at least eighteen months of his period of in-office training. |
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( d ) An apprentice who complies with the provisions of clause (b) of this Regulation shall, before being admitted to the Advanced Course, furnish evidence of service of his period of in-office training by submitting to the Society: |
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(i) A statutory declaration by his master in the form set forth in Form 5 in the Schedule to the 1995 Regulations; and |
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(ii) A statutory declaration by the apprentice in the form set forth in Form 6 in the Schedule to the 1995 Regulations." |
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14. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 23: |
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"23. ( a ) The Final Examination -- Third Part (which may be in one or more sections) shall be held during or after each Advanced Course. |
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( b ) The individual examinations comprising the Final Examination -- Third Part shall be those specified from time to time by the Committee from amongst the subjects set forth in the Appendix to the 1995 Regulations and such additional subjects as may be specified from time to time by the Committee. |
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( c ) The pass mark shall be 50 per cent in each individual examination comprising the Final Examination -- Third Part". |
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( d ) The Committee shall take all reasonable and appropriate steps to procure that-- |
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(i) as soon as practicable after the conclusion of each individual examination comprising the Final Examination -- Third Part, the results thereof are to hand and are communicated to each examination candidate concerned, and |
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(ii) as soon as practicable after the conclusion of all the individual examinations comprising the Final Examination -- Third Part, the overall results of the Final Examination -- Third Part are declared by the Committee. |
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( e ) A person who does not pass any one or more of the individual examinations comprising the Final Examination -- Third Part shall not be declared by the Committee to have passed the Final Examination -- Third Part. |
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( f ) (i) The Committee shall procure that an apprentice or other person, who has duly attended the Advanced Course and has sat the individual examinations comprising the Final Examination -- Third Part but who has not been declared by the Committee to have passed the Final Examination -- Third Part by reason of not having passed any one or more of the individual examinations comprising the Final Examination -- Third Part, shall, subject to sub-clause (ii) of this clause, be reasonably provided with the opportunity of re-sitting such individual examination or examinations as he is required by the Committee to re-sit within a period of not more than six months after his having previously sat and not passed the individual examination or examinations in question. |
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(ii) Where the format or content of an individual examination or examinations comprising the Final Examination -- Third Part has been changed (whether by addition, deletion, substitution or amalgamation of subjects), the Committee, in its discretion, may direct that a person who is required to re-sit one or more individual examinations by reason of not having passed same in a previous sitting of the Final Examination -- Third Part, shall sit (or re-sit) an individual examination or examinations designated by the Committee which is (or are), in the opinion of the committee, as near as may be equivalent to the individual examination or examinations he had not passed in the previous sitting of the Final Examination -- Third Part in question. |
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( g ) A person to whom clause (f) of this Regulation applies-- |
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(i) shall, subject to sub-clause (ii) of clause (f), be required to pass each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination-- Third Part; |
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(ii) may, if required and subject to sub-clause (ii) of clause (f), re-sit more than once the one or more of the individual examinations in question." |
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15. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 24: |
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"24. Without prejudice to the generality of the provisions of sections 43 (as substituted by section 51 of the Act of 1994) and 44 (as substituted by section 52 of the Act of 1994) of the Act and section 80 of the Act of 1994, the Committee may, in its discretion, exempt from the Final Examination or any part thereof, or from any individual examination or examinations comprising the Final Examination or any part thereof, the following: |
||||||||||
( a ) A person who has been called to the bar of Ireland; or |
||||||||||
( b ) A person who is a solicitor in another jurisdiction; or |
||||||||||
( c ) A person who is a member of a profession in another jurisdiction which, in the opinion of the Committee in the particular case, corresponds substantially to the profession of solicitor; or |
||||||||||
( d ) A person with a record of distinguished legal academic achievement." |
||||||||||
16. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 25: |
||||||||||
"25. Without prejudice to the generality of section 43 (3) (as substituted by the Act of 1994) of the Act, a person who has been called to the bar of Ireland and has practised as a barrister in the State at some time for a continuous period of at least three years, or is deemed pursuant to section 43 (6) (as substituted by the Act of 1994) of the Act to have so practised at some time for a similar continuous period, shall be required: |
||||||||||
( a ) to attend the Professional Course or such parts of the Professional Course as he has not been exempted from by the committee; |
||||||||||
( b ) to attend on a continuous and wholetime basis at the office of a practising solicitor nominated by such person and approved by the Committee for a total period of at least six months for the purpose of receiving due instruction and obtaining experience in the practice and profession of a solicitor; and |
||||||||||
( c ) to attend the Advanced Course or such parts of the Advanced Course as he has not been exempted from by the Committee." |
||||||||||
17. The 1991 Regulations are hereby amended by the substitution of the following for Regulation 27: |
||||||||||
"27. ( a ) Subject to the provisions of the Act (as amended by the Act of 1994) and to the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1991 to 1995, a person shall not be admitted as a solicitor unless: |
||||||||||
(i) he has duly attended (or been duly exempted from so attending) the Professional Course and the Advanced Course; and |
||||||||||
(ii) he has duly passed (or been exempted in whole or in part from passing) each of the examinations specified in the Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1991 to 1995; and |
||||||||||
(iii) he has duly completed a period of in-office training; and |
||||||||||
(iv) He has satisfied the Society that he is a fit and proper person to be admitted as a solicitor. |
||||||||||
( b ) An apprentice to whom Regulation 8 (b) (i) or (b) (ii) of the 1995 Regulations applies, who has duly completed a period of at least eighteen months of in-office training between his completing the Professional Course and his having been admitted to the Advanced Course, shall-- |
||||||||||
(i) be deemed to have duly completed a period of in-office training pursuant to sub-clause (iii) of clause (a) of this Regulation; and |
||||||||||
(ii) be deemed to have duly served his term of service under indentures of apprenticeship upon his duly complying with the provisions of sub-clauses (i), (ii) and (iv) of clause (a) of this Regulation." |
||||||||||
18. Regulation 29 of the 1991 Regulations is hereby rescinded. |
||||||||||
Dated this 12th day of April, 1995. |
||||||||||
Signed on behalf of the Law Society of Ireland pursuant to section 79 of the Solicitors Act, 1954 : |
||||||||||
PATRICK A. GLYNN, |
||||||||||
President of the Law Society of Ireland. |
||||||||||
I concur, to the extent required pursuant to Section 40 (7) (as inserted by the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 , with the making of the within Regulations. |
||||||||||
Dated this 26th day of April, 1995. |
||||||||||
NORA OWEN, T.D. |
||||||||||
Minister for Justice. |
||||||||||
APPENDIX. |
||||||||||
Accountancy. |
||||||||||
Advocacy. |
||||||||||
Commercial Law. |
||||||||||
Company Law. |
||||||||||
Conveyancing. |
||||||||||
Criminal Law and Procedure. |
||||||||||
Employment Law. |
||||||||||
European Union Law. |
||||||||||
Evidence. |
||||||||||
Family Law. |
||||||||||
Human Rights. |
||||||||||
Insolvency Law. |
||||||||||
Intellectual Property Law. |
||||||||||
Investment/Finance Management. |
||||||||||
Landlord and Tenant Law. |
||||||||||
Law of Trusts. |
||||||||||
Lawyers' Skills, including Interviewing, Research, Drafting and Negotiation. |
||||||||||
Litigation. |
||||||||||
Management. |
||||||||||
Partnership Law. |
||||||||||
Pensions Law. |
||||||||||
Planning and Environmental Law. |
||||||||||
Professional Conduct. |
||||||||||
Revenue Law and Taxation. |
||||||||||
Social Welfare Law. |
||||||||||
Wills, Probate and Administration of Estates. |
||||||||||
SCHEDULE |
||||||||||
FORM 1. |
||||||||||
APPLICATION FOR CONSENT TO ENTER INTO INDENTURES OF APPRENTICESHIP. |
||||||||||
I ............................................................ ............................................................ .......... of............................................................ ............................................................ ......... |
||||||||||
in the County of............................................................ ................. hereby apply to the Law Society of Ireland ("the Society") for consent to enter into indentures of apprenticeship with .................. , Solicitor, of .................. in the County of ................... , for a term of service thereunder of two years to commence on the date that will be fourteen days after the date on which the later of the following occurs, namely, my duly completing the Society's Professional Course and my sitting the last of the individual examinations comprising the Society's Final Examination-- Second Part as I will be required to sit. |
||||||||||
1. I was born on the .................. day of ................ 19 ............... . |
||||||||||
(Official copy of my birth certificate attached). |
||||||||||
2. I passed the Society's First Irish Examination in 19 ............ |
||||||||||
(Evidence attached). |
||||||||||
3. I passed the Society's Preliminary Examination in 19 ....... |
||||||||||
(Evidence attached). |
||||||||||
or |
||||||||||
I am exempted from sitting the Society's Preliminary Examination by reason of holding a recognised degree.* (Certified copy of degree attached). |
||||||||||
or |
||||||||||
I am exempted from sitting the Society's Preliminary Examination by reason of holding a degree (not being an honorary degree) or other qualification which, in the opinion of the Society's Education Committee in the particular case, is equivalent to a recognised degree. (Certified copy of degree, and written confirmation of the decision of the Society's Education Committee of its equivalence to a recognised degree, attached). |
||||||||||
*A 'recognised degree' means a degree from any of the universities of Ireland, England, Scotland or Wales, or a degree conferred or recognised by the National Council for Educational Awards under section 3 of the National Council for Educational Awards Act, 1979 . |
||||||||||
or |
||||||||||
I am exempted by reason of being a law clerk within the meaning of Section 26 (3) (as substituted by section 42 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 and I have attained a standard of education and experience as, in the opinion of the Society's Education Committee in the particular case, is equivalent to the Society's Preliminary Examination. |
||||||||||
(Copy of written confirmation of the decision of the Society's Education Committee in that regard attached). |
||||||||||
4. I passed the Society's Final Examination -- First Part in 19 ......... . |
||||||||||
(Evidence attached). |
||||||||||
or |
||||||||||
I am exempted from the Society's Final Examination -- First Part pursuant to Regulation 15 (as substituted by S.I. No. 360 of 1992 and amended by S.I. No. 320 of 1993 ) of the Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 (S.I. 9 of 1991).** |
||||||||||
(Documentary evidence of eligibility for such exemption attached). |
||||||||||
5. My previous education record is as set forth in the attached certificate signed by me. |
||||||||||
(The attached certificate should give details of primary, secondary and university education and public examination(s) passed and degree(s) obtained). |
||||||||||
6. My previous employment record is as set forth in the attached certificate signed by me. |
||||||||||
(Attached certificate should give details of name and address of each employer, applicant's occupation in each employment and period of each employment). |
||||||||||
**Regulation 15 of S.I. No. 9 of 1991 (as substituted by S.I. No. 360 of 1992 and amended by S.I. No. 320 of 1993 ) provides for an exemption from the Society's Final Examination -- First Part for a person who has passed, as part of an appropriate degree course, university examinations in each of the subjects comprising the Final Examination -- First Part and has achieved a standard specified by the Society's Education Committee in a degree in law granted by one of the following universities, namely, the University of Dublin, the National University of Ireland (through one of its constituent colleges. University College Cork, University College Dublin or University College Galway), the University of Limerick, or Dublin City University. |
||||||||||
of each employer, applicant's occupation in each employment and period of each employment). |
||||||||||
7. I attach character references from: |
||||||||||
|
||||||||||
(At least two character references should accompany this application in addition to the character reference contained in the accompanying certificate of the proposed master, but other character references may be requested by the Society's Education Committee). |
||||||||||
8. I have not been convicted of any crime, nor has the Probation of Offenders Act, 1907 been applied to any charge against me, nor is there any criminal charge pending against me (other than as attached).(Delete words in brackets, if inapplicable). |
||||||||||
9. I hereby authorise the Society to make such enquiries as they deem it proper to make in exercise of their powers in that regard pursuant to the provisions of section 27 (as substituted by section 43 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 . |
||||||||||
Dated this ..... day of ............. 19 ..... . |
||||||||||
Signature of Applicant ..................... . |
||||||||||
FORM 2. |
||||||||||
CERTIFICATE OF PROPOSED MASTER. |
||||||||||
I , ............................................................ ............................................................ ........ |
||||||||||
of ,............................................................ ............................................................ ....... |
||||||||||
in the County of ........... , Solicitor HEREBY CERTIFY as follows: |
||||||||||
1. I am a practising solicitor within the meaning of Section 29 (5) (as substituted by Section 44 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 * and I have at some time been in continuous practice as a solicitor for a period of at least five years. |
||||||||||
2. I hold a current practising certificate and have been in continuous practice as a solicitor for a period of ............ years next prior to the date of this certificate. |
||||||||||
3. I have, as of the date of this certificate-- |
||||||||||
No apprentice bound to me by indentures of apprenticeship either where the term thereof has already commenced or where the term thereof is due to commence in the future. |
||||||||||
or |
||||||||||
.......... apprentice(s) as set forth in the attached certificate signed by me. |
||||||||||
(The attached certificate should give name(s) of apprentice(s), date(s) of indentures of apprenticeship and actual commencement date(s), if applicable, or approximate commencement date(s) if in the future). |
||||||||||
4. I have read the application for consent to enter into indentures of apprenticeship (with attachments thereto) of ........................... and believe the statements therein are correct. |
||||||||||
*Section 29 (5) (as substituted by section 44 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 provides that a 'practising solicitor' means a solicitor engaged full-time in the provision of legal services as-- |
||||||||||
( a ) a sole practitioner, or |
||||||||||
( b ) a partner in a firm of solicitors, or |
||||||||||
( c ) a solicitor in the whole time employment of a body corporate, or |
||||||||||
( d ) a solicitor in the full-time service of the State within the meaning of section 54 (3) (as substituted by section 62 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 . |
||||||||||
5. From the enquiries that I have made, I am satisfied as to the character of the said .................. and that(s)he is a fit and proper person to be so bound to me by indentures of apprenticeship. |
||||||||||
6. I am prepared, subject to the consent of the Law Society of Ireland ("the Society"), to have the said ............................ bound to me by indentures of apprenticeship to commence on the date that will be fourteen days after the date on which the later of the following occurs, namely, (s)he duly completing the Society's Professional Course and (s)he sitting the last of the individual examinations comprising the Society's Final Examination-- Second Part as (s)he will be required to sit. |
||||||||||
Dated this ..... day of ............. 19 ..... . |
||||||||||
Signature of Applicant ..................... . |
||||||||||
FORM 3. |
||||||||||
INDENTURES OF APPRENTICESHIP. |
||||||||||
INDENTURES OF APPRENTICESHIP made the ......... day of .......... 19 ........ BETWEEN ............... of ..................... in the County of .................. , Solicitor (hereinafter called "the Master") of the First Part AND ......................... of ..................... in the County of .................. (hereinafter called "the Apprentice") of the Second Part WITNESSETH as follows: |
||||||||||
1. In consideration of the mutual covenants hereinafter contained and of the future payments made by the Master to the Apprentice, the Apprentice hereby binds himself/herself as an apprentice to the Master to attend on a continuous and wholetime basis at the office of the Master for a period of two years (hereinafter referred to as "period of in-office training") to commence on the date (hereinafter referred as "the commencement date") that is fourteen days after the date on which the later of the following occurs, namely, the Apprentice duly completing the Professional Course of the Law Society of Ireland ("the Society") and the Apprentice sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as (s)he will be required to sit. |
||||||||||
Covenants of the Apprentice. |
||||||||||
2. The Apprentice hereby COVENANTS with the Master that during the period of in-office training (s)he will: |
||||||||||
( a ) duly serve the Master as a solicitor's apprentice during the period of in-office training from the commencement date; |
||||||||||
( b ) refrain from disclosing any information as to the business of the Master or of any client of the Master (or of any partner or employee of the Master or of the firm of which the master is part) to any third party, including any information of any nature or kind received during and in the course of the period of in-office training; |
||||||||||
( c ) promptly and efficiently carry out the Master's reasonable directions and not depart or be absent from the service of the Master at any time during the period of in-office training without the Master's previous consent and (where required) that of the Society, and at all times during and in the course of the period of in-office training behave with all due diligence and honesty; |
||||||||||
( d ) take due and diligent care of all moneys and/or property of the Master or of any client of the Master (or of any partner or employee of the Master or of the firm of which the Master is part) and not cause or permit any such moneys and/or property to be adversely handled or disposed of or damaged or destroyed or otherwise adversely dealt with; |
||||||||||
( e ) duly comply with all prescribed requirements in force for the time being of the Society and duly attend such course or courses of education or training (or both) and examinations and interviews as and when required by the Society; |
||||||||||
( f ) maintain a due written record of the work done, instruction received and experience obtained by the Apprentice during the period of in-office training; |
||||||||||
( g ) in the event of the breach of any of the foregoing covenants or if the Master or any partner or employee or client of the Master (or of the firm of which the Master is part) sustains or suffers any loss or prejudice arising out of the misconduct or wrongful neglect of the Apprentice (without prejudice to any other action which has been or might be taken by the Master or by the Society), make good and reimburse to the Master the amount of the value thereof. |
||||||||||
Covenants of the Master. |
||||||||||
3. The Master hereby COVENANTS with the Apprentice that during the period of in-office training (s)he will: |
||||||||||
( a ) take the Apprentice as a solicitor's apprentice; |
||||||||||
( b ) provide the Apprentice with such office facilities as are appropriate and reasonable to enable the Apprentice to duly work, to receive due instruction and to obtain experience in the practice of law and the practice and profession of a solicitor; |
||||||||||
( c ) pay to the Apprentice a gross salary (increased as appropriate from time to time) of not less than the gross amount or amounts recommended by the Society from time to time and duly notified by the Society to the solicitors' profession; |
||||||||||
( d ) by the best ways and means (s)he can, instruct the Apprentice (or cause the Apprentice to be instructed) and provide the Apprentice with the opportunity to obtain experience in the practice of law and the practice and profession of a solicitor; |
||||||||||
( e ) without prejudice to the generality of covenant (d)-- |
||||||||||
(i) provide the Apprentice with the opportunity to practise drafting, letter writing, interviewing and advising, legal research, negotiation, advocacy and oral presentation and other such skills which are appropriate to the practice of law and the practice and profession of a solicitor AND with the opportunity to gain experience of both contentious and non-contentious work; and |
||||||||||
(ii) provide the Apprentice with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 1, Block 2 and Block 3 (below) AND with reasonable and appropriate instruction and experience in at least two of the areas of legal practice set out in Block 4 (below): |
||||||||||
Block 1 |
||||||||||
Conveyancing and Landlord and Tenant Law. |
||||||||||
Block 2 |
||||||||||
Litigation. |
||||||||||
Block 3 |
||||||||||
Wills, Probate and Administration of Estates. |
||||||||||
Block 4 |
||||||||||
Commercial Law, |
||||||||||
Company Law, |
||||||||||
Criminal Law and Procedure, |
||||||||||
Employment Law, |
||||||||||
European Union Law, |
||||||||||
Family Law, |
||||||||||
Insolvency Law, |
||||||||||
Intellectual Property Law, |
||||||||||
Law of Trusts, |
||||||||||
Pensions Law, |
||||||||||
Planning and Environmental Law, |
||||||||||
Revenue Law and Taxation, |
||||||||||
Social Welfare Law, |
||||||||||
Other specialised areas of legal practice, namely, |
||||||||||
|
||||||||||
(iii) where the Master is unable for whatever reason to provide (or cause to be provided) within his/her office or firm reasonable and appropriate instruction and experience in any one or more of the areas of legal practice set out in Block 1, Block 2 and Block 3 (above), make suitable arrangements for the Apprentice to be seconded for a reasonable and appropriate period to the office of another practising solicitor, as approved in advance by the Society, in order that the Apprentice be given the opportunity to acquire such reasonable and appropriate instruction and experience. |
||||||||||
Review of experience and appraisal of performance. |
||||||||||
4. The Master hereby AGREES with the Apprentice that during the period of in-office training (s)he will: |
||||||||||
( a ) permit the Apprentice to maintain a due written record of the work done, instruction received and experience obtained by the Apprentice (for production by the Apprentice to the Master and to the Society, if requested); |
||||||||||
( b ) ensure adequate arrangements for appropriate guidance of the Apprentice, including access by the Apprentice to the Master, or other supervising solicitor within the Master's office, on a day-to-day basis; |
||||||||||
( c ) make suitable arrangements to monitor the Apprentice's progress on a regular basis and to discuss that progress with the Apprentice; |
||||||||||
( d ) make prompt and adequate arrangements to deal with any reasonable personal concerns of the Apprentice in relation to his/her period of in-office training; |
||||||||||
( e ) (both during and at the expiration of the period of in-office training) comply with the prescribed requirements in force for the time being of the Society to enable the Apprentice to be admitted as a solicitor provided that the Apprentice shall have duly served as an Apprentice during the period of in-office training and shall have performed and observed the covenants on his/her part hereinbefore contained and shall have duly completed the prescribed course(s) of education or training (or both) and passed the prescribed examination(s) and otherwise duly complied with all other prescribed requirements in force for the time being of the Society. |
||||||||||
Conditions precedent. |
||||||||||
5. The coming into effect of these indentures of apprenticeship and the commencement of the period of in-office training is conditional upon the Apprentice duly completing the Society's Professional Course and sitting the individual examinations comprising the Society's Final Examination -- First Part as (s)he will be required to sit AND in the event of the Apprentice not satisfying these conditions precedent within a period of three years following the date hereof then these indentures of apprenticeship may (subject to at least two months prior notice in writing to that intended effect being served by either party hereto on the other and on the Society) be treated by either party hereto as having been at all times wholly inoperative. |
||||||||||
Termination. |
||||||||||
6. These indentures of apprenticeship may (subject to at least two months prior notice in writing to that intended effect being served by either party hereto on the other and on the Society) be terminated either by mutual agreement in writing between the parties hereto or in accordance with the provisions relating to termination of indentures of apprenticeship contained in Part IV (as amended by Part V of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 . |
||||||||||
IN WITNESS whereof the parties hereto have hereunto set their hands and affixed their Seals the day and year first herein WRITTEN. |
||||||||||
SIGNED & SEALED by the Master in the presence of: |
||||||||||
SIGNED & SEALED by the Apprentice in the presence of: |
||||||||||
|
||||||||||
(These indentures of apprenticeship must be produced to the Registrar of Solicitors within six months of the date thereof.) |
||||||||||
|
||||||||||
(For office use only) |
||||||||||
Produced to the Registrar of Solicitors pursuant to section 28 of the Solicitors Act, 1954 this .................. day of ................... 19........ . |
||||||||||
....................... Registrar of Solicitors. |
||||||||||
FORM 4. |
||||||||||
STATUTORY DECLARATION AS TO EXECUTION OF INDENTURES OF APPRENTICESHIP. |
||||||||||
I............................................................ ............................................................ ........... |
||||||||||
of ............................................................ ............................................................ ........ |
||||||||||
in the County of ............................................................ ...., Solicitor |
||||||||||
DO SOLEMNLY AND SINCERELY DECLARE as follows: |
||||||||||
1. I am a practising solicitor within the meaning of section 29 (5) (as substituted by section 44 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 and I carry on my practice as a sole practitioner/a partner in a firm of solicitors/a solicitor in the wholetime employment of a body corporate/a solicitor in the full-time service of the State* at ................................................... in the County of .............................. . |
||||||||||
2. The indentures of apprenticeship dated the .................. day of ..................... 19 ........ , produced herewith to the Registrar of Solicitors pursuant to section 28 of the Solicitors Act, 1954 , were duly executed by ................... and by myself, this declarant. |
||||||||||
3. The term of such indentures of apprenticeship is two years which will commence on the date that is fourteen days after the date on which the later of the following occurs, namely, the said ...................... duly completing the Professional Course of the Law Society of Ireland ("the Society") and sitting the last of the individual examinations comprising the Society's Final Examination -- Second Part as (s)he will be required to sit. |
||||||||||
I make this SOLEMN DECLARATION conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1938 and for the satisfaction of the Society. |
||||||||||
|
||||||||||
*[Delete if inapplicable]. |
||||||||||
FORM 5. |
||||||||||
STATUTORY DECLARATION OF MASTER AS TO SERVICE BY APPRENTICE OF ALREADY COMPLETED PERIOD OF IN-OFFICE TRAINING. |
||||||||||
I ............................................................ ............................................................ .......... |
||||||||||
of ............................................................ ............................................................ ........ |
||||||||||
in the County of ............................................................ ................................. , Solicitor |
||||||||||
DO SOLEMNLY AND SINCERELY DECLARE as follows: |
||||||||||
1. That ............................................................ .......................... (hereinafter referred to as "the Apprentice") has been bound to me as an apprentice by indentures of apprenticeship dated the ............ day of ............................... 19 ........ to serve a period of in-office training which commenced on the ............ day of .................................. 19 ........ (being the date that was fourteen days after the date on which the later of the following occurred, namely, the Apprentice having duly completed the Society's Professional Course and the Apprentice having sat the last of the individual examinations comprising the Society's Final Examination -- Second Part as (s)he was required to sit). |
||||||||||
2. Since the commencement date of the aforesaid period of in-office training, the Apprentice has duly attended on a continuous and wholetime basis and already completed at least .............. months of such period of in-office training at my office at .............. in the County of .............. for the purpose of doing work, receiving due instruction and obtaining experience in the practice of law and the practice and profession of a solicitor and has been absent only for certified medical reasons or statutory holidays, totalling not more than .... working days (save for the following periods and for the following stated or apparent reasons ............................................................ .........................................)* |
||||||||||
3. I believe the Apprentice has, during the aforesaid already completed period of in-office training, conscientiously endeavoured to do work, to take instruction and to obtain experience as appropriate in the practice of law and the practice and profession of a solicitor. |
||||||||||
4. For my part, I have endeavoured (in conjunction with other solicitors within my office*) during the Apprentice's aforesaid already completed period of in-office training to comply with my covenants and agreements with the Apprentice contained in paragraphs 3 and 4 of the aforesaid indentures of apprenticeship and, in particular-- |
||||||||||
*[Delete if inapplicable]. |
||||||||||
(i) I have provided the Apprentice with the opportunity to practise drafting, letter writing, interviewing and advising, legal research, negotiation, advocacy and oral presentation and other such skills, which are appropriate to the practice of law and the practice and profession of a solicitor AND with the opportunity of gaining experience in both contentious and non-contentious business; and |
||||||||||
(ii) I have provided the Apprentice with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 1, Block 2 and Block 3 (below) AND with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 4 (below), as duly indicated: |
||||||||||
Block 1 |
||||||||||
Conveyancing and Landlord and Tenant Law. |
||||||||||
Block 2 |
||||||||||
Litigation |
||||||||||
Block 3 |
||||||||||
Wills, Probate and Administration of Estates. |
||||||||||
Block 4 |
||||||||||
Commercial Law. |
||||||||||
Company Law. |
||||||||||
Criminal Law and Procedure. |
||||||||||
Employment Law. |
||||||||||
European Union Law. |
||||||||||
Family Law. |
||||||||||
Insolvency Law. |
||||||||||
Intellectual Property Law. |
||||||||||
Law of Trusts. |
||||||||||
Pensions Law. |
||||||||||
Planning and Environmental Law, |
||||||||||
Revenue Law and Taxation. |
||||||||||
Social Welfare Law. |
||||||||||
Other specialised areas of legal practice, namely , |
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............................................................ ....................................... |
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............................................................ ....................................... |
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*[5. Insofar as I have not, during the aforesaid already completed period of in-office training, been able to provide (or cause to be provided) within my office or firm reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 1, Block 2 and Block 3 (above), I say that I made arrangements (with the prior written consent of the Society) for the apprentice to be seconded to the office of another practising solicitor, namely .................................. , who practices at .............. in the County of ...................... , for a period of ......... weeks (from ........ to .......... ) in order that the Apprentice be provided with such reasonable and appropriate instruction and experience in the following areas of legal practice namely** ................................. ............................................................ ............................................................ ........ |
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AND I have satisfied myself that the Apprentice was duly provided by the said ..................................... with reasonable and appropriate instruction and experience in the said areas of legal practice.] |
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6. During the aforesaid already completed period of in-office training: |
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( a ) I permitted the Apprentice to maintain a record of work done, instruction received and experience obtained by the Apprentice (for production by the Apprentice to myself and to the Society, if so requested); |
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( b ) I ensured adequate arrangements for appropriate guidance of the Apprentice, including access by the Apprentice to myself (or (an)other supervising solicitor(s) within my office*), on a day-to-day basis; |
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( c ) I made suitable arrangements to monitor the Apprentice's progress on a regular basis and to discuss (or arranged for (an)other supervising solicitor(s) within my office to discuss*) that progress with the Apprentice; |
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*[Delete if inapplicable]. |
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**[List areas of legal practice for Block 1, Block 2 and/or Block 3]. |
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( d ) I made prompt and adequate arrangements to deal with any reasonable personal concerns of the Apprentice in relation to his/her aforesaid already completed period of in-office training. |
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7. I know of nothing which would suggest that the Apprentice is not a fit and proper person to be admitted as a solicitor. |
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8. The Apprentice has not, during the aforesaid already completed period of in-office training, held any office or engaged in any employment other than employment under the aforesaid indentures of apprenticeship (except in the following respects ....................... *) |
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9. I make this SOLEMN DECLARATION conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1938 and for the satisfaction of the Society. |
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*[Delete if inapplicable]. |
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FORM 6 |
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STATUTORY DECLARATION OF APPRENTICE AS TO SERVICE OF ALREADY COMPLETED PERIOD OF IN-OFFICE TRAINING. |
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I ............................................................ ............................................................ ......... |
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of ............................................................ ............................................................ ....... |
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in the County of .................................DO SOLEMNLY AND SINCERELY DECLARE as follows: |
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1. I have duly attended on a continuous and wholetime basis and already completed at least ........... months of service of my period of in-office training at the office of my Master, ................ at ............................ in the County of ............... since its commencement on the .............. day of ................... 19 ...... , pursuant to my indentures of apprenticeship dated the ............. day of .................. 19 .............. . |
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2. During the aforesaid already completed period of in-office training I have only been absent for: |
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(i) certified medical reasons or for statutory holidays (not exceeding in total .................. working days); [and] |
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*[(ii) ................... working days between ............ 19.......... and ............ 19............ by reason of ............................................................ ......... ............................................................ ..................] |
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3. I did not at any time during the aforesaid already completed period of in-office training hold any office or engage in any employment except employment under the aforesaid indentures of apprenticeship (other than with the prior consent in writing of my Master and of the Society, as follows ............................................................ ............*) |
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4. I have read the Statutory Declaration of my Master as to service by me of my aforesaid already completed period of in-office training, declared the ................. day of .................. 19 ....... (produced herewith), and I confirm the accuracy of the contents thereof. |
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*[Delete if inapplicable]. |
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EXPLANATORY NOTE. |
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The principal purpose of the Instrument is to provide for the term of service under indentures of apprenticeship of persons or specified categories of persons seeking to be admitted as solicitors and to amend The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 ( S.I. No. 9 of 1991 ) in relation to the requirements for becoming bound by indentures of apprenticeship and in relation to the required courses of education or training (or both) and the required examinations for persons seeking to be admitted as solicitors. |
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