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36 1954

SOLICITORS ACT, 1954

PART IV.

Qualifying for Admission as Solicitor.

Requirements for admission as solicitor.

24. —Subject to this Part of this Act, a person shall not be admitted as a solicitor unless—

(a) he has attained the age of 21 years,

(b) he has been bound by indentures of apprenticeship to serve as an apprentice to a practising solicitor for the appropriate term and has satisfied the Society that he has duly served under such indentures,

(c) he has obtained from the Society a certificate or certificates certifying that he has passed the appropriate prescribed examinations, and

(d) he has complied with any prescribed requirements as to service under indentures of apprenticeship and admission of persons to be solicitors or compliance therewith has been waived by the Society.

Requirements for admission to apprenticeship.

25. —Subject to this Part of this Act, a person shall not be capable of being bound by indentures of apprenticeship to serve as an apprentice to a solicitor unless—

(a) he has attained the age of 17 years,

(b) he has obtained from the Society a certificate or certificates certifying that he has passed the appropriate prescribed examinations,

(c) he has obtained the consent of the Society provided for by section 27 of this Act, and

(d) he has fulfilled any prescribed requirements as to admission to apprenticeship or compliance therewith has been waived by the Society.

Term of indentures.

26. —The term of indentures of apprenticeship to a practising solicitor shall be determined in accordance with the provisions contained in the Second Schedule to this Act.

Evidence of good character.

27. —(1) Not less than six weeks before a person becomes bound by indentures of apprenticeship, he shall give notice to the Society of his intention so to do and shall furnish the Society with the prescribed evidence of his character.

(2) Where the Society are satisfied with the evidence furnished pursuant to this section by a person and with the information obtained from any inquiries that they think proper to make, they shall issue their written consent to the entry of such person into indentures of apprenticeship.

(3) The registrar shall refuse to register indentures of apprenticeship produced to him under section 28 of this Act unless the indentures are accompanied by a consent issued under this section and dated not earlier than six months before the date of the indentures.

(4) Service of an apprentice under indentures of apprenticeship of which registration has been refused under this section shall be deemed not to be good service by the apprentice under his indentures.

Registration of indentures.

28. —(1) Indentures of apprenticeship shall be produced to the registrar for registration and the registrar, on being satisfied by statutory declaration or such other evidence as he considers sufficient of the due execution of the indentures, shall enter in a register the names and addresses of the parties to the indentures, the date thereof and the date of the making of the entry.

(2) The register under this section shall be kept available for public inspection during office hours without payment.

(3) Where the indentures of apprenticeship of an apprentice are not produced to the registrar for registration within six months from the date thereof, the service of the apprentice shall, unless the Society otherwise direct, be reckoned as commencing only upon the date of the production of the indentures.

(4) The provisions of this section with respect to the production and entry of indentures shall apply in the case of fresh indentures, and in the case of an assignment or transfer of indentures under section 32 or under an order under section 34 or 35 of this Act, in the same manner as they apply in the case of original indentures.

Restriction on solicitor taking or retaining apprentice.

29. —(1) A solicitor shall not take any apprentice after such solicitor has ceased to practise or to be a solicitor qualified to practise, or while such solicitor is employed as an assistant or clerk by another solicitor.

(2) A solicitor who has not at some time been in continuous practice as a solicitor for a period of seven years shall not, without special leave of the Society, take any apprentice.

(3) Regulations may restrict the taking of apprentices by solicitors who are in the whole time employment of bodies corporate.

(4) Where a solicitor who is retaining an apprentice ceases to practise or to be a solicitor qualified to practise or becomes employed as an assistant or clerk to another solicitor, he shall not retain the apprentice for longer than six months thereafter.

(5) Service by an apprentice to a solicitor who has taken him in contravention of subsection (1), subsection (2) or regulations made for the purposes of subsection (3) of this section or service by an apprentice to a solicitor during any period when such solicitor retained him in contravention of subsection (4) of this section shall, unless the Society direct otherwise, be deemed not to be good service by the apprentice under his indentures of apprenticeship.

Saver for service of apprentice where solicitor disqualified.

30. —A person shall not be disqualified for admission as a solicitor or be liable to be struck off the roll—

(a) by reason of a solicitor, whom he served under indentures of apprenticeship for the whole or part of the term required by this Act, having neglected or omitted to take out a practising certificate, or

(b) by reason of a solicitor to whom he was bound by indentures of apprenticeship ceasing, after the termination of the period for which he was bound, to be a solicitor qualified to practise.

Prohibition on taking of apprentice.

31. —(1) In a case in which the Society have directed, or have power to direct, the registrar to refuse the application of a solicitor for a practising certificate, they may, by notice in writing served on the solicitor, prohibit him from taking any apprentice, and thereupon the solicitor shall not take any apprentice unless and until the Society withdraw the prohibition.

(2) Service by an apprentice to a solicitor who has taken him in contravention of a prohibition in force under this section shall, unless the Society direct otherwise, be deemed not to be good service by the apprentice under his indentures.

(3) Where under this section the Society prohibit a solicitor from taking any apprentice, they may, of their own motion, by order, discharge the indentures of any apprentice then already apprenticed to that solicitor upon such terms, including terms as to return of premium, as they think fit, and determine what period (if any) of service by the apprentice under the indentures shall be deemed good service.

Assignment of indentures or fresh indentures on death of solicitor, etc.

32. —Where, before the expiration of the term for which an apprentice is bound—

(a) the solicitor dies or ceases to practise as a solicitor,

(b) the indentures of apprenticeship are cancelled by mutual consent, or

(c) the indentures of apprenticeship are discharged by virtue of an order of the Society or of any court or otherwise,

the apprentice may be bound by an assignment of the indentures, or by fresh indentures, to another solicitor for the residue of the said term.

General power to discharge indentures.

33. —Where the Society are satisfied, on the application either of the solicitor or the apprentice, that indentures of apprenticeship ought to be discharged, they may by order discharge the indentures on such terms, including terms as to return of premium, as they chink fit, and determine what period (if any) of service by the apprentice under the indentures shall be deemed good service.

Discharge or assignment of indentures on removal from roll, etc.

34. —(1) Where, before the expiration of the term for which an apprentice is bound, the solicitor—

(a) is removed from or struck off the roll,

(b) becomes bankrupt,

(c) is imprisoned and remains in prison for a period of or exceeding twenty-one days,

(d) becomes of unsound mind, or

(e) has been absent from the State for a period exceeding six months, or for two or more periods which were within twelve consecutive months and exceeded in the aggregate six months, without the consent of the Society or without complying with such terms and conditions as the Society may have fixed in relation to such absence,

the Society, on the application of the apprentice, may by order discharge the indentures of apprenticeship or, with the consent of another solicitor, by order direct that they shall be assigned to that solicitor on such terms and in such manner as the Society think fit.

(2) Nothing in this section shall affect any power of a court in relation to indentures of apprenticeship.

Order transferring indentures.

35. —Where—

(a) an apprentice to a solicitor requires an assignment of his indentures of apprenticeship to be made under section 32 or under an order under section 34 of this Act, and

(b) the Society, on the application of the apprentice, are satisfied that a difficulty exists in procuring the execution of the assignment,

the Society may, with the consent of another solicitor, by order transfer the indentures of apprenticeship to that solicitor.

Number of apprentices.

36. —(1) A solicitor shall not have more than one apprentice at the same time.

(2) Notwithstanding subsection (1) of this section, a solicitor may have two apprentices at the same time under a written consent of the Society, but the Society shall not grant any such consent except in special circumstances. Such consent shall not be withheld where the two apprentices are the children of the solicitor or where the second apprentice is the child of the solicitor and the first apprentice has been apprenticed with the solicitor for not less than two years.

Obligation to serve bona fide apprenticeship.

37. —An apprentice shall, during the whole term of his indentures, serve a bona fide apprenticeship to the solicitor to whom he is bound.

Holding of office or engaging in employment during apprenticeship.

38. —(1) An apprentice shall not hold any office or engage in any employment other than employment under his apprenticeship unless, before doing so, he obtains the consent in writing of the solicitor to whom he is bound and the consent of the Society.

(2) The following provisions shall have effect with respect to a consent by the Society for the purposes of this section:

(a) the consent shall be by order of the Society,

(b) before making the order, the Society shall be satisfied that the holding of the office or the engagement in the employment will not prejudice the applicant's work as an apprentice,

(c) the order may impose on the applicant such terms and conditions regarding the office or employment and the applicant's service as an apprentice as the Society think fit,

(d) where terms or conditions are so imposed, the applicant shall, before being admitted as a solicitor, satisfy the Society that he has fulfilled those terms or conditions.

Relief against irregularity with respect to service of apprentice.

39. —(1) The Society may grant relief to an apprentice against an irregularity with respect to his service under indentures of apprenticeship to such extent and on such terms as the Society think fit.

(2) In this section, the word “irregularity” includes a contravention of a provision made by or under this or any other Act.

Education and examinations.

40. —(1) The Society may—

(a) provide educational facilities, including lectures, classes and other teaching,

(b) hold examinations,

(c) appoint professors, lecturers and examiners.

(2) Provision may be made by regulations for ascertaining—

(a) the fitness and capacity of solicitors proposing to take apprentices to teach such apprentices,

(b) the progress made by apprentices in acquiring knowledge of the theory and practice of the law.

(3) Regulations for the purposes of this section shall provide—

(a) for the holding by the Society at least once in every year of—

(i) a first examination in the Irish language, that is to say, an examination in that language of persons seeking to be bound under indentures of apprenticeship, and

(ii) a second examination in the Irish language, that is to say, an examination in that language of persons seeking to be admitted as solicitors,

(b) for both of such examinations being obligatory except for persons who were over the age of fifteen years on the 1st day of October, 1929,

(c) for such second examination being so conducted and of such nature as to secure that persons who pass it have a competent knowledge of the Irish language, that is to say, such a degree of oral and written proficiency in the use of the language as is sufficient to enable a solicitor efficiently to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language,

(d) for requiring that such second examination shall be passed within two years before the expiration of the term of apprenticeship or within two years before admission as a solicitor.

(4) Regulations for the purposes of this section shall provide for the holding by the Society at least once in every year of—

(a) a preliminary examination, that is to say, an examination of persons seeking to be bound under indentures of apprenticeship, and

(b) a final examination, that is to say, an examination of persons seeking to be admitted as solicitors, which may be divided, if the Society so think fit, into two or more parts.

(5) Without prejudice to the generality of the foregoing subsections, regulations for the purposes of this section may provide for—

(a) the holding by the Society, in addition to the examinations mentioned in the foregoing subsections, of other examinations to ascertain the progress of apprentices and of persons seeking to be admitted as solicitors,

(b) restricting the taking of apprentices to solicitors whose fitness and capacity to teach apprentices is satisfactory,

(c) attendance of apprentices or intending apprentices at lectures, classes, debates and other teaching or training, whether provided by the Society or otherwise, and the course of study and training to be followed by those persons,

(d) times when candidates will be eligible to take examinations,

(e) subjects for and the mode of conducting examinations,

(f) standards of efficiency to be obtained at examinations,

(g) times, places and notices of examinations,

(h) certificates of having passed examinations,

(i) the control and discipline of apprentices,

(j) the exemption, subject to this Act, from examinations in whole or in part of persons who produce satisfactory evidence that they have acquired special qualifications.

(6) A person shall not be appointed under this section as examiner in the Irish language save with the approval of the Minister for Education.

General exemption from preliminary examination.

41. —A certificate of his having passed the preliminary examination of the Society shall not be required—

(a) from a person to whom paragraph 1 or 4 of the Second Schedule to this Act applies, or

(b) from a person who has passed an examination declared by regulations to be equivalent to the preliminary examination of the Society.

Special exemption from preliminary examination.

42. —The Society may, in special circumstances, exempt a person from the preliminary examination of the Society, or any part thereof, either unconditionally or subject to such conditions as they think fit.

Exemptions for practising barrister of five years' standing.

43. —(1) This section applies to a person—

(a) who proposes to become a solicitor,

(b) who has been called to the bar and practised continuously as a barrister for five years or longer during the ten years ending on the date of the final examination of the Society for which he proposes to sit,

(c) who has procured himself to be disbarred with a view to becoming a solicitor, and

(d) who has obtained from two of the Benchers of the Honourable Society of the King's Inns, Dublin, a certificate, dated not earlier than six months before the date of the said final examination, of his being a fit and proper person to practise as a solicitor.

(2) The following provisions shall have effect in relation to a person to whom this section applies:

(a) he shall not be required to obtain a certificate of his having passed any examination of the Society other than the final examination and (if obligatory on him) the second examination in the Irish language,

(b) he shall be entitled, without being bound or serving as an apprentice to a solicitor, to apply to present himself for the final examination,

(c) on passing the final examination (except so much of that examination as relates to indentures of apprenticeship and service thereunder) and (if obligatory on him) the second examination in the Irish language, he shall be entitled to apply to be admitted and enrolled as a solicitor.

Exemptions (reciprocal provisions.).

44. —(1) In this section “corresponding certificate” means a certificate issued by the Incorporated Law Society of Northern Ireland and corresponding to a practising certificate.

(2) This section applies to a person—

(a) who proposes to become a solicitor, and

(b) who, during a continuous period of three years or longer, has held corresponding certificates.

(3) The following provisions shall have effect in relation to a person to whom this section applies:—

(a) he shall not be required to obtain a certificate of his having passed any examination of the Society other than an examination to ascertain whether he has an adequate knowledge of the legislation in force in the State and (if obligatory on him) the second examination in the Irish language;

(b) in order to present himself for the examination to ascertain whether he has an adequate knowledge of the legislation in force in the State, it shall be necessary for him to be the holder of a corresponding certificate, but he shall be entitled to present himself for that examination without being bound or serving as an apprentice;

(c) on passing that examination and (if obligatory on him) the second examination in the Irish language, he shall be entitled to apply to be admitted and enrolled as a solicitor.

(4) The Government may by order appoint a day for the coming into operation of the provisions of this section, being a day on which the Government are satisfied that reciprocal provisions will be in operation in relation to solicitors holding practising certificates.

Appeals under Part IV.

45. —An appeal shall lie to the Chief Justice in the case of the exercise or refusal of exercise of a power conferred on the Society by subsection (3) of section 28 , subsection (5) of section 29 , subsection (2) or (3) of section 31 , section 33 , subsection (1) of section 34 , section 35 , section 38 , section 39 or section 42 of this Act.