PART V

Qualifying for Admission as a Solicitor

40. —The Principal Act is hereby amended by the substitution of the following section for section 24:

“Requirements for admission as solicitor.

24.—(1) 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 for the appropriate term and has satisfied the Society that he has duly served under such indentures of apprenticeship, or has been exempted, as may be prescribed, from being bound by or from service under such indentures of apprenticeship,

(c) he has duly attended such course or courses of education or training (or both) and passed such examination or examinations as may be prescribed, or has been exempted as may be prescribed from attending such course or courses or passing such examinations, or any of them, except those examinations that are obligatory for him,

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

(e) he has satisfied the Society that he is a fit and proper person to be admitted as a solicitor.

(2) (a) Where the Society decide that a person has not satisfied them that he is a fit and proper person to be admitted as a solicitor, the Society shall, as soon as practicable, send a notice in writing to that person stating that decision, the date thereof and the reasons therefor.

(b) A person to whom a decision under paragraph (a) of this subsection relates may, within a period of two months from the date of receipt from the Society of notice in writing stating that decision, apply to the President of the High Court to rescind that decision and the President of the High Court, on hearing such application, and on directing such further enquiries as he may think fit, may by order—

(i) confirm that it was proper for the Society to make the decision, or

(ii) rescind the decision and declare that person to be a fit and proper person to be admitted as a solicitor.”.

41. —The Principal Act is hereby amended by the substitution of the following section for section 25:

“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 unless—

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

(b) he has duly attended such course or courses of education or training (or both) as may be prescribed pursuant to section 40 (as amended by the Solicitors (Amendment) Act, 1994) of this Act,

(c) he has passed such examination or examinations as may be prescribed pursuant to section 40 (as amended by the Solicitors (Amendment) Act, 1994) of this Act,

(d) he has obtained the written consent of the Society under section 27 (2) (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, and

(e) he has complied with any requirements as may be prescribed as to admission to apprenticeship, or compliance therewith has been waived as may be prescribed.”.

42. —The Principal Act is hereby amended by the substitution of the following section for section 26:

“Term of indentures.

26.—(1) The Society may by regulations provide for the term or terms (not to exceed two years) of service under indentures of apprenticeship of persons (including law clerks) or specified categories of persons seeking to be admitted as solicitors and any such regulations shall apply to indentures of apprenticeship existing at the date on which such regulations come into effect.

(2) On the date which is six months after the coming into operation of this section, or the coming into effect of regulations made under subsection (1) of this section, whichever is the sooner, the provisions of the Second Schedule to this Act shall cease to have effect.

(3) In this section ‘law clerk’ means a person who has satisfied the Society—

(a) that he has for a continuous period of at least five years been a bona fide clerk to a practising solicitor or solicitors,

(b) that he has, during such period, been bona fide engaged in the transaction and performance under the direction and supervision of a practising solicitor or solicitors of such legal business as the Society are satisfied was of a sufficiently responsible nature, and

(c) that he has diligently served as such clerk.”.

43. —The Principal Act is hereby amended by the substitution of the following section for section 27:

“Evidence of education, employment and character.

27.—(1) 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 such evidence as may be prescribed of his previous education and employment record and of his character.

(2) Where the Society are satisfied with the evidence furnished under subsection (1) of this section by a person seeking to become bound by indentures of apprenticeship and with any information obtained from any enquiries they deem it proper to make and are satisfied that that person has complied with the provisions of paragraphs (a), (b), (c) and (e) of subsection (1) of section 25 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act, the Society shall issue their written consent to such person becoming bound by indentures of apprenticeship.

(3) Where the Society are not satisfied with the evidence furnished under subsection (1) of this section by a person seeking to become bound by indentures of apprenticeship, the Society may decide to refuse to issue their written consent under subsection (2) of this section to such person becoming bound by indentures of apprenticeship, and where the Society so decide they shall, as soon as practicable, send a notice in writing to that person stating the decision, the date thereof and the reasons therefor.

(4) A person to whom a decision made under subsection (3) of this section relates may, within a period of two months from the date of receipt by him of notice in writing stating that decision, apply to the President of the High Court to rescind that decision, and the President of the High Court, on hearing such application and on directing such further enquiries as he may think fit, may by order—

(i) confirm that it was proper for the Society to make that decision, or

(ii) rescind that decision and direct the Society to issue their written consent under subsection (2) of this section to such person becoming bound by indentures of apprenticeship.

(5) 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.

(6) 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.”.

44. —The Principal Act is hereby amended by the substitution of the following section for section 29:

“Restriction on solicitor taking or retaining apprentice.

29.—(1) Only a practising solicitor may take an apprentice under indentures of apprenticeship.

(2) A practising solicitor who has not at some time been in continuous practice as a solicitor for a period of at least five years shall not, without the written consent of the Society, take an apprentice.

(3) Where a solicitor, who has taken an apprentice under indentures of apprenticeship the term of which is unexpired, ceases to practise or to be a solicitor qualified to practise or becomes employed as an assistant or clerk by another solicitor, he shall not, without the written consent of the Society, retain that apprentice for longer than six months thereafter.

(4) Where a solicitor has taken or retains an apprentice under indentures of apprenticeship in contravention of the foregoing provisions of this section, service or continued service by that apprentice under such indentures of apprenticeship shall be deemed not to be good service, unless the Society direct otherwise.

(5) In this section and in sections 26 , 32 , 36 , 40 , 43 and 44 (as substituted by the Solicitors (Amendment) Act, 1994) of this Act ‘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 the Solicitors (Amendment) Act, 1994) of this Act.”.

45. —The Principal Act is hereby amended by the substitution of the following section for section 32:

“Assignment of indentures on death of solicitor, etc.

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

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

(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, with the written consent of the Society, be bound by an assignment of the indentures of apprenticeship or by fresh indentures of apprenticeship to another practising solicitor for the residue of the said term.”.

46. —The Principal Act is hereby amended by the substitution of the following section for section 33:

“General power to discharge indentures.

33.—(1) Where the Society are of opinion that indentures of apprenticeship ought to be discharged, the Society may, after due notice to, and after due consideration of any submissions from, each party to the indentures of apprenticeship, by order discharge the indentures of apprenticeship on such terms (if any) as they think fit, and determine what period (if any) of service by the apprentice under the indentures of apprenticeship should be deemed good service.

(2) Where the Society make an order pursuant to subsection (1) of this section, the Society shall, as soon as practicable, send a notice in writing to each party to the indentures of apprenticeship stating the terms of the order, the date thereof and the reasons therefor.

(3) A party to indentures of apprenticeship, the subject of an order of the Society made pursuant to subsection (1) of this section, may, within a period of two months from the date of receipt by him of notice in writing pursuant to subsection (2) of this section, apply to the President of the High Court to rescind that decision, and the President of the High Court, on hearing such application and on directing such further enquiries as he may think fit, may, by order—

(a) confirm that it was proper for the Society to make such an order, or

(b) rescind or vary the order of the Society,

and give such consequential directions (if any) as he thinks fit, including a direction as to what period (if any) of service by the apprentice under the indentures of apprenticeship should be deemed good service.”.

47. —The Principal Act is hereby amended by the substitution of the following section for section 36:

“Number of apprentices.

36.—(1) Subject to subsection (2) of this section, a practising solicitor shall not have more than two apprentices at the same time under indentures of apprenticeship.

(2) A practising solicitor may, with the written consent of the Society, have under indentures of apprenticeship one apprentice for every two assistant solicitors in his employment or in the employment of his firm at the date of the registration under section 28 of this Act of each such indentures of apprenticeship.

(3) Where a practising solicitor has, under subsection (2) of this section, an apprentice or apprentices under indentures of apprenticeship the terms of which are unexpired, that solicitor shall notify the Society in the event of the number of assistant solicitors employed being reduced below the ratio provided for in that subsection and the notification shall be made within three months of the reduction of the number of assistant solicitors below the said ratio.

(4) Where the Society have been notified under subsection (3) of this section or otherwise become aware of a reduction in the number of assistant solicitors employed below the ratio provided for in that subsection, service or continued service under his indentures of apprenticeship by each apprentice concerned shall be deemed not to be good service, unless the Society direct otherwise.”.

48. —The Principal Act is hereby amended by the substitution of the following section for section 37:

“Obligation to serve bona fide apprenticeship.

37.—An apprentice shall, during the whole term of his indentures of apprenticeship serve, in the prescribed manner, a bona fide apprenticeship.”

49. —Section 40 of the Principal Act is hereby amended by—

(a) the substitution of the following subsection for subsection (1):

“(1) The Society may—

(a) either on their own or by arrangement with or in association with any other body or institution, provide or procure the provision of courses and the holding of examinations for the education or training (or both) of—

(i) persons seeking to be admitted as solicitors, or

(ii) solicitors or other persons;

(b) authorise any other body or institution, either on its own or by arrangement with or in association with the Society, to provide or procure the provision of courses and the holding of examinations for the education or training (or both) of—

(i) persons seeking to be admitted as solicitors, or

(ii) solicitors or other persons;

(c) join or associate with any other body or institution providing education or training (or both) in providing or procuring the provision of courses and the holding of examinations leading, in appropriate cases, to a joint or common qualification;

(d) provide for aptitude or other testing of persons seeking to be admitted as solicitors;

(e) appoint professors, lecturers, tutors and examiners;

(f) award diplomas, certificates and other awards of merit.”;

(b) the substitution of the following subsection for subsection (4):

“(4) Regulations for the purposes of this section shall provide for the holding by the Society, either on their own or by arrangement with or in association with any other body or institution, at least once in every 12 month period, of—

(a) a preliminary examination (of such content and form and standard as may be prescribed) to be passed by a person seeking to be bound under indentures of apprenticeship who is not otherwise exempted therefrom pursuant to section 41 (as substituted by the Solicitors (Amendment) Act, 1994) and section 42 of this Act;

(b) such other examination or examinations as are required by the Society to be passed by a person seeking to be admitted as a solicitor.”;

(c) the substitution for paragraphs (a), (b) and (c) of subsection (5) of the following paragraphs:

“(a) restricting the taking of apprentices to practising solicitors whose fitness and capacity to train apprentices is deemed satisfactory by the Society,

(b) the attendance of apprentices, intending apprentices or other persons seeking to be admitted as solicitors at education or training courses (or both) and the content of such education or training courses,

(c) the passing by apprentices, intending apprentices, or other persons seeking to be admitted as solicitors of such examination or examinations as are required by the Society to be passed by a person before being admitted as a solicitor,”;

(d) the substitution for paragraphs (i) and (j) of subsection (5) of the following paragraphs:

“(i) the control and discipline of apprentices, intending apprentices or other persons seeking to be admitted as solicitors,

(j) the exemption, subject to this Act, from courses or examinations (or both), in whole or in part, of persons who produce satisfactory evidence that they have acquired degrees or professional qualifications of a standard and content deemed satisfactory by the Society and awarded by a university or body or institution recognised by the Society as being appropriate, or who have such other special qualifications as the Society deem appropriate,

(k) the holding of courses of further education or training (or both) and the required attendance by solicitors or any specified category of solicitors at one or more of such courses,

(l) the designation of an age below which persons may not sit for the preliminary examination,

(m) the awarding of diplomas, certificates or other awards of merit to solicitors or other persons who have duly completed prescribed courses or passed prescribed examinations (or both).”; and

(e) the insertion of the following subsections:

“(7) Regulations made pursuant to this section shall be made only with the concurrence of the Minister.

(8) Every regulation made under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.”.

50. —The Principal Act is hereby amended by the substitution of the following section for section 41:

“General exemption from preliminary examination.

41.—The preliminary examination of the Society shall not be required to be passed—

(a) by a person who holds 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 ,

(b) by a person who has passed an examination prescribed as being equivalent thereto, or

(c) by a person who holds the degree of barrister-at-law from the Honorable Society of King's Inns, Dublin, or other professional qualification prescribed as being equivalent thereto.”.

51. —The Principal Act is hereby amended by the substitution of the following section for section 43:

“Exemptions for practising barristers.

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

(a) who seeks to be admitted as a solicitor,

(b) who has been called to the bar of Ireland and has practised as a barrister in the State for such period (not exceeding three years) and at such time or times as may be prescribed,

(c) who has procured himself to be disbarred with a view to being admitted as a solicitor,

(d) who has obtained from two of the Benchers of the Honorable Society of the King's Inns, Dublin, a certificate of his being in good standing while he was practising as a barrister in the State, and

(e) who has satisfied the Society that he is a fit and proper person to be admitted as a solicitor.

(2) Subject to subsection (8) of this section, 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 (being the examination or an examination in like form referred to in section 40 of this Act before the coming into operation of section 49 of the Solicitors (Amendment) Act, 1994, as ‘a final examination’ and in this section referred to as the final examination) and (if obligatory on him) the second examination in the Irish language which is referred to in the said section 40, but he shall not be re-examined in any subject of substantive law which he has passed or is deemed to have passed as part of a qualifying examination for the degree of barrister-at-law,

(b) he shall be entitled, without being bound under indentures of apprenticeship to a practising 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.

(3) A person to whom this section applies shall not be required to become bound under indentures of apprenticeship to a practising solicitor but shall attend such courses (if any) and complete such training (if any) and pass such examinations (if any) as may be prescribed but he shall not be re-examined in any subject of substantive law which he has passed or is deemed to have passed as part of a qualifying examination for the degree of barrister-at-law.

(4) A person to whom this section applies shall not be required to pass any examination in the Irish language held by the Society under section 40 (3) of this Act if he has passed or was exempted from an examination in the Irish language prescribed by the Chief Justice under section 3 of the Legal Practitioners (Qualification) Act, 1929 .

(5) Subject to the provisions of subsection (1) of this section, a person who has attended such courses (if any) completed such training (if any) and passed such examinations (if any) as he shall have been required to undertake pursuant to regulations (if any) made under this section, shall be entitled to apply to be admitted and enrolled as a solicitor.

(6) For the purposes of this section, service by a person as a member of the judiciary in the State, or as a barrister in the full-time service of the State or as a barrister in employment shall be deemed to be practice as a barrister.

(7) In this section—

‘barrister in employment’ means a barrister who satisfies the Society in the prescribed manner that he has been engaged, under a contract of employment with an employer, full-time in the provision of services of a legal nature for a prescribed period (not exceeding three years) at such time or times as may be prescribed;

‘barrister in the full-time service of the State’ means a barrister who is required to devote the whole of his time to the service of the State in the provision of services of a legal nature and is remunerated for such service wholly out of moneys provided by the Oireachtas.

(8) Subsection (2) of this section shall stand repealed on the coming into operation of regulations made under subsection (3) of this section.”.

52. —The Principal Act is hereby amended by the substitution of the following section for section 44:

“Exemptions (reciprocal provisions).

44.—(1) In this section ‘corresponding profession’ means a profession in another jurisdiction, other than the jurisdiction of a Member State of the European Communities, which in the opinion of the Society corresponds substantially to the profession of solicitor.

(2) This section applies to a person who—

(a) is qualified to practise in a corresponding profession,

(b) has applied to the Society to be admitted as a solicitor or who has been admitted as a solicitor under subsection (5) of this section having so applied, and

(c) has satisfied the Society that he is a fit and proper person to be admitted as a solicitor.

(3) Subject to subsections (4) and (6) of this section, the following provisions shall have effect in relation to a person to whom this section applies:

(a) he shall not be required to become bound under indentures of apprenticeship;

(b) he shall not be required to comply with the provisions of section 40 (3) of this Act;

(c) he shall be required to have practised his profession in the jurisdiction in which he is qualified to practise for such minimum period as may be prescribed;

(d) he shall attend such course or courses of education or training (or both) and pass such examination or examinations as may be prescribed;

(e) he shall not, for such period as may be prescribed (not to exceed three years) following the date of his admission as a solicitor (during which period he shall have worked full-time in the provision of legal services) commence to carry on practice—

(i) as a sole practitioner, or

(ii) as a partner with another practising solicitor or other practising solicitors unless that other practising solicitor or one of such other practising solicitors has been engaged full-time in the provision of legal services for a period of not less than three years at the time of such commencement;

(f) he shall, during the period referred to in paragraph (e) of this subsection, be required to attend such courses of further education or training (or both) as may be prescribed.

(4) The Society may waive in the prescribed manner, in whole or in part, any one or more of the provisions of paragraphs (c), (d), (e) or (f) of subsection (3) of this section in relation to any prescribed category of person to whom this section applies.

(5) A person to whom this section applies who has complied with the provisions of paragraphs (c) and (d) of subsection (3) of this section (insofar as they have not been waived in whole or in part under subsection (4) of this section) shall be entitled to be admitted as a solicitor.

(6) The Minister may by order appoint a day or days for the coming into operation of this section in relation to a corresponding profession in any jurisdiction being a day or days on which he is satisfied that reciprocal provisions will be in operation in that jurisdiction in respect of solicitors whose names are on the roll and he may revoke an order so made if such reciprocal provisions cease to apply.”.

53. —For the purposes of Part IV (as amended by this Act) of the Principal Act, the Society may prescribe by regulations the circumstances in and the conditions under which a person may become bound by indentures of apprenticeship to a person who holds a certificate issued by the Law Society of Northern Ireland or, in relation to England and Wales, the Law Society, corresponding to a practising certificate issued by the Society.