LegalizeS.I. No. 287/1997 - The Solicitors' Acts, 1954 To 1994 (Apprenticeship and Education) Regulations, 1997
This is the act as published. Later amendments are not folded into the text below: each one is a separate act in this repository and an entry in this law's history.
4 amending acts · 2001-11-30, S.I. No. 546/2001 - The Solicitors Acts, 1954 To 1994 (Apprenticeship and Education) Regu…
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 |
*A 'recognised degree' means a degree from any of the universities of Ireland, England, Scotland and 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 .
FORM 2
Certificate of Proposed Master
| I............................................................ ............................................................ ............................................................ ... |
| of............................................................ ............................................................ ............................................................ . |
| in the County of............................................................ ............................................................ ...................................... |
Solicitor HEREBY CERTIFY as follows:
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.
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.
I have, as of the date of this certificate—
no apprentice bound on 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), where applicable, or approximate commencement date(s) where in the future]
I have read the application for consent to enter into debentures of apprenticeship (with attachments thereto) of...................................................and believe the statements therein are correct.
From the enquiries that I have made, I am satisfied that the said............................................................ .......is a fit and proper person to be so bound to me by indentures of apprenticeship and to be admitted as a solicitor.
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 |
*Section 29 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 fulltime 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 fulltime service of the State within the meaning of section 54 (as substituted by section 62 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 .
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 WITNESS as follows: |
In consideration of the mutual convenience hereinafter contained and of the future payments by way of salary 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 whole-time 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
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
The Master hereby CONVENIENCE 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 convenant (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 I, 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 area 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
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 herein before contained and shall have duly completed the prescribed course(s) of education or training (or both) and passed the prescribed examinations) and otherwise duly compiled with all other prescribed requirements in force for the time being of the Society.
Conditions precedent
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 - Second Part as s(h)e 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
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 and SEALED by the Master
| in the presence of............................................................ ............................................................ ....................................... |
SIGNED and 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 and particulars thereof entered in the Register of Apprentices 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 |
| in the County of............................................................ ............................................................ ............................Solicitor |
DO SOLEMNLY AND SINCERELY DECLARE as follows:
l am a practising solicitor within the meaning of section 29 (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 whole time employment of a body corporate/a solicitor in the fulltime service of the State* at............................................................ ............................................................ ...........................
the County of............................................................ ............................................................ .....................
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 declaring.
The terms 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.
| Declared before me a Commissioner for Oaths/Practising Solicitor by the Declarant who is personally known to me (or who is personally identified to me by........................................who is personally known to me) ........................................at. in the (County of............................................................ .......................................................... this..................day of............................................................ .........................19...................... |
| Signed............................................................ ............................................................ ........................................................... |
| Commissioner for Oaths/Practising Solicitor |
[*Delete if applicable]
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:
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).
Since the commencement date of the aforesaid period of in office training, the Apprentice has duly attended on a continuous and whole-time 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.....................................).
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.
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—
- (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 area 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,
| ............................................................ ............................................................ ............................................................ ........... |
| ............................................................ ............................................................ ............................................................ ........... |
[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*............................................................ ............................................................ .........
............................................................ ............................................................ ...........................................................
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.]
During the aforesaid already completed period of in office training:
( 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);
( 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;
( 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; and
( 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.
I know of nothing which would suggest that the Apprentice is not a fit and proper person to be admitted as a solicitor.
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............................................................ ............................................................ ...................................
............................................................ ............................................................ ...........................................................
I make this SOLEMN DECLARATION conscientiously believing same to be true and by virtue of the provision of the Statutory Declarations Act, 1938 and for the satisfaction of the Society.
| Declared before me a Commissioner for Oaths/Practising Solicitor by the Declarant who is personally known to me (or who is personally identified to me by.............................................. who is personally known to me) at.............................................. in the county of............................................................ ........ this............................day of.................................19.......... |
| Signed............................................................ ............................................................ ........................................................... |
| Commissioner for Oaths/Practising Solicitor |
| ............................................................ ............................................................ ............................................................ ....... |
| Signature of Master/Declarant |
*[Delete if inapplicable].
**[List areas of legal practice from Block I, Block 2 and/or Block 3].
FORM 6
Statutory Declaration of Apprentice as to Service of already Completed Period in In office Training
| I,............................................................ ............................................................ ............................................................ ......... |
| of............................................................ ............................................................ ............................................................ ...in |
| the County of............................................................ ............................................................ ............................................... |
DO SOLEMNLY AND SINCERELY DECLARE as follows:
I have duly attended on a continuous and whole-time basis and already 4 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........
During the aforesaid already completed period of in office training I have only been absent for:
- (i) certified medical reasons or for statutory holidays (not exceeding in total............................working days); [and]*
*[(ii) ..................................working days between............................................................ ............................................................ ....................................
19....................... and ............................................................ ............................................................ ...........
19..................................... by reason of............................................................ .........................................]
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
| ............................................................ ............................................................ ............................................................ ......... |
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.
| Declared before me a Commissioner for Oaths/Practising Solicitor by the Declarant who is personally known to me (or who is personally identified to me by............................................................ ................. who is personally known to me) at..................................................in the County of....................this....................... day of............................................................ ............................................................ 19............... |
| Signed............................................................ ............................................................ ........................................................... |
| Commissioner for Oaths/Practising Solicitor* |
| ............................................................ ............................................................ ............................................................ ......... |
| Signature of Applicant |
- [Delete if inapplicable]
EXPLANATORY NOTE.
The principal purpose of the Instrument is to provide for
— the membership and powers of the Education Committee and the Education Advisory Committee of the Law Society of Ireland;
— the procedure to be followed to become a solicitor's apprentice;
— the holding of Society examinations and the subjects to be examined;
— the appointment of examiners and the membership of the Board of Examiners for the Final Examination - First Part;
— the continuance of the Society's Law School and its Professional Course and Advanced Course;
— the period of in office training for apprentices;
— the requirements for the admission as a solicitor of a barrister to whom section 43 (as submitted by section 51 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 applies;
— procedures for dealing with alleged misconduct by apprentices;
— the revocation of existing regulations;
— scheduled forms relating to the apprenticeship process.
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