S.I. No. 546/2001 - The Solicitors Acts, 1954 To 1994 (Apprenticeship and Education) Regulations, 2001

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:

Citation and commencement.

1.

• (b) These Regulations shall come into operation on the first day of January 2002 and thenceforth, subject to sub-clause (c) of this Regulation, The Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1997 ( S.I. No. 287 of 1997 ) shall stand revoked.

• (c) Regulation 26 of The Solicitors Acts, 1954 and 1960 (Apprenticeship and Education) Regulations, 1991 ( S.I. No. 9 of 1991 ) and Regulation 25 of The Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 1997 ( S.I. No. 287 of 1997 ) shall, in respect of any person who prior to the date of coming into operation of these Regulations became the subject matter of a complaint of alleged misconduct made pursuant to either the said Regulation 26 or the said Regulation 25 which is continuing, remain in full force and effect.

Definitions.

2.

“Act” means the Solicitors Act, 1954 (No. 36 of 1954);

“Act of 1960” means the Solicitors (Amendment) Act, 1960 (No. 37 of 1960);

“Act of 1994” means the Solicitors (Amendment) Act, 1994 (No. 27 of 1994);

“annual general meeting” means the general meeting of the Society held each year in the month of November;

“applicant” has the meaning assigned to it in Regulation 6 (a);

“apprentice” means a trainee solicitor;

“Board of Examiners” has the meaning assigned to it in Regulation 13(d)(i);

“candidate” for the purposes of Regulations 12, 18 and 21 means a person sitting the Final Examination or an examination or examinations in a subject (or combination of subjects) forming part of the Final Examination or any part thereof;

“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-

• (i) such person duly completing the Professional Practice Course I or such part of the Professional Practice Part I as he or she has not been duly exempted from by the Committee; and

• (ii) such person sitting the last of the individual examinations comprising the Final Examination - Second Part as he or she is required to sit and has not been duly exempted from by the Committee;

“Committee” means the education committee appointed pursuant to Regulation 4;

“Council” means the Council of the Society;

“Director of Education” means the director of education appointed pursuant to Regulation 15 and, for the purposes of Regulation 24, includes the Deputy Director of Education or such other person who, in the absence of the Director of Education and the Deputy Director of Education, may be authorised by the Committee to carry out the functions of the Director of Education; AND “Deputy Director of Education” means the deputy director of education appointed pursuant to Regulation 15, who, in the absence of the Director of Education, shall be entitled to carry out the functions of the Director of Education;

“Disciplinary Tribunal” means the disciplinary tribunal established pursuant to section 6 (as substituted by section 16 of the Act of 1994) of the Act of 1960;

“Final Examination” means the examination, comprising three parts, referred to in Regulation 11(a);

“Final Examination - First Part” means the first part of the Final Examination provided for in Regulation 11(a);

“Final Examination - Second Part” means the second part of the Final Examination provided for in Regulation 11(a);

“Final Examination - Third Part” means the third part of the Final Examination provided for in Regulation 11(a);

“Finance Committee” means the finance committee appointed annually by the Council to supervise the financial affairs of the Society;

“First Irish Examination” means the first examination in the Irish language provided for in Regulation 9(a);

“indentures of apprenticeship” means indentures of apprenticeship in the form set forth in Form 3 in the Schedule to these Regulations, or an assignment of such indentures of apprenticeship in the form set forth in Form 5 in the Schedule to these Regulations, which have been registered in the Register of Trainee Solicitors;

“Law School” means the law school continued and maintained by the Society pursuant to Regulation 15;

“member of the Council” means a serving member of the Council, whether serving as an elected member of the Council or as an elected provincial delegate or as an appointed extraordinary member of the Council;

“pass mark” for the purposes of Regulations 12, 18 and 21 means the achievement by a candidate in an individual examination of a mark of at least 50%;

“period of in-office training” has the meaning assigned to it in Regulation 8;

“practising solicitor” has the meaning assigned to it in section 29 (as substituted by section 44 of the Act of 1994) of the Act;

“Preliminary Examination” means the preliminary examination provided for in Regulation 10;

“prescribed fees” means the fees prescribed by regulations made pursuant to section 82 of the Act;

“Professional Practice Course I” has the meaning assigned to it in Regulation 17(a) and may also be referred to in common usage as “PPC I”;

“Professional Practice Course II” has the meaning assigned to it in Regulation 20(a) and may also be referred to in common usage as “PPC II”;

“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 recognised by any such other body as may be established by law in the State to assume the functions of the National Council for Educational Awards;

“Register of Trainee Solicitors” means the register of apprentices maintained by the Registrar pursuant to section 28(1) of the Act in which the Registrar causes to be entered particulars of indentures of apprenticeship or assignments of indentures of apprenticeship duly produced to the Registrar pursuant to Regulation 6 or Regulation 7;

“Registrar” means the holder of the office of registrar of solicitors appointed by the Society pursuant to section 8 of the Act;

“Regulation” means a regulation in these Regulations;

“Rule” and “Rules” have the meanings respectively assigned to them in Regulation 12(c);

“Second Irish Examination” means the second examination in the Irish language provided for in Regulation 9(a);

“Society” means the Law Society of Ireland;

“Society examination” means any examination conducted by the Society pursuant to these Regulations or the Act or the Act of 1994;

“trainee solicitor” means an apprentice and includes a person whose name has been entered in the Register of Trainee Solicitors, whether or not he or she has commenced his or her period of in-office training, and includes a person who has completed his or her period of in-office training but who has not yet been admitted as a solicitor; AND, for the purposes of Regulation 24, has the meaning assigned to it in Regulation 24 (a);

“training solicitor” means a practising solicitor to whom a trainee solicitor has been bound by indentures of apprenticeship (which have been registered in the Register of Trainee Solicitors) to serve as a trainee solicitor for a period of in-office training and where the period of in-office training has commenced; AND “intended training solicitor” means a practising solicitor with whom a person has executed indentures of apprenticeship (which have been registered in the Register of Trainee Solicitors) to serve as a trainee solicitor for a period of in-office training but where the period of in-office training has not yet commenced; AND “proposed training solicitor” has the meaning assigned to it in Regulation 6(a); and “other proposed training solicitor” has the meaning assigned to it in Regulation 7(a);

• (b) Other words and phrases in these Regulations shall have the meanings assigned to them by the Solicitors Acts, 1954 to 1994.

• (c) In these Regulations, unless the context otherwise requires, the singular includes the plural.

Interpretation.

3.

Education Committee.

4.

• (b) The members of the Committee shall take office immediately upon appointment and shall hold office until the appointment of their successors; with outgoing members being eligible for reappointment and with the quorum of the Committee being three.

• (c) A vacancy arising on the Committee may be filled by the Council at any time and a member appointed to fill a vacancy shall hold office until the first meeting of the Council to be held after the next following annual general meeting of the Society.

• (d) The Committee shall have such powers and functions, in addition to those conferred or imposed upon it by these Regulations, as may be delegated to it by the Council from time to time.

• (e) Without prejudice to the generality of clause (d) of this Regulation, the Committee may:

• (i) appoint such full-time or part-time professors, lecturers, tutors and examiners, and such other personnel, whether full-time or part-time, as the Committee deems appropriate for the operation of the Law School, such appointments to be upon such terms and conditions and with such remuneration as the Committee and the Finance Committee approve;

• (ii) recommend to the Finance Committee the termination of the appointment of any such professors, lecturers, tutors or examiners, or such other personnel;

• (iii) designate the content of the courses of education or training (or both) to be followed by trainee solicitors and extend or diminish the range of subjects included or to be included in the Appendix to these Regulations;

• (iv) designate the syllabus for and the rules of conduct to be observed by persons sitting a Society examination;

• (v) decide on the entitlement of persons to sit a Society examination;

• (vi) declare the results of any Society examination and consider the report or reports of any examiner or examiners concerned;

• (vii) exempt any person from attendance, or excuse any person for non-attendance, at the course of education or training (or both) comprising either the Professional Practice Course I or the Professional Practice Course II, or any part thereof;

• (viii) designate forms to be used as may be appropriate in respect of the performance of the functions of the Society relating to the education or training (or both) of persons seeking to be admitted as solicitors;

• (ix) authorise the acceptance of any form notwithstanding that it may not comply with a form set forth in the Schedule to these Regulations or a form otherwise designated by the Committee for a particular function of the Society relating to the education or training (or both) of persons seeking to be admitted as solicitors;

• (x) designate a code of conduct for trainee solicitors and training solicitors.

Pre-requirements to apprenticeship.

5.

• (a) have passed the Preliminary Examination, or have been exempted therefrom by reason of:

• (i) holding a recognised degree, or

• (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

• (iii) holding the degree of barrister at law from the Honorable 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

• (iv) having satisfied the Society that he or she is a law clerk within the meaning of section 26 (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

• (b) have passed the Final Examination - First Part; and

• (c) have passed the First Irish Examination.

Consent to apprenticeship.

6.

• (i) an application for consent to enter into indentures of apprenticeship in the form set forth in Form 1 in the Schedule to these Regulations;

• (ii) an official copy of the certificate of birth of the applicant;

• (iii) evidence in a form acceptable to the Committee that the applicant has satisfied the requirements of Regulation 5;

• (iv) evidence in a form acceptable to the Committee of the applicant's previous education and employment record and of his or her character; and

• (v) a certificate of the proposed training solicitor in the form set forth in Form 2 in the Schedule to these Regulations.

• (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.

• (c) The Committee may require the proposed training solicitor 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 sections 29 (as substituted by section 44 of the Act of 1994), 31 and 40(2) of the Act (or any one or more of such provisions).

• (d) Where the Committee is satisfied with the application, the certificates and evidence furnished by the applicant to the Society 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 Regulation), the Society shall issue their written consent to the applicant becoming bound by indentures of apprenticeship to the proposed training solicitor.

• (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:

• (i) the written consent of the Society as issued pursuant to clause (d) of this Regulation;

• (ii) indentures of apprenticeship (in the form set forth in Form 3 in the Schedule to these Regulations) executed by both the applicant and the intended training solicitor;

• (iii) a statutory declaration by the intended training solicitor in the form set forth in Form 4 in the Schedule to these Regulations; and

• (iii) the prescribed fees.

• (f) On due receipt of the prescribed fees and the documents set forth in clause (e) of this Regulation, the Registrar shall cause to be entered in the Register of Trainee Solicitors the names and addresses of the parties to such indentures of apprenticeship, the date thereof and the date of the making of such entry.

Consent to change of apprenticeship.

7.

• (i) by an assignment of his or her indentures of apprenticeship from the training solicitor or intended training solicitor to another named practising solicitor (hereinafter in this Regulation referred to as the “other proposed training solicitor”) for the residue of the term for which the trainee solicitor is so bound, or

• (ii) by new indentures of apprenticeship with the other proposed training solicitor.

• (b) (i) An application by a trainee solicitor to the Committee for consent to be bound by an assignment of his or her indentures of apprenticeship from the training solicitor or intended training solicitor to the other proposed training solicitor shall be made where -

• (A) the trainee solicitor has already commenced his or her period of in-office training with the training solicitor and has duly completed part of the term thereof; or

• (B) the training solicitor has ceased or is about to cease to be a practising solicitor for any reason excluding the death or infirmity of the training solicitor; or

• (C) the training solicitor and trainee solicitor are mutually agreed, subject to the written consent of the Committee, that such an assignment to the other proposed training solicitor should take place.

• (ii) An application by a trainee solicitor to the Committee for consent to enter into new indentures of apprenticeship shall be made where -

• (A) the trainee solicitor has not yet commenced his or her period of in-office training with the intended training solicitor; or

• (B) the training solicitor has died or is suffering from an infirmity; or

• (C) the Committee itself decides that an application under clause (a) of this Regulation should in the particular circumstances be treated as such an application.

• (c) In making an application to the Committee for consent to be bound by an assignment of his or her indentures of apprenticeship or by new indentures of apprenticeship, the trainee solicitor shall furnish to the Committee the following:

• (i) a statement of the circumstances giving rise to such application;

• (ii) a letter of consent to the application from the training solicitor or intended training solicitor, unless the Committee, for good and sufficient reason, otherwise determines; and

• (iii) a letter of consent to the application from the other proposed training solicitor.

• (d) Insofar as the Committee deems it reasonable and appropriate, the provisions of Regulation 6(b) and (c) of these Regulations in relation to attendance for interview shall apply in relation to an application made pursuant to clause (a) of this Regulation.

• (e) 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 (d) of this Regulation), the Committee shall issue their written consent unconditionally or subject to such conditions as the Committee may deem reasonable and appropriate.

• (f) Where the Committee consent to a trainee solicitor entering into new indentures of apprenticeship, the Committee shall have regard, where it arises, to whether the term of such new indentures of apprenticeship shall be two years commencing on the commencement date or a period of less than two years where the trainee solicitor has already duly completed to the satisfaction of the Committee part of his or her period of in-office training with the training solicitor.

• (g) Within a period of not more than two months from the date of issue of a written consent of the Committee 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 trainee solicitor shall produce to the Registrar an assignment of such indentures of apprenticeship, or new indentures of apprenticeship (in the form set forth in, respectively, Form 5 or Form 3 in the Schedule to these Regulations), as the case may be, duly executed by the training solicitor (if an assignment), by the other intended training solicitor and by the trainee solicitor; and, on due receipt thereof, the Registrar shall cause to be entered in the Register of Trainee Solicitors the names and addresses of the parties to such assignment or such new indentures of apprenticeship, the date thereof and the date of the making of such entry.

• (h) Where appropriate, a training solicitor may himself or herself apply to the Committee for consent to have a trainee solicitor bound under indentures of apprenticeship to another proposed practising solicitor in substitution for himself or herself; and the foregoing provisions of this Regulation shall apply mutatis mutandis to such an application by a training solicitor.

Period of apprenticeship.

8.

• (b) The provisions of clause (a) of this Regulation shall apply without prejudice to the obligation of the trainee solicitor concerned to comply with the requirements for admission as a solicitor applicable to him or her as set forth in section 24 (as substituted by section 40 of the Act of 1994) of the Act and Regulation 25; and the appropriate term in relation to such indentures of apprenticeship for the purposes of subsection (1) (b) of section 24 (as so substituted) of the Act shall be construed having regard to the provisions of clause (a) of this Regulation.

• (c) Where application is made, pursuant to Regulation 6 or Regulation 7, by a person required to be bound by indentures of apprenticeship for consent to becoming bound by indentures of apprenticeship (or by an assignment 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 assignment of indentures of apprenticeship) in the Register of Trainee Solicitors solely on the ground that the practising solicitor concerned has (at the time of such application) already bound to him or her by indentures of apprenticeship a number of trainee solicitors 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 or her by indentures of apprenticeship a number of trainee solicitors equal to the greatest number permitted under the provisions of section 36 (as so substituted) of the Act as at the commencement date.

• (d) The Committee, on the application of a person who becomes bound by indentures of apprenticeship 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 four months) of attendance by such person at the office in the State of his or her intended training solicitor or at the office in the State of another practising solicitor prior to such person commencing the Professional Practice Course I to be equivalent to a period of in-office training served by such person as a trainee solicitor after he or she has duly completed at least eighteen months of his or her period of in-office training, provided that such period of attendance occurred within the period of six months next before the person commenced his or her attendance on the Professional Practice Course I.

• (e) The Committee shall not deem a period of attendance at an office outside the State as constituting a period of attendance for the purpose of clause (d) of this Regulation.

• (f) In clause (a) of this Regulation, “term of service under indentures of apprenticeship” means period of in-office training.

First and Second Irish Examinations.

9.

• (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) Every person seeking to be admitted as a solicitor shall pass the Second Irish Examination within two years before the expiration of his or her term of apprenticeship or within two years before his or her admission as a solicitor.

Preliminary Examinations.

10.

• (b) Only a person not exempted pursuant to Regulation 5(a) or pursuant to section 41 (as substituted by section 50 of the Act of 1994) of the Act shall be required to sit and pass the Preliminary Examination.

• (c) In order to sit the Preliminary Examination, a person shall have attained the age of 21 years at the date of commencement of the sitting of the Preliminary Examination in question.

• (d) Unless otherwise designated by the Committee, the Preliminary Examination shall comprise:

• (i) an essay in the English language;

• (ii) a paper on the use of English;

• (iii) a paper on government and politics; and

• (iv) a paper on general knowledge.

Final Examination.

11.

• (b) Unless exempted pursuant to Regulation 22, every person seeking to be admitted as a solicitor shall pass the Final Examination - First Part, the Final Examination - Second Part and the Final Examination - Third Part.

Final Examination — First Part.

12.

• (i) company law;

• (ii) constitutional law;

• (iii) the law of contract;

• (iv) criminal law;

• (v) equity;

• (vi) the law of the European Union;

• (vii) the law of property; and

• (viii) the law of torts.

• (b) A person shall be eligible to sit the Final Examination - First Part if he or she has satisfied the requirements of Regulation 5(a).

• (c) The following six rules (hereinafter in this clause of this Regulation referred to collectively as “Rules” or individually as “Rule” followed by the number of such Rule) shall apply to a candidate sitting the Final Examination - First Part:

Rule 1: Subject to the succeeding Rules, a candidate who achieves a pass mark in an examination in any of the eight subjects comprising the Final Examination - First Part shall be deemed to have passed that examination.

Rule 2: There shall be no limit to the number of attempts a candidate may make to pass the Final Examination - First Part, provided that a candidate shall only be deemed to have passed the Final Examination - First Part where the candidate is deemed to have passed the examinations in all of the eight subjects comprising the Final Examination - First Part within a period of not more than five years from the 31st December in the calendar year in which the candidate is deemed to have passed at least three of the examinations in accordance with Rule 3(ii) or (where applicable) at least two or one of the examinations in accordance with Rule 4(ii) or (iii).

Rule 3: Except where Rule 5 is applicable, a candidate sitting the Final Examination - First Part for the first time:

• (i) may sit the examinations in all eight subjects or, at his or her option, in any seven, six, five or four (but not less than four) of the eight subjects comprising the Final Examination - First Part; and

• (ii) must achieve a pass mark in at least three of the examinations sat in order to be deemed to have passed those examinations.

Rule 4: A candidate sitting the Final Examination - First Part for the first time who for any reason is required to sit an examination in only three, two or one of the eight subjects comprising the Final Examination - First Part:

• (i) must sit each such examination; and

• (ii) where required to sit three examinations, must achieve a pass mark in at least two of the examinations sat in order to be deemed to have passed the examinations in which he or she so achieves a pass mark; and

• (iii) where required to sit only two examinations or only one examination, shall be deemed to have passed each examination sat in which he or she achieves a pass mark.

Rule 5: A candidate to whom Rule 3 applies or to whom Rule 4 applies shall, notwithstanding that he or she may previously have sat the Final Examination - First Part, be deemed to be “sitting the Final Examination - First Part for the first time” until such time as the candidate fulfils the requirements of Rule 3(ii) or Rule 4(ii) or (iii), as the case may be.

Rule 6: Subject to Rule 2, a candidate who has complied with Rule 3(ii) or Rule 4(ii) or (iii), as the case may be, but who is still required to sit and achieve a pass mark in a remaining examination or examinations in the Final Examination - First Part:

• (i) where one remaining examination, may sit the remaining examination at a subsequent sitting of the Final Examination - First Part; and

• (ii) where two or more remaining examinations, may sit all the remaining examinations at one subsequent sitting of the Final Examination - First Part or, at his or her option, may sit the remaining examinations individually or in combinations less than the total remaining in separate subsequent sittings of the Final Examination - First Part; and

• (iii) shall be deemed to have passed each such remaining examination or examinations so sat in which he or she achieves a pass mark.

Final Examination — First Part examiners.

13.

• (b) (i) An internal examiner or an assistant internal examiner shall be a solicitor, a barrister or a third level institution teacher who is, in the opinion of the Committee, suitably qualified to examine in the subject in question.

• (ii) The functions of an internal examiner shall be -

• (A) to set the examination paper in the subject in question;

• (B) to mark the examination scripts of candidates in the subject in question, either alone or in conjunction with one or more assistant internal examiners; and

• (C) to attend meetings of the Board of Examiners.

• (iii) The functions of an internal assistant examiner shall be-

• (A) to mark such of the examination scripts of candidates in the subject in question as are submitted to him or her by the internal examiner; and

• (B) to attend meetings of the Board of Examiners.

• (c) (i) An external examiner shall be a solicitor, a barrister or a third level institution teacher who is, in the opinion of the Committee, suitably qualified to examine in the subject in question.

• (ii) The functions of an external examiner shall be -

• (A) to comment and advise on the examination paper set by the internal examiner in the subject in question;

• (B) to recheck as part of a standards verification process designated by the Board of Examiners, the marking methodologies of the internal examiner and the assistant internal examiner or examiners in the subject in question;

• (C) to attend meetings of the Board of Examiners; and

• (D) to recheck the examination scripts in the subject in question of candidates who seek such a recheck subsequent to the declaration of results of the Final Examination - First Part.

• (d) (i) There shall be a board of examiners (in this Regulation referred to as the “Board of Examiners”) for the Final Examination - First Part comprised of:

• (A) the internal examiners, the internal assistant examiners and the external examiners in each of the eight subjects comprising the Final Examination - First Part;

• (B) such member or members of the staff of the Society (not exceeding three) as the Committee designate to perform the administrative functions of the Board of Examiners; and

• (C) such other suitably qualified and independent person or persons (not exceeding three) nominated by the Committee to represent the public interest;

AND the chairman of the Board of Examiners shall be chosen annually by the members of the Board of Examiners from amongst the examiner members.

• (ii) The functions of the Board of Examiners shall be -

• (A) to preside over the individual functions of the internal examiners, the internal assistant examiners and the external examiners;

• (B) to make recommendations as to the organisation and the conduct of sittings of the Final Examination - First Part;

• (C) to supervise the preparation of spreadsheets of marks obtained by each candidate in each subject examination sat by that candidate in the Final Examination - First Part, with each such candidate being identified only by the candidate's examination number;

• (D) to consider the marks of each candidate in each examination sat by that candidate in the Final Examination - First Part;

• (E) to recommend to the Committee the candidates who should be declared by the Committee to have passed the Final Examination - First Part, or who should be deemed to have passed individual subject examinations within the Final Examination - First Part, or who should not be so declared or so deemed; and

• (F) to supervise the re-checking of examination scripts as provided for in clause (f) of this Regulation, and, if requested by one or more of its members, to reconvene to consider any matter arising from the re-checking process.

• (e) As soon as practicable after the Board of Examiners has submitted its recommendations in accordance with clause (d)(ii)(E) of this Regulation, the Committee shall declare the results as so recommended and shall ensure that each candidate is notified in writing of his or her individual result.

• (f) (i) A candidate may, within a period of fourteen days immediately following the declaration by the Committee of the results of the Final Examination - First Part, apply in writing to the Society for a re-check of his or her examination script in respect of any subject examination in which he or she is deemed not to have passed and shall remit the appropriate re-check fee as prescribed from time to time by the Society.

• (ii) The Society shall, upon receipt of any such application for a re-check (accompanied by the prescribed re-check fee), submit the script or scripts in question for such a re-check to the external examiner or examiners for the subject or subjects in question.

• (iii) An external examiner, to whom an examination script is submitted for a re-check, shall, as soon as practicable, carry out such a re-check and communicate the outcome to the Society by returning the script to the Society with an appropriate endorsement of the outcome on the outside front page of the examination script in question.

• (iv) The Society shall, as soon as practicable after being notified of the outcome of a re-check, notify the candidate in question of such outcome, which outcome shall be final and conclusive unless the external examiner concerned or any other member of the Board of Examiners requests a reconvening of the Board of Examiners to consider any matter arising from such a re-check, in which event the decision of the Board of Examiners on the outcome of the re-check shall be final and conclusive.

Time limit on Final Examination - First Part.

14.

Law School.

15.

• (b) The Society may appoint a director of education, who shall be head of the Law School, and a deputy director of education; and the Society may, in accordance with the provisions of section 40(1) (as substituted by section 49(a) of the Act of 1994) of the Act, designate one or both as professor or professors.

• (c) The functions of the Director of Education and the Deputy Director of Education shall be as designated from time to time by the Committee.

• (d) The Professional Practice Course I and the Professional Practice Course II shall take place in the Law School at such times and for such periods as shall be determined from time to time by the Committee.

• (e) The Committee may designate from time to time rules for the operation of the Law School.

Admission to Law School.

16.

• (b) When a person applies pursuant to clause (a) of this Regulation to be admitted to the Law School to attend the Professional Practice Course I, such person shall produce to the Society written evidence that provision will exist for him or her to obtain his or her period of in-office training pursuant to Regulation 19(a) commencing on the commencement date.

Professional Practice Course I.

17.

• (b) A person who has complied with the provisions of Regulation 16 shall be required to attend the Professional Practice Course I at such time and for such period as shall be determined and duly notified to him or her by the Law School.

• (c) The Law School may notify a person before his or her attendance on the Professional Practice Course I of specified areas of law which should be studied or revised by way of preparation for the course, and may seek to verify that such study or revision has taken place by means of a test or interview or both.

Final Examination - Second Part.

18.

• (b) Without prejudice to the generality of clause (a) of this Regulation, the Committee may decide, in its discretion, to hold the Final Examination - Second Part or an individual examination or examinations forming part of the Final Examination - Second Part at any time, whether during or after a particular Professional Practice Course I, and may allow marks for each or any subject examined as part of the Final Examination - Second Part to be awarded in respect of a written examination or written project work or in respect of any other method of assessment it may designate, or a combination thereof.

• (c) The individual examinations comprising the Final Examination - Second Part shall be in subjects or combinations of subjects as are specified from time to time by the Committee from amongst the subjects set forth in the Appendix to these Regulations, together with an examination or examinations in such additional subjects as may be specified from time to time by the Committee.

• (d) The Committee shall take all reasonable and appropriate steps to ensure that 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 and that each candidate is notified in writing of his or her individual result.

• (e) A person who does not achieve a pass mark in 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.

• (f) (i) The Committee shall procure that a person, who has duly attended the Professional Practice Course I 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 achieved a pass mark in 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 or she is required by the Committee to re-sit (whether during his or her period of in-office training or following the completion thereof) within a period of not more than six months after he or she has previously sat and not achieved a pass mark in the individual examination or examinations in question.

• (ii) Where the format or content of an individual examination or examinations comprising the Final Examination - Second Part has been changed (whether by addition, deletion or substitution or by the combining 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 achieved a pass mark in same in a previous sitting of the Final Examination - Second Part, shall sit (or re-sit) an 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 in question that he or she had not been deemed to have passed in a previous sitting of the Final Examination - Second Part.

• (g) A person to whom clause (f) of this Regulation applies-

• (i) shall, subject to sub-clause (ii) of clause (f), be required to achieve a pass mark in each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination - Second Part;

• (ii) may, if required and subject to sub-clause (ii) of clause (f) and to sub-clause (iii) of this clause, re-sit more than once the one or more of the individual examinations in question (whether during his or her period of in-office training or following the completion thereof); and

• (iii) shall not be entitled to re-sit any one or more of the individual examinations comprising the Final Examination - Second Part on more than five occasions without the consent of the Committee, who may require a person to re-attend the Professional Practice Course I or such parts thereof as the Committee may direct before consenting to that person again re-sitting the one or more of the individual examinations in question.

• (h) The Committee may, on the application of either a trainee solicitor to whom clause (f) of this Regulation applies or his or her training solicitor, adjudicate on any dispute arising between the trainee solicitor and his or her training solicitor by reason of the trainee solicitor, during the 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.

In-office training.

19.

• (b) Notwithstanding the provisions of clause (a) of this Regulation, a trainee solicitor may, with the prior consent in writing of his or her training solicitor and of the Committee or the Director of Education, during his or her period of in-office training for a duration of time not exceeding six months, hold an office or engage in employment in the State or elsewhere, which, in the opinion of the Committee or the Director of Education in the particular case, would be advantageous to such trainee solicitor in the furtherance of his or her education or training (or both) and his or her preparation for admission to the solicitors' profession.

• (c) A trainee solicitor shall not be entitled to be admitted to the Law School to attend the Professional Practice Course II if he or she has not, in the opinion of the Committee in the particular case, duly completed at least eleven months of his or her period of in-office training.

• (d) The Committee may request a trainee solicitor or his or her training solicitor (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 trainee solicitor.

• (e) Where the Committee is not satisfied as to the adequacy of the period of in-office training of the trainee solicitor, the Committee may require the trainee solicitor to attend for a further period of in-office training either at the office of his or her training solicitor or at the office of another practising solicitor, nominated by the trainee solicitor or his or her training solicitor or the Society and approved by the Committee.

• (f) Where, following upon an interview conducted pursuant to clause (d) of this Regulation, the Committee is prima facie of the opinion that a training solicitor has unjustifiably failed to comply with his or her covenants and agreements with a trainee solicitor contained in the indentures of apprenticeship (or assignment thereof) executed by both the training solicitor and the trainee solicitor, 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 training solicitor in that regard on the ground of alleged misconduct.

• (g) Where, following upon an interview conducted pursuant to clause (d) of this Regulation, the Committee is prima facie of the opinion that a trainee solicitor has unjustifiably failed to comply with his or her covenants and agreements with his or her training solicitor contained in the indentures of apprenticeship (or assignment thereof) executed by both the trainee solicitor and his or her training solicitor, the Committee may decide to enter upon a consideration of the matter as if it were a complaint of alleged misconduct made against the trainee solicitor pursuant to Regulation 24 and, upon the Committee so deciding, the matter shall then proceed in accordance with the provisions of Regulation 24.

Professional Practice Course II.

20.

• (b) A trainee solicitor who has been declared by the Committee to have passed the Final Examination - Second Part and has duly completed at least eleven months of his or her period of in-office training pursuant to Regulation 19(c), shall be entitled to be admitted to the Law School to attend the Professional Practice Course II and shall be required to attend the Professional Practice Course II at such time and for such period as shall be determined and duly notified to him or her by the Committee.

• (c) A trainee solicitor to whom clause (b) of this Regulation applies, with the permission of his or her training solicitor or of the Committee, may attend the Professional Practice Course II on a full-time release basis during his or her period of in-office training.

• (d) The Law School may notify a person before his or her attendance on the Professional Practice Course II of specified areas of law which should be studied or revised by way of preparation for the course, and may seek to verify that such study or revision has taken place by means of a test or interview or both.

Final Examination-Third Part.

21.

• (b) Without prejudice to the generality of clause (a) of this Regulation, the Committee may decide, in its discretion, to hold the Final Examination - Third Part or an individual examination or examinations forming part of the Final Examination - Third Part at any time, whether during or after a particular Professional Course Part II, and may allow marks for each or any subject examined as part of the Final Examination - Third Part to be awarded in respect of a written examination or written project work or in respect of any other method of assessment it may designate, or a combination thereof.

• (c) The individual examinations comprising the Final Examination - Third Part shall be in subjects or combinations of subjects as are specified from time to time by the Committee from amongst the subjects set forth in the Appendix to these Regulations, together with an examination or examinations in such additional subjects as may be specified from time to time by the Committee.

• (d) The Committee shall take all reasonable and appropriate steps to ensure that 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 and that each candidate concerned is notified in writing of his or her individual result.

• (e) A person who does not achieve a pass mark in 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.

• (f) (i) The Committee shall ensure that a trainee solicitor or other person, who has duly attended the Professional Practice Course II 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 achieved a pass mark in 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 or she is required by the Committee to re-sit within a period of not more than six months after he or she has previously sat and not achieved a pass mark in the individual examination or examinations in question.

• (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 or substitution or by the combining of subjects), the Committee, in its discretion, may direct that person who is required to re-sit one or more individual examinations by reason of not having achieved a pass mark in same in a previous sitting of the Final Examination - Third Part, shall sit (or re-sit) an 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 in question that he or she had not been deemed to have passed in a previous sitting of the Final Examination - Third Part.

• (g) A person to whom clause (f) of this Regulation applies-

• (i) shall, subject to sub-clause (ii) of clause (f), be required to achieve a pass mark in each one or more of the individual examinations in question before being declared by the Committee to have passed the Final Examination - Third Part;

• (ii) may, if required and subject to sub-clause (ii) of clause (f) and to sub-clause (iii) of this clause, re-sit more than once the one or more of the individual examinations in question; and

• (iii) shall not be entitled to re-sit any one or more of the individual examinations comprising the Final Examination - Third Part on more than five occasions without the consent of the Committee, who may require a person to re-attend the Professional Practice Course II or such parts thereof as the Committee may direct before consenting to that person again re-sitting the one or more of the individual examinations in question.

• (h) The Committee may, on the application of either a trainee solicitor to whom clause (f) of this Regulation applies or his or her training solicitor, adjudicate on any dispute arising between the trainee solicitor and his or her training solicitor by reason of the trainee solicitor, during the 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 - Third Part.

Discretionary exemption from examinations.

22.

• (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 who, in the opinion of the Committee, has a record of distinguished legal academic achievement.

Barristers seeking admission as solicitors.

23.

• (a) to attend the Professional Practice Course I or such parts of the Professional Practice Course I as he or she has not been exempted from by the Committee;

• (b) to attend on a continuous and full-time 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 Professional Practice Course II or such parts of the Professional Practice Course II as he or she has not been exempted from by the Committee.

Allegations of misconduct by trainee solicitors.

24.

• (b) (i) The Committee shall be entitled to receive and consider any complaint of alleged misconduct made against a trainee solicitor.

• (ii) If the Committee decides to enter upon a consideration of any such complaint, the Committee shall, as soon as practicable, notify in writing the trainee solicitor concerned of the nature of the complaint and shall furnish such trainee solicitor (or any solicitor instructed by such trainee solicitor) with an opportunity of responding to such complaint within a period of not less than seven days.

• (iii) The Committee may, with due notice to such trainee solicitor, conduct such hearing and hear such evidence as the Committee considers appropriate and reasonable, including evidence by and on behalf of such trainee solicitor.

• (iv) In conducting any such hearing the Committee shall, as far as is practicable and reasonable, proceed in the same manner as the Disciplinary Tribunal would proceed when sitting to hear an allegation of misconduct against a solicitor.

• (c) If the Committee, after due consideration, finds a complaint of misconduct made against a trainee solicitor to be well-founded, the Committee may adopt one or more of the following courses, as the Committee thinks fit in the circumstances of the case, namely:

• (i) report in writing to the President of the High Court that such trainee solicitor is not, in the opinion of the Committee, for reasons specified in such report, a fit and proper person to be admitted as a solicitor;

• (ii) refuse permission to such trainee solicitor to take any one or more Society examinations provided for in these Regulations, either at all or for such period as the Committee designates in the circumstances of the case;

• (iii) refuse to permit such trainee solicitor to complete the sitting of any Society examination;

• (iv) require such trainee solicitor to repeat any one or more Society examinations (or one or more subject examinations within one or more Society examinations);

• (v) suspend such trainee solicitor from attendance at the Law School or at a Society lecture or lectures or other educational or training activity or activities of the Society for such period as the Committee designates;

• (vi) require such trainee solicitor to repeat the entire or specified parts of the Professional Practice Course I or the Professional Practice Course II;

• (vii) require such undertakings or apologies from such trainee solicitor as the Committee specifies in the circumstances of the case.

• (d) A trainee solicitor aggrieved by a decision of the Committee made pursuant to clause (c) of this Regulation shall be entitled, within fourteen days of notification to him or her of such decision, to apply to the President of the High Court for review of such decision.

• (e) Where the Director of Education receives a complaint concerning (or otherwise becomes aware of) the alleged misconduct of a trainee solicitor in relation to his or her attendance (or non-attendance) at the Law School or at a sitting of a Society examination or at a Society lecture or other educational or training activity of the Society, the Director of Education, after due consideration and without prejudice to any subsequent referral of such complaint to the Committee pursuant to the foregoing provisions of this Regulation, may (as may be reasonable and appropriate) do one or more of the following, namely-

• (i) suspend the trainee solicitor from attendance at the Law School for a period of not more than seven days;

• (ii) refuse to permit the trainee solicitor to sit or to complete the sitting of any Society examination; or

• (iii) refuse to permit the trainee solicitor to attend or to continue to attend a Society lecture or other educational or training activity of the Society.

• (f) A trainee solicitor who, pursuant to clause (e) of this Regulation, is the subject of a suspension or refusal by the Director of Education in relation to attendance (or non-attendance) at the Law School or the sitting or completion of a Society examination or the attendance or continued attendance at a Society lecture or other educational or training activity of the Society, the trainee solicitor shall have the right to appeal such suspension or refusal to the Committee (by notice in writing to the Registrar within a period of not more than three full days from the date of the trainee solicitor being notified of such decision) to review such decision; provided that such refusal or suspension shall remain in full force and effect pending the hearing by the Committee of any such appeal unless the chairman for the time being of the Committee (or, where unavailable, two other members of the Committee), on being contacted by the Registrar at the request of the trainee solicitor, decides (or decide) that such suspension or refusal should not take effect or should not continue pending the hearing by the Committee of the appeal.

• (g) Nothing in this Regulation shall preclude the Committee from requiring a trainee solicitor to attend before it in relation to any matter concerning his or her conduct as a trainee solicitor.

Requirements for admission as a solicitor.

25.

• (i) he or she has duly attended (or been duly exempted in whole or in part from so attending) the Professional Practice Course I and the Professional Practice Course II;

• (ii) he or she has duly passed (or been exempted in whole or in part from passing) each of the Society examinations specified in these Regulations;

• (iii) he or she has duly completed his or her period of in-office training to the satisfaction of the Committee and has submitted to the Society:

• (A) a statutory declaration by his or her training solicitor in the form set forth in Form 6 in the Schedule to these Regulations, unless the Committee, for good and sufficient reason, otherwise determines, and

• (B) a statutory declaration by the trainee solicitor in the form set forth in Form 7 in the Schedule to these Regulations; and

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

Application for entry for examinations.

26.

General.

27.

Dated this 27^th day of November 2001
Signed on behalf of the Law Society of Ireland pursuant to Section 79 of the Solicitors Act, 1954 .
[image omitted] _______
Elma Lynch,
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 30^th day of November 2001
[image omitted] _______
John O'Donoghue, T.D.,
Minister for Justice, Equality and Law Reform.

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 and Ethics

Revenue Law and Taxation

Social Welfare Law

Wills, Probate and Administration of Estates

SCHEDULE WITHIN REFERRED TO

FORM 1

APPLICATION FOR CONSENT TO ENTER INTO INDENTURES OF APPRENTICESHIP

I, ............................................................ .............................. of ............................................................ ............................................................ .................... ............................................................ ............................................................ ............................................................ .................................... in the City/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 City/County of ................................................, for a term of service as a trainee solicitor 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 Practice Course I and my sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as I shall be required to sit.

[Official copy of my birth certificate attached]

[Evidence attached]

or

¹ I am exempted from sitting the Society's Preliminary Examination by reason of holding a recognised degree²

[Certified copy of degree attached]

or

¹ 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]

or