S.I. No. 546/2001 - The Solicitors Acts, 1954 To 1994 (Apprenticeship and Education) Regulations, 2001
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.
12 amending acts · 2019-10-11, S.I. No. 503/2019 - The Solicitors Acts 1954 to 2011 (Apprenticeship and Education) (Amen…
1 I am exempted from sitting the Society's Preliminary Examination by reason of being a law clerk within the meaning of section 26 (as substituted by section 42 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 and I have attained a standard of education and experience as, in the opinion of the Society's Education Committee in the particular case, is equivalent to the Society's Preliminary Examination.
[Copy of written confirmation of the decision of the Society's Education Committee in that regard attached]
I passed the Society's Final Examination - First Part in ............................ 19....../ 20......
[Evidence attached]
I passed the Society's First Irish Examination in ...................................... 19....../ 20......
[Evidence attached]
My previous education record is as set forth in the attached certificate signed by me.
[Attached certificate should give details of primary, secondary and university education and public examination(s) passed and degree(s) obtained]
My previous employment record is as set forth in the attached certificate signed by me.
[Attached certificate should give details of name and address of each employer, applicant's occupation in each employment and period of each employment]
I attach character references from:
- (i) Name: ............................................................ ............................................................ .............
Occupation: ............................................................ ............................................................ .....
Address: ............................................................ ............................................................ ..........
and
- (ii) Name: ............................................................ ............................................................ .............
Occupation: ............................................................ ............................................................ .....
Address: ............................................................ ............................................................ ..........
[At least two character references should accompany this application in addition to the character references contained in the accompanying Certificate of the proposed training solicitor, but other character references may be requested by the Society's Education Committee]
I have not been convicted of any crime, nor has the Probation of Offenders Act, 1907 been applied to any charge against me, nor is there any criminal charge pending against me (other than as attached).
[Delete words in brackets, if inapplicable]
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 section 27 (as substituted by section 43 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 .
| Dated this ...................... day of ............................................................ ........ 20.... |
| ..................................................... |
| Signature of Applicant |
FORM 2
CERTIFICATE OF PROPOSED TRAINING SOLICITOR
I, ............................................................ ............................................. of ............................................................ ............................................................ ........ .................................................. in the City/County of ..........................................................., Solicitor HEREBY CERTIFY to the Law Society of Ireland (“the Society”) as follows:
I 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 3 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-
1 no trainee solicitor bound to me by indentures of apprenticeship (or assignment thereof) either where the term thereof has already commenced or where the term thereof is due to commence in the future.
or
1 ................ trainee solicitor(s) as set forth in the attached certificate signed by me.
[The attached certificate should give name(s) of the trainee solicitor(s), date(s) of indentures of apprenticeship (or assignment(s) thereof) in each case, and the actual commencement date(s), where applicable, or approximate commencement date(s), where in the future, of each term of service under such indentures of apprenticeship (or assignment(s) thereof).]
I have read the Application for Consent to Enter into Indentures 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 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, he/she duly completing the Society's Professional Practice Course I and he/she sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as he/she shall be required to sit.
| Dated this ...................... day of ............................................................ ........ 20.... |
| ............................................................ ........ |
| Signature of proposed training solicitor |
- (a) a sole practitioner, or
- (b) a partner in a firm of solicitors, or
- (c) a solicitor in the whole time employment of a body corporate, or
- (d) a solicitor in the full-time service of the State within the meaning of section 54 (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 on the ....... day of ............................ 20... BETWEEN ............................................................ .................. of ............................................................ ......... in the City/County of ................................, Solicitor (hereinafter called “the training solicitor”) of the First Part AND ............................................... of ............................................................ ..... in the City/County of .............................................. (hereinafter called “the trainee solicitor”) of the Second Part.
WITNESSETH as follows:-
In consideration of the mutual covenants hereinafter contained and of the future payments by way of salary made by the training solicitor to the trainee solicitor, the trainee solicitor hereby binds himself/herself as a trainee solicitor to the training solicitor to attend on a continuous and full-time basis at the office of the training solicitor for a period of two years (hereinafter referred to as “the period of in-office training”) to commence on the date (hereinafter referred to as “the commencement date”) that is fourteen days after the date on which the later of the following occurs, namely, the trainee solicitor duly completing the Professional Practice Course I of the Law Society of Ireland (“the Society”) and the trainee solicitor sitting the last of the individual examinations comprising the Society's Final Examination - Second Part as he/she shall be required to sit.
COVENANTS OF THE TRAINEE SOLICITOR
The trainee solicitor hereby COVENANTS with the training solicitor that during the period of in-office training he/she shall:
- (a) duly serve the training solicitor as a trainee solicitor during the period of in-office training from the commencement date;
- (b) refrain from disclosing any information as to the business of the training solicitor or of any client of the training solicitor (or of any partner or employee of the training solicitor or of the firm of which the training solicitor 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 reasonable directions of the training solicitor (or of any partner or employed solicitor of the training solicitor) and not depart or be absent from the service of the training solicitor at any time during the period of in-office training without the previous consent of the training solicitor 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 training solicitor or of any client of the training solicitor (or of any partner or employee of the training solicitor or of the firm of which the training solicitor 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 Society 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 during the period of in-office training;
- (g) abide by the terms of any code of conduct for trainee solicitors as may from time to time be notified by the Society to the solicitors profession and to trainee solicitors; and
- (h) in the event of the breach of any of the foregoing covenants or if the training solicitor or any partner or employee or client of the training solicitor (or of the firm of which the training solicitor is part) sustains or suffers any loss or prejudice arising out of the misconduct or wrongful neglect of the trainee solicitor (without prejudice to any other action which has been or might be taken by the training solicitor or by the Society), make good and reimburse to the training solicitor the amount of the value thereof.
COVENANTS OF THE TRAINING SOLICITOR
The training solicitor hereby COVENANTS with the trainee solicitor that during the period of in-office training he/she shall:
- (a) take the trainee solicitor as a trainee solicitor;
- (b) provide the trainee solicitor with such office facilities as are appropriate and reasonable to enable the trainee solicitor duly to 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 trainee solicitor 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 notified by the Society to the solicitors profession;
- (d) by the best ways and means he/she can, instruct the trainee solicitor (or cause the trainee solicitor to be instructed) and provide the trainee solicitor with the opportunity to obtain experience in the practice of law and the practice and profession of a solicitor;
- (e) abide by the terms of any code of conduct for training solicitors as may from time to time be notified by the Society to the solicitors profession and to trainee solicitors; and
- (f) without prejudice to the generality of covenant (d)-
- (i) provide the trainee solicitor 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 trainee solicitor with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 1, Block 2 and Block 3 (below) AND with reasonable and appropriate instruction and experience in at least two of the areas of legal practice set out in Block 4 (below):
Block 1
Conveyancing and Landlord and Tenant Law
Block 2
Litigation
Block 3
Wills, Probate and Administration of Estates
Block 4
Commercial Law
Company Law
Criminal Law and Procedure
Employment Law
European Union Law
Family Law
Insolvency Law
Intellectual Property Law
Law of Trusts
Pensions Law
Planning and Environmental Law
Revenue Law and Taxation
Social Welfare Law
Other specialised area(s) of legal practice, namely,
............................................................ ....................................
............................................................ ....................................; and
- (iii) where the training solicitor is unable, for whatever reason, to provide (or cause to be provided) within his/her office 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 trainee solicitor to be seconded for an appropriate period to the office of another practising solicitor, as approved in advance by the Society, in order that the trainee solicitor be given the opportunity to acquire such reasonable and appropriate instruction and experience.
REVIEW OF EXPERIENCE, APPRAISAL OF PERFORMANCE AND ATTENDANCE ON THE PROFESSIONAL PRACTICE COURSE II
The training solicitor hereby AGREES with the trainee solicitor that, during the period of in-office training, he/she shall:
- (a) permit the trainee solicitor to maintain a due written record of the work done, instruction received and experience obtained by the trainee solicitor (for production by the trainee solicitor to the training solicitor and to the Society, if requested);
- (b) ensure adequate arrangements for appropriate guidance of the trainee solicitor, including access by the trainee solicitor to the training solicitor, or other supervising partners or employed solicitors within the office of the training solicitor, on a day-to-day basis;
- (c) make suitable arrangements to monitor the progress of the trainee solicitor on a regular basis and to discuss that progress with the trainee solicitor;
- (d) permit the trainee solicitor to attend the Professional Practice Course II on a full-time release basis after the completion of at least eleven months of his/her period of in-office training commencing on the commencement date;
- (e) make prompt and adequate arrangements to deal, as necessary, with any reasonable personal concerns of the trainee solicitor; and
- (f) (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 trainee solicitor to be admitted as a solicitor provided that the trainee solicitor shall have duly served as a trainee solicitor 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 courses of education or training (or both) and passed the prescribed examinations and otherwise duly complied with all other prescribed requirements of the Society for the time being in force.
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 trainee solicitor duly completing the Society's Professional Practice Course I and sitting the individual examinations comprising the Society's Final Examination - Second Part as he/she shall be required to sit AND in the event of the trainee solicitor 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 and in the Regulations of the Society for the time being in force.
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 training solicitor
in the presence of
............................................................ .....................
SIGNED and SEALED by the trainee solicitor
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 Trainee Solicitors pursuant to section 28 of the Solicitors Act, 1954 this........... day of ................................... 20....
| ........................................................ |
| Registrar of Solicitors |
FORM 4
STATUTORY DECLARATION OF INTENDED TRAINING SOLICITOR AS TO EXECUTION OF INDENTURES OF APPRENTICESHIP OR ASSIGNMENT OF INDENTURES OF APPRENTICESHIP
I, ............................................................ .............................................. of ............................................................ ............................................................ ......... ............................................................ .......... in the City/County of ........................................ Solicitor
DO SOLEMNLY AND SINCERELY DECLARE as follows:
I 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 full-time service of the State* at ............................................................ ............................................................ ................................. in the City/County of ............................................................ ..
The indentures of apprenticeship [assignment of indentures of apprenticeship*] dated the ....... day of .......................................... 20...... produced herewith to the Registrar of Solicitors pursuant to section 28 of the Solicitors Act, 1954 , were duly executed by............................................................ ..................... and by myself, this declarant.
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 Practice Course I 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 he/she shall be required to sit.
or
The terms of such indentures of apprenticeship/assignment of indentures of apprenticeship will commence on ..........................................., the said trainee solicitor, having already completed .......................... months of his/her period of in-office training between ................................ and ................................ in the office of ............................................., his/her former training solicitor, leaving the residue of a term of ....................... months for which the said trainee solicitor is required to be bound by these new indentures of apprenticeship/this assignment of indentures of apprenticeship made with the written consent of the Law Society of Ireland (“the Society”).
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 Solicitor1 by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me1 ) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20.... |
| Signature of training solicitor/declarant | Declared before me a Commissioner for Oaths/Practising Solicitor1 by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me1 ) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20.... |
| Signed ............................................................ .... | |
| Commissioner for Oaths/Practising Solicitor1 |
FORM 5
ASSIGNMENT OF INDENTURES OF APPRENTICESHIP
ASSIGNMENT OF INDENTURES OF APPRENTICESHIP made on the ............. day of ................................... 20 ........ BETWEEN ............................................................ ............... of ............................................................ ................................. in the City/County of ............................................, Solicitor (hereinafter called “the former training solicitor”) of the First Part AND
....................................... of ............................................................ ............ in the City/County of ..............................., Solicitor (hereinafter called “the training solicitor”) of the Second Part AND
....................................... of ............................................................ ............ in the City/County of ............................... (hereinafter called “the trainee solicitor”) of the Third Part.
WHEREAS the trainee solicitor was bound to the former training solicitor as a trainee solicitor by indentures of apprenticeship dated the ....... day of ............................... 20 ... (hereinafter referred to as the “original indentures”) to serve a period of in-office training, which commenced on the .... day of ............................... 20 ..., under which the trainee solicitor has completed ........... months of the period of in-office training/which has not yet commenced1 .
AND WHEREAS by written consent dated the ......... day of .......................................... 20 .... the Law Society of Ireland (“the Society”) consented to the assignment of the original indentures to the training solicitor.
WITNESSETH as follows:-
(a) The mutual rights, duties and obligations of the former training solicitor and the trainee solicitor under the original indentures are extinguished, without prejudice to any rights, duties and obligations which have accrued thereunder.
- (b) In consideration of the mutual covenants hereinafter contained and of the future payments by way of salary made by the training solicitor to the trainee solicitor, the trainee solicitor hereby binds himself/herself as a trainee solicitor to the training solicitor to attend on a continuous and full-time basis at the office of the training solicitor for a period of two years/the unexpired term of ................ months of the original indentures1 commencing on the ................ day of ................................... 20........ (“the commencement date”).
COVENANTS OF THE TRAINEE SOLICITOR
The trainee solicitor hereby COVENANTS with the training solicitor that during the period of in-office training he/she shall:
- (a) duly serve the training solicitor as a trainee solicitor during the period of in-office training from the commencement date;
- (b) refrain from disclosing any information as to the business of the training solicitor or of any client of the training solicitor (or of any partner or employee of the training solicitor or of the firm of which the training solicitor 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 reasonable directions of the training solicitor (or of any partner or employed solicitor of the training solicitor) and not depart or be absent from the service of the training solicitor at any time during the period of in-office training without the previous consent of the training solicitor 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 training solicitor or of any client of the training solicitor (or of any partner or employee of the training solicitor or of the firm of which the training solicitor 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 Society 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 during the period of in-office training;
- (g) abide by the terms of any code of conduct for trainee solicitors as may from time to time be notified by the Society to the solicitors profession and to trainee solicitors; and
- (h) in the event of the breach of any of the foregoing covenants or if the training solicitor or any partner or employee or client of the training solicitor (or of the firm of which the training solicitor is part) sustains or suffers any loss or prejudice arising out of the misconduct or wrongful neglect of the trainee solicitor (without prejudice to any other action which has been or might be taken by the training solicitor or by the Society), make good and reimburse to the training solicitor the amount of the value thereof.
COVENANTS OF THE TRAINING SOLICITOR
The training solicitor hereby COVENANTS with the trainee solicitor that during the period of in-office training he/she shall:
- (a) take the trainee solicitor as a trainee solicitor;
- (b) provide the trainee solicitor with such office facilities as are appropriate and reasonable to enable the trainee solicitor duly to 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 trainee solicitor 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 notified by the Society to the solicitors profession;
- (d) by the best ways and means he/she can, instruct the trainee solicitor (or cause the trainee solicitor to be instructed) and provide the trainee solicitor with the opportunity to obtain experience in the practice of law and the practice and profession of a solicitor;
- (e) abide by the terms of any code of conduct for training solicitors as may from time to time be notified by the Society to the solicitors profession and to trainee solicitors; and
- (f) without prejudice to the generality of covenant (d) and to any training already received from the former training solicitor -
- (i) provide the trainee solicitor 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 trainee solicitor with reasonable and appropriate instruction and experience in the areas of legal practice set out in Block 1, Block 2 and Block 3 (below) AND with reasonable and appropriate instruction and experience in at least two of the areas of legal practice set out in Block 4 (below):
Block 1
Conveyancing and Landlord and Tenant Law
Block 2
Litigation
Block 3
Wills, Probate and Administration of Estates
Block 4
Commercial Law
Company Law
Criminal Law and Procedure
Employment Law
European Union Law
Family Law
Insolvency Law
Intellectual Property Law
Law of Trusts
Pensions Law
Planning and Environmental Law
Revenue Law and Taxation
Social Welfare Law
Other specialised area(s) of legal practice, namely,
............................................................ .....................................................
............................................................ .............................................; and
- (iii) where the training solicitor is unable, for whatever reason, to provide (or cause to be provided) within his or her office 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 trainee solicitor 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 trainee solicitor be given the opportunity to acquire such reasonable and appropriate instruction and experience.
REVIEW OF EXPERIENCE, APPRAISAL OF PERFORMANCE AND ATTENDANCE ON THE PROFESSIONAL PRACTICE COURSE II
The training solicitor hereby AGREES with the trainee solicitor that during the period of in-office training he/she shall:
- (a) permit the trainee solicitor to maintain a due written record of the work done, instruction received and experience obtained by the trainee solicitor (for production by the trainee solicitor to the training solicitor and to the Society, if requested);
- (b) ensure adequate arrangements for appropriate guidance of the trainee solicitor, including access by the trainee solicitor to the training solicitor, or other supervising partners or employed solicitors within the office of the training solicitor, on a day-to-day basis;
- (c) make suitable arrangements to monitor the progress of the trainee solicitor on a regular basis and to discuss that progress with the trainee solicitor;
- (d) permit the trainee solicitor to attend the Professional Practice Course II on a full-time release basis after the completion of at least eleven months of his/her period of in-office training commencing on the commencement date;
- (e) make prompt and adequate arrangements to deal, as necessary, with any reasonable personal concerns of the trainee solicitor; and
- (f) (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 trainee solicitor to be admitted as a solicitor provided that the trainee solicitor shall have duly served as a trainee solicitor during the period of in-office training and shall have performed and observed the covenants on his or her part herein before contained and shall have duly completed the prescribed courses of education or training (or both) and passed the prescribed examinations) and otherwise duly complied with all other prescribed requirements of the Society in force for the time being.
CONDITIONS PRECEDENT
The coming into effect of this assignment of indentures of apprenticeship and the commencement of the period of in-office training is conditional upon the trainee solicitor duly completing the Society's Professional Practice Course I and sitting the individual examinations comprising the Society's Final Examination - Second Part as he/she shall be required to sit and with complying with any conditions laid down by the Education Committee of the Society in the written consent to assignment dated the ................ day of ............................................ 20 ...... AND in the event of the trainee solicitor not satisfying these conditions precedent within a period of three years following the date hereof, or such other specified time, then this assignment of 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
This assignment of indentures of apprenticeship may (subject to at least two months prior notice in writing to that intended effect being served by the party of the Second Part or of the Third Part 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 and in the Regulations of the Society for the time being in force.
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 former training solicitor
in the presence of
.........................................................
SIGNED and SEALED
by the training solicitor
in the presence of
.........................................................
SIGNED and SEALED
by the training solicitor
in the presence of
.........................................................
(This assignment of indentures of apprenticeship must be produced to the Registrar of Solicitors within two months of the date thereof.).
(For office use only)
Produced to the Registrar of Solicitors and particulars thereof entered in the Register of Trainee Solicitors pursuant to section 28 of the Solicitors Act, 1954 this........... day of ................................... 20....
| ........................................................ |
| Registrar of Solicitors |
FORM 6
STATUTORY DECLARATION OF TRAINING SOLICITOR AS TO SERVICE BY TRAINEE SOLICITOR OF ALREADY COMPLETED PERIOD OF IN-OFFICE TRAINING
I, ............................................................ ............................................. of ............................................................ ............................................................ ........ ............................................................ .................... in the City/County of ............................................................ ................, Solicitor
DO SOLEMNLY AND SINCERELY DECLARE as follows:
That ............................................................ .......... (hereinafter referred to as “the trainee solicitor”) has been bound to me as a trainee solicitor by indentures of apprenticeship dated the ............ day of ............................... 20 ...../by assignment of indentures of apprenticeship dated the ........... day of ............................. 20......4 to serve a period of in-office training which commenced on the ...... day of ....................... 20 ..... (being the date that was fourteen days after the date on which the later of the following occurred, namely, the trainee solicitor having duly completed the Society's Professional Practice Course I and the trainee solicitor having sat the last of the individual examinations comprising the Society's Final Examination - Second Part as he/she was required to sit - “the commencement date”).
Since the commencement date, the trainee solicitor has duly attended on a continuous and full-time basis and (excluding his/her period of attendance on the Professional Practice Course II) has now completed at least ................ months of such period of in-office training at my office at ............................................................ ............................................................ ............................................................ .......... in the City/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 ............................................................ ............................................................ . ............................................................ ............................................................ ............................................................ ...............................................5 ).
I permitted the trainee solicitor to attend the Professional Practice Course II on a full-time release basis between the ............ day of ....................................... 20 ...... and the ................ day of .................................... 20 ..... after the due completion by him/her of at least eleven months of his/her period of in-office training commencing on the commencement date.
I believe the trainee solicitor has, during the aforesaid 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 partners and employed solicitors within my office6 ) during the trainee solicitor's aforesaid period of in-office training to comply with my covenants and agreements with the trainee solicitor contained in paragraphs 3 and 4 of the aforesaid indentures of apprenticeship/assignment of indentures of apprenticeship7 and, in particular -
- (i) I have provided the trainee solicitor 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 trainee solicitor 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
(The areas which the trainee solicitor has gained experience in are those areas ticked (✓) below.)
| 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(s) of legal practice, namely,
............................................................ ............................................................ ..
............................................................ ............................................................ ..
8 [6. 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 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 trainee solicitor to be seconded to the office of another practising solicitor, namely ........................................................... who practices at ........................................................ in the City/County of ............................. for a period of ............... weeks (from ............. to .............) in order that the trainee solicitor be provided with such reasonable and appropriate instruction and experience in the following area(s) of legal practice, namely9 ............................................................ ............................................................ .............. ............................................................ ............................................................ ............................................................ ............................................
AND I have satisfied myself that the trainee solicitor was duly provided by the said other practising solicitor, ............................................................ .............., with reasonable and appropriate instruction and experience in the said area(s) of legal practice.]
10 [7. With the express written consent of the Society, the trainee solicitor was absent from his/her period of in-office training in my office in order to hold an office or engage in employment in the State (or elsewhere) with ............................................. of .............................................. for a period of ........... months from the ........ day of .............................. 20 ....... to the ........... day of .......................... 20 ....
AND I have satisfied myself that the experienced thus gained during that period by the trainee solicitor was advantageous to the trainee solicitor in the furtherance of his/her education or training (or both) or his/her preparation for admission to the solicitors profession, and, in particular, experience in ............................................................ ................ ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ ............................................]
During the aforesaid period of in-office training:
- (a) I permitted the trainee solicitor to maintain a record of work done, instruction received and experience obtained by the trainee solicitor (for production by the trainee solicitor to myself and to the Society, if so requested);
- (b) I ensured adequate arrangements for appropriate guidance of the trainee solicitor, including access by the trainee solicitor to myself (or (an)other partner(s) or employed solicitor(s) within my office11 ) on a day-to-day basis;
- (c) I made suitable arrangements to monitor the progress of the trainee solicitor on a regular basis and to discuss (or arranged for (an)other partner(s) and/or employed solicitor(s) within my office to discuss12 ) that progress with the trainee solicitor; and
- (d) I permitted the trainee solicitor to attend the Professional Practice Course II on a full-time release basis between the ...... day of ................................. 20.... and the ......... day of .............................. 20.... after the due completion by him/her of at least eleven months of his/her period of in-office training commencing on the commencement date.
- (e) I made prompt and adequate arrangements to deal, as necessary, with any reasonable personal concerns of the trainee solicitor.
I know of nothing which would suggest that the trainee solicitor is not a fit and proper person to be admitted as a solicitor.
The trainee solicitor 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/assignment of indentures of apprenticeship (except in the following respects ............................................................ ................ ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ .........................................13 )
I make this SOLEMN DECLARATION conscientiously believing 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 Solicitor1 by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me1 ) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20.... |
| Signature of training solicitor/declarant | Declared before me a Commissioner for Oaths/Practising Solicitor1 by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me1 ) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20.... |
| Signed ............................................................ .... | |
| Commissioner for Oaths/Practising Solicitor1 |
FORM 7
STATUTORY DECLARATION OF TRAINEE SOLICITOR AS TO SERVICE OF ALREADY COMPLETED PERIOD OF IN-OFFICE TRAINING
I, ............................................................ ............................................. of ............................................................ ............................................................ ........ ............................................................ .................... in the City/County of ............................................................ ................, Trainee Solicitor
DO SOLEMNLY AND SINCERELY DECLARE as follows:
Subject to paragraph 2 (below), I have duly attended on a continuous and full-time basis and completed at least ........ months of service of my period of in-office training at the office of my training solicitor .............................. at ............................................................ ........................... in the City/County of ......................... since its commencement on the ............ day of ............. 20 ....... pursuant to my indentures of apprenticeship/assignment of indentures of apprenticeship14 ) dated the ......... day of ......................... 20 .......
I duly attended the Professional Practice Course II on a full-time release basis between the ...... day of .............................. 20 .... and the ........ day of .......................... 20 ...... and have passed the Final Examination - Third Part.
During the aforesaid period of in-office training, I have only been absent for:
[(i) certified medical reasons (not exceeding in total ................ working days); and]15 )
[(ii) statutory holidays (not exceeding in total ................ working days); and]16 )
[(iii) .......... working days between the ....... day of ...................... 20 ..... and the ....... day of ............................................ 20 ..... by reason of ............................................................ ............................................................ ............................................................ ......................................... ............................................................ ............................................................ ............................................................ ..........................................]17
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/assignment of indentures of apprenticeship18 ) (other than with the prior consent in writing of my training solicitor and of the Law Society of Ireland (“the Society”), as follows ............................................................ ............................................................ ....... ............................................................ ............................................................ ............................................................ ...................................................... ............................................................ ............................................................ ............................................................ ...................................................19 )
20 [5. With the express written consent of the Society, I was absent from my period of in-office training in order to hold an office or engage in employment in the State (or elsewhere) with ............................................................ .............................................. of ............................................................ ..................... for a period of ....... months between the ...... day of ............................ 20 .... and the ........ day of .......................... 20 ....... AND I consider that the experienced thus gained during that period was advantageous to me in the furtherance of my education or training (or both) or my preparation for admission to the solicitors profession, and, in particular, experience in ............................................................ ............................................................ .... ............................................................ ............................................................ ............................................................ ....................................................]
I have read the Statutory Declaration of my training solicitor as to service by me of my aforesaid already completed period of in-office training, declared the ...... day of ........................ 20 ...... (produced herewith) and I confirm the accuracy of the contents thereof.
I make this SOLEMN DECLARATION conscientiously believing 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 Solicitor1 by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me1 ) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20.... |
| Signature of training solicitor/declarant | Declared before me a Commissioner for Oaths/Practising Solicitor1 by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me1 ) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20.... |
| Signed ............................................................ .... | |
| Commissioner for Oaths/Practising Solicitor1 |
EXPLANATORY NOTE
(This note is not part of the Instrument and does not purport to be a legal interpretation.)
The principal purpose of the Instrument is to provide for-
— the membership and powers of the Education Committee of the Law Society of Ireland;
— the procedure to be followed to become a trainee solicitor;
— 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 Practice Course I and Professional Practice Course II;
— the period of in-office training for trainee solicitors;
— the requirements for the admission as a solicitor of a barrister to whom section 43 (as substituted by section 51 of the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 applies;
— procedures for dealing with alleged misconduct by trainee solicitors;
— the revocation of existing regulations;
— scheduled forms relating to the apprenticeship process.
Footnotes
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[ A “recognised degree” means a degree from any of the universities of Ireland, England, Scotland or Wales, or a degree conferred or recognised by the National Council for Educational Awards under section 3 of the National Council for Educational Awards Act, 1979 or 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.]
[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 full-time in the provision of legal services as
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