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

1. 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 apprenticeship*

) dated the ......... day of ......................... 20 .......

2. 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.

3. 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]*

)

[(ii) statutory holidays (not exceeding in total ................ working days); and]*

)

[(iii) .......... working days between the ....... day of ...................... 20 ..... and the ....... day of ............................................ 20 ..... by reason of ............................................................ ............................................................ ............................................................ ......................................... ............................................................ ............................................................ ............................................................ ..........................................]*

4. 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 apprenticeship*

) (other than with the prior consent in writing of my training solicitor and of the Law Society of Ireland (“the Society”), as follows ............................................................ ............................................................ ....... ............................................................ ............................................................ ............................................................ ...................................................... ............................................................ ............................................................ ............................................................ ...................................................*

)

*

[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 ............................................................ ............................................................ .... ............................................................ ............................................................ ............................................................ ....................................................]

5. For my part, I have endeavoured (in conjunction with other partners and employed solicitors within my office*

) 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 apprenticeship*

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,

............................................................ ............................................................ ..

............................................................ ............................................................ ..

*

[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, namely**

............................................................ ............................................................ .............. ............................................................ ............................................................ ............................................................ ............................................

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.]

*

[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 ............................................................ ................ ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ ............................................]

6. 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.

7. 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 Solicitor*

by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me*

) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20....

Signature of training solicitor/declarant

Signed ............................................................ ....

Commissioner for Oaths/Practising Solicitor*

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.

[* Delete if inapplicable]

[** 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.]

[* Delete if inapplicable]

[* Delete if inapplicable]

[**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

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[**List areas of legal practice from Block 1, Block 2 and/or Block 3]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[*Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

[* Delete if inapplicable]

8. 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 office*

) 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 discuss*

) 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.

9. I know of nothing which would suggest that the trainee solicitor is not a fit and proper person to be admitted as a solicitor.

10. 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 ............................................................ ................ ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ ............................................. ............................................................ ............................................................ ............................................................ .........................................*

)

11. 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 Solicitor*

by the declarant who is personally known to me (or who is personally identified to me by ...................................................... who is personally known to me*

) at ....................................................... in the City/County of ................................ this ...... day of .............................. 20....

Signature of training solicitor/declarant

Signed ............................................................ ....

Commissioner for Oaths/Practising Solicitor*

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

12. (a) The Final Examination — First Part shall be comprised of an examination in each of the following eight subjects (listed alphabetically)

(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. (a) The Committee shall appoint, as required from time to time, on a part-time basis an internal examiner and an external examiner for each of the eight subjects (as set forth in Regulation 12 (a)) comprising the Final Examination - First Part, together with (on a part-time basis) such assistant internal examiners as the Committee may deem from time to time to be required; the terms and conditions of such appointments to be as approved by the Committee and the Finance Committee.

(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. If a person who has been declared by the Committee to have passed the Final Examination - First Part does not apply to the Society to be admitted to the Professional Practice Course I within a period of five years from the 31st December in the calendar year in which such declaration occurs, such person shall cease, upon the expiration of that period of five years, to be entitled to commence the Professional Practice Course I unless he or she shall first again sit and be declared by the Committee to have passed examinations in all of the eight subjects comprising the Final Examination - First Part.

Law School.

15. (a) For the purposes of section 40(1) (as substituted by section 49(a) of the Act of 1994) of the Act, the law school already established shall be continued and maintained by the Society.

(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. (a) Subject to Regulation 14, a person who has passed the Final Examination - First Part shall be entitled to apply to be admitted to the Law School to attend the Professional Practice Course I subject to prior compliance with Regulations 5(a) and (c) and Regulation 6 (and, where appropriate, Regulation 7) and with clause (b) of this Regulation and subject to payment of the prescribed fees.

(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. (a) The Professional Practice Course I means the first vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to these Regulations as are specified by the Committee, together with such additional subjects as may be specified from time to time by the Committee as required subjects or as optional subjects.

(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. (a) The Final Examination - Second Part (which may be in one or more sections) shall be held during or within three months after the end of each Professional Practice Course I.

(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. (a) A trainee solicitor shall, subject to clause (b) of this Regulation and to Regulation 20(c), be required to attend on a continuous and full-time basis at the office of his or her training solicitor for a period of two years, commencing on the commencement date, for the purpose of serving a

bona fide

apprenticeship; including receiving due instruction and obtaining experience in the practice of law and in the practice and profession of a solicitor, as more particularly specified in the form of indentures of apprenticeship set forth in Form 3 in the Schedule to these Regulations.

(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. (a) The Professional Practice Course II means the second vocational course for the education or training (or both) of persons seeking to be admitted as solicitors provided by the Society and comprising such of the subjects set forth in the Appendix to these Regulations as are specified from time to time by the Committee, together with such additional subjects as may be specified from time to time by the Committee as required subjects or as optional subjects.

(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. (a) The Final Examination - Third Part (which may be in one or more sections) shall be held during or within six months after the end of each Professional Practice Course II.

(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. Without prejudice to the generality of the provisions of sections 43 (as substituted by section 51 of the Act of 1994) and 44 (as substituted by section 52 of the Act of 1994) of the Act and section 80 of the Act of 1994, the Committee may, in its discretion, exempt from the Final Examination or any part thereof, or from any individual examination or examinations comprising the Final Examination or any part thereof, the following

(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. Without prejudice to the generality of subsection 6 of section 43 (as substituted by section 51 of the Act of 1994) of the Act, a person, who has been called to the bar of Ireland and has practised as a barrister in the State at some time for a continuous period of at least three years or is deemed pursuant to subsection (6) of section 43 (as so substituted) of the Act to have so practised at some time for a similar continuous period, who seeks to be admitted as a solicitor, shall be required

(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. (a) For the purposes of this Regulation, a “trainee solicitor” includes a person who has completed the term of his or her indentures of apprenticeship but who has not yet been admitted as a solicitor and also includes a person who has been permitted by the Society to sit the First Irish Examination, the Preliminary Examination or the Final Examination - First Part and a person who, pursuant to section 43 (as substituted by section 51 of the Act of 1994) of the Act, seeks to be admitted as a solicitor.

(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. (a) Subject to the provisions of Part IV (as amended by Part V of the Act of 1994) of the Act and of these Regulations, a person shall not be admitted as a solicitor unless

(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. A person intending to sit any Society examination, other than the Final Examination - Second Part (or any part thereof) and the Final Examination - Third Part (or any part thereof), shall, at least twenty-eight days before the date of commencement of such examination, make due application to the Society to sit such Society examination and pay the prescribed fees.

General.

27. Subject to the provisions of the Solicitors Acts, 1954 to 1994, the Committee may, in exceptional circumstances and subject to such conditions as it deems appropriate, modify any requirement or provision of these Regulations.

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

.

_____________________________________

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

_____________________________________

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.

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.