The Gazette 1971

the Committee on Court Practice and Procedure under the chairmanship of Mr. Justice Brian Walsh. The organisation of the legal profession is a matter that is being investigated by this Committee and I am sure that it would be of great assistance to them if they could have the considered views of the legal profession as a whole. I wish once again to thank you, Mr. President, and the members of your Council for inviting me here tonight and for giving me an opportunity of talking to you on matters of mutual concern. I ask you all to rise and join with me in drinking the toast of the Incor- porated Law Society of Ireland. The President's Reply The President, Mr. McGrath, replying to the Minister said that the Society as far back as 1961 had submitted proposals to the Commission on Higher Education which in effect anticipated the proposals in the Ormrod Report. The Society was in substantial agreement with the main proposals announced by the Minister in his speech subject to adjustment in certain matters of detail. The Society was anxiously awaiting the implementation of their proposals and was glad to note that they had the support of the Minister. The President stated that the Society was anxious to co-operate with the Minister in bringing legal education up to date. He added that rapport between the profes- sion and the legislative authority was of paramount importance so that the practical experience of the pro- fession would be allied with the administrative exper- tise of the Minister and his officials. Perfect trust

"Law is a humane study. The practice of the law involves barristers and solicitors in an intimate way in many aspects of human behaviour and, on that account, a broad training not only in the techniques of the law but also in the understanding of the psychological, sociological and philosophical implications of human behaviour is desirable. Again, members of both branches of the profession become members of the legislature and attain positions of responsibility in administration, business and industry. These, we believe, are cogent reasons why lawyers should be trained in the wider environment of the university." I think that we would all agree with these sentiments. Professional Training This brings me to the question of professional train- ing. The Ormrod Committee was divided on the ques- tion as to who should provide institutional training as distinct from "in-training". A majority favoured the provision of vocational courses by a limited number of universities in close co-operation with the professional bodies, whereas a minority considered that such training should be provided by the professional law schools. There is much to be said for each point of view. I am satisfied that the concept of indentures of apprenticeship is now out of date. I am inclined to favour a scheme of professional training whereby a prospective solicitor, having obtained his university degree and successfully completed a vocational course in the professional law school, would work for two or three years in a solicitor's office on a full-time basis being paid an appropriate salary. At the end of the two or three years the solicitor-employer would certify whether the graduate-employee was suitable for admis- sion as a practising solicitor. A solicitor would, of course, be able to employ as many graduates as he required. Part of the professional training course could usefully be spent in a general court office, in the Land Registry (or one of its local offices), in a district probate registry and possibly, even in the Department of Justice. The European Community Whatever changes are made in legal education will have to be made in the context of our prospective entry into EEC. When we become members of the Community we will find ourselves an integral part of an entity dominated by civil law concepts, procedures and modes of thought. If this country is to play its full part in the Community, our lawyers and law teachers will have to become thoroughly familiar with the form, substance and spirit of systems of law and legal institutions other than their own. Moreover, a knowledge of continental languages, especially French and German, will be of considerable importance. From time to time the amalgamatioa of both branches of the legal profession has been advocated. The whole question of amalgamation is, of course, closely bound up with the question of legal education. While I do not intend to go into the matter now I would like to men- tion that the present division of the legal profession into solicitors and barristers is bound to create diffi- culties when this country becomes a member of the EEC. As at present conceived the Common Market and its institutions presuppose, in so far as they are concerned with law and lawyers, the absence of any division such as ours within the legal profession of the member States. The future of the legal profession in the context both of legal education and of our prospective membership of the Common Market should, I suggest, be discussed between the two branches of the profession. As you will be aware, we are very fortunate in the fact that we have

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