The Gazette 1979

SEPTEMBER 1979

GAZETTE

have had contact.

FOOTNOTES

7. 1. Twining, Pericles and the Plumber, (1967) 83 L.Q.R. 396 at 397. 2. (1943) 52 Yale L. J. 203. 3. Twining, op. cit. at 413, 414. 4. Ibid, at 398. 5. See Ormrod, "Education and Training for the Professions," Current Legal Problems 30 (1975), 15. 6. Radcliffe, The Lawyer and his Times, Opening Address, 150th Anniversary of the Harvard Law School, 1967. Radcliffe, Not in Feather Beds, Rosenthal Lecture, Northwestern University Law School, May, 1960. 8. See Irvin Rutter, "A Jurisprudence of Lawyers' Operations", Jo. Leg. Ed. 13(1961) 301; Gullickson, Structuring a Legal Practice Course (1976). 9. Op. Cit. (9a) Twining, op. cit., at 399, 400. 10. Structure of Initial Training/Britain, Paper delivered to the Ditchley Conference, 1967. 11. The Lawyer and His Times, Opening Address at 150th Anniversary of the Harvard Law School, 1967. 12. See Ormrod, loc. cit., pp. 17, 19.

Examinations in the Future The final matter I would like to touch on — though time will permit me to do so only very briefly — is examinations. Most legal practice courses, up to date, have eschewed the idea of examinations, partly, I think, because it has been thought that they were not suitable for testing a person's competence in that kind of course, but partly too because they seemed to smack of qualifying examinations, and, as such, liable to distort the educational process and to inhibit sound education. 11 I concede that there is more than a grain of truth in that latter point of view. But I also think we are gradually being forced to accept that assessment, even continuous assessment, if it can be effectively carried out at all, does not provide any satisfactory criterion for measuring the competence of those who do Legal Practice Courses. Some better form of measuring that (and, of course, of checking against indolence, non-attendance and plain copying from each other) must be devised. I do not envisage it as having anything in common with the usual University-type examinations, but I am sure it is by no means beyond the wit of modern educationists to devise some scheme adequate for the purpose. In summary then what I see ahead of us is a period devoted to the task of consolidating the very substantial progress that has been made up to date. In particular, I see us having to wrestle with the problem of defining in terms of proper educational objectives the respective roles of the various stages of legal education, the Law School stage, and the apprenticeship stage, and of co-ordinating them so that they become one integrated and effective scheme of legal education. I also see us taking steps to revive and restore the ideal of apprenticeship as a most important part of legal education. And I see us exploring better ways of assessing the competence of those who complete legal practice course training. But none of this in any way detracts from the very great achievement that the establishment of legal practice courses marks. There has probably been no more significant event in legal education since Blackstone delivered his famous series of lectures at Oxford in the 1750's, which set the scene for the rise of our great modern Law Schools. It is always tempting, though of course dangerous, to try to look into the future. But if I may, I would like to venture the view that, with the passage of time, the role that Legal Practice Courses will play in the education of a lawyer will not diminish, but will grow until they become a central part of that process. And so, Mr. President, I deem it a privilege to have been invited to be here at the opening of this new Law School. In the accommodation provided (and surely there can be none better anywhere in the world), in your happy choices of a Director of Education and a Director of Training, In the careful and detailed planning that has gone into it, no course could have a more propitious beginning. To all those involved in that planning and preparation, I extend my warmest and sincerest congratulations, and I wish the School all the success I am sure it will have.

Valuations... Osborne King and Megran

A professional service for the legal profession

Osborne King and Megran ESTATE AGENTS. AUCTIONEERS A N D VALUERS 32 Molesworth Street • Dublin 2 Telephone Dublin (01) 760251 Telex 4622 Offices aHso at Cork Galway Belfast and London

136