The Gazette 1988

GAZETTE

SEPTEMBER 1988

REPORT ON JOINT LEGAL EDUCAT ION CONFERENCE KINSALE - MAY 1988.

C O M P A N Y S E C R E T A R I AL C O N S U L T A NT PETER H. QUINLAN MBA, AITA

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remains to be done but hopefully a good start has been made. Mu t ual Recognition of Qualification A t present solicitors f r om t he Republic mo v i ng to t he o t her jurisdictions have varying require- men ts to meet. The English Law Society gives little recognition to t he Irish qualification and requires c omp l e t i on of t he academic and vocational stages of education and t r a i n i ng a l t h o u gh I r i sh L aw graduates are given exemp t i on f r om c e r t a in s u b j e c ts in t he Common Professional Examination. All, however, mu st undergo a one year full-time course before sitting t he Final Examination and serve under Ar t i c l es of Clerkship - before or after the one year course - for a t w o year period. The Sco t t i sh Law Society on t he other hand, applies t he same require- ments to English and Irish solicitors of three years' standing. They can be a dm i t t ed i mmed i a t e ly after passing the Society's examinations in Conveyancing, Evidence, Sco ts Private Law and Scots Criminal Law. The Northern Ireland Law Society normally requires service for one year in a solicitor's o f f i ce in Northern Ireland as well as sitting certain subjects as de t e rmi ned f r o m t i me t o t i me by t h a t jurisdiction. Wh a t is n ow sought is agree- m e n t on b a s ic e x a m i n a t i on requirements - not envisaged as extensive - for transfer w i t h in t he four jurisdictions w i t h little or no service requirement in t he new jurisdiction for those of three years' standing. These service require- ments are expected to cease in any event after t he 1992 European Commu n i ty Directive c omes into force. The Conference appointed a sub- Comm i t t ee to advance t he recip- r ocal a r r a n g eme n ts under t he general t e rms of p r omo t i ng ease of mo v eme nt w i t h t he specific tasks of identifying wh at areas of practice

Reciprocity of qualification was the mo st impo r t ant topic at this years C o n f e r e n ce of t he E d u c a t i on Authorities of the four Law Socie- ties in Great Britain and Ireland. It is a topic of major interest to t he profession, especially to our younger solicitors w h o w i sh to seek emp l o yment in other jurisdic- tions. It is of course also a subject being considered by t he European Commu n i ty but this Conference was concerned w i t h the movement be t ween England, Scotland, Ireland and the North of Ireland. There is, currently, a heavy demand for legal personnel in t he sou th of England and many of our young solicitors have taken up legal wo rk there but unfortunately, not as recognised and qualified solicitors in England and Wales. The good news f r om t he Con- f e r ence is t h at t he Edu c a t i on Comm i t t ee of t he Law Societies representing these four jurisdic- tions are all firmly of t he v i ew t hat there should be the ma x i mum ease of mo v eme nt and recognition of q u a l i f i c a t i o ns w i t h i n t h e se jurisdictions. A nd w i t h t he objec- tive of achieving such ease of mo v eme nt a special sub -Commi t- t e e has b e en e s t a b l i s h ed t o consider and report on the mini- m um requirements of each home c oun t ry for a solicitor mo v i ng f r om any of t he other jurisdictions. It is intended to t ry and progress this as quickly as possible and independently of t he European Commu n i ty requirements (while bea r i ng t h e se r e q u i r eme n ts in mind). From the Irish standpoint we will be seeking to remove the major obstacles of (1) t he c ompu l s o ry Irish Examination (2) t he s t a t u t o ry r e q u i r eme nt f or a t h r ee year apprenticeship. This will require certain changes in t he Solicitors' Ac ts and, of course, t he approval of t he Society. The problems in t he other jurisdiction are d i f f e r ent and do not require Ac ts of Parliament but will require the approval of their respective Law Societies. Mu ch

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