The Gazette 1993

GAZETTE

SEPTEMBER 1993

First German Lawyer on the Roll

Date for your Diary: 6 0s NIGHT Friday, 12 November, 1993

Presidents Hall, Blackhall Place Proceeds to CYC community youth projects in Dublin.

• disco * b u f f e t supper * d r aw f o r wee k end i n London

Dr. Walter Eberl, pictured on the occasion of his admission to the Roll last February, with the President of the Law Society, Raymond Monahan. At a recent seminar in Dublin on cross- qualifying in other EC jurisdictions knowledge of the Common Law System. I therefore joined Whitney, Moore & Keller, one of Dublin's leading

6 0 s d r e ss e s s e n t i a l.

See Oc t ober Gazette f o r f u r t h e r de t a i l s. s / / \ LAW SOCIETY Public Seminar Staged by the Public Relations Committee Marital Breakdown - The Legal & Social Responses Saturday, 9 Oc t ober, 1993, 10.00 am - 4 . 00 pm. Fee £20 i nc l ud i ng lunch (proceeds donated to FLAC) Speakers: Mervyn Taylor, TD, Minister for Equality St Law Reform; Brian Sheridan, Solicitor, Law Society Council; Mary O'Toole, BL; Mary Lloyd, Solicitor/Mediator; Dr. Gerry Byrne, Psychiatrist; Kieran McGrath, Social Worker. Please c on t a ct Mary Kinsella at the Law Society, 6710711 to reserve your place P r es i den ts Ha l l, B l a c k ha ll Place

called "How to become a Euro-lawyer: The Practical Aspects of Requalifying in other EC Member States" I had the honour to deliver a paper. The descript- ion "Euro-lawyer" seems to be a relatively new invention. Unfortunately, European integration has not yet arrived at a stage where a qualification in any one Member State would entitle a lawyer to establish himself or herself in any other Member State. Therefore, at present a "Euro-lawyer" can best be described as somebody who is qualified as a lawyer in more than one EC country. The seed for this new species of lawyers has been created by the EC Directive 89/48 of December 21, 1988 on the Mutual Recognition of Qualifications and Diplomas. This directive was imple- mented by Germany and Ireland on July 16, 1990 and 1991 (Statutory Instrument No. 1) respectively. Both countries now offer transfer tests to qualify lawyers from other EC States. Today the "Euro- lawyers"still form a rather small club. As you may already have guessed, the author of this report is a member of it. Due to lucky circumstances I happened to be the first German lawyer and indeed the first person ever to sit the transfer test in Ireland. After qualifying and practising as a "Rechtsanwalt" in Munich for some years I decided to move to "Dublin's fair city" to gain further experience in international law and further practical

commercial law firms for a period of six months. During this challenging time many new ideas were bom, among them the idea of availing of the new liberalisa- tion and qualifying as an Irish solicitor. Some might say that the application to qualify in Ireland was just an excuse to return more often to this lovely country. They might be right but there was also the motivation to better understand the common law system as distinct from the civil law system. After a productive experience in the Dublin law firm and a period of hard study at home in Munich I came back to Dublin in early October 1992 to sit the transfer test which I passed successfully. When I returned to Dublin in February this year to attend an impressive Parchment Ceremony at the Law Society all the hard work was forgotten. If one can draw a conclusion from the full attendance at the above mentioned seminar in Dublin, there will be a growing number of young lawyers in the future who are interested in cross-qualifying as a Rechtsanwalt, avocat, solicitor, barrister, advokat etc. in other EC countries. I think this has to be a good development. Good luck to all fellow-pioneers! Dr. Walter Eberl Schwarz Schniewind Kelwing, Munich. • Reprinted courtesy of AIJA Gazette.

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