S.I. No. 217/1955:

SOLICITORS ACT 1954 (APPRENTICESHIP AND EDUCATION) REGULATIONS, 1955.

SOLICITORS ACT 1954 (APPRENTICESHIP AND EDUCATION) REGULATIONS, 1955.

The Incorporated Law Society of Ireland in exercise of the powers conferred on them by sections 4 , 5 and 40 of the Solicitors Act, 1954 and of every other power thereunto them enabling hereby make the following Regulations.

1. These regulations may be cited as the Solicitors' Act 1954 (Apprenticeship and Education) Regulations, 1955.

2. Subject to the special provisions contained in regulation 29, these regulations shall come into operation on the 1st day of September, 1956.

3. In these regulations the expression " the Act " means the Solicitors Act 1954 , the expression " President," " Vice-President " and " Secretary " mean, the President, a Vice-President, or the Secretary for the time being respectively of the Society ; the expression " the Council " means the Council of the Society ; the expressions " the first law examination " and " final examination " have the meanings assigned to them respectively in regulation 8 (1) and (2) other expressions have the meanings assigned to them in the Act.

4. The Interpretation Act, 1937 , shall apply for the purpose of the interpretation of these regulations as it applies for the purpose of the interpretation of an Act of the Oireachtas, except in so far as it may be inconsistent with the Act or these regulations.

The Council shall in each year appoint a Committee to be known as the Court of Examiners for the purpose of administering these regulations and performing such other functions as may be delegated to them by the Council. The Court of Examiners shall consist of five members of the Council together with the President, the Vice-Presidents and the immediate past President ex-officio. The Court of Examiners shall take office immediately upon appointment and shall hold office until the appointment of their successors. The quorum of the Court of Examiners shall be three.

The Council may from time to time appoint such persons as they may think fit to be special examiners to assist the Court of Examiners at such remuneration as the Council may prescribe.

(1) No person shall enter into indentures of apprenticeship until he has attained the age of seventeen years.

(2) An intending apprentice shall lodge with the Society a petition and memorial for leave to be bound (signed respectively by the intending apprentice and the master) in forms AE. 1 or AE. 2 in the schedule hereto, accompanied by his birth certificate and a certificate as to his character from the headmaster of the last school which he attended or some other credible person.

(3) The Court of Examiners may if they think fit require the attendance of the intending apprentice and the master for interview.

(4) The certificates or other evidence in support of any claim for exemption from the Society's preliminary examination shall be lodged with the petition and memorial.

EXAMINATIONS.

8.--(1) The Society shall hold the following examinations for the benefit of persons seeking to be bound as apprentices to solicitors and persons seeking admission as solicitors, viz :

(a) the first and second examinations in the Irish language.

(b) the preliminary examination.

(c) the first law examination.

(d) the final examination.

(2) The final examination shall be divided into three parts hereinafter called the examination in bookkeeping and the second and third law examinations respectively.

At least two preliminary examinations shall be held in each year at such times as the Court of Examiners may appoint.

The Subjects at the preliminary examination shall be as follows :--

(a) English, Latin, History, Geography, Arithmetic, Euclid or Geometry, and

(b) One of the following optional subjects : Irish, Algebra, Greek, a modern language, or Logic.

(1) An applicant for special exemption from the preliminary examination under Section 42 of the Act shall lodge with the Society a petition giving full particulars of his educational qualifications supported by certificates of any examinations which he has passed and, if available, the marks obtained in the various subjects at such examinations and shall furnish such other information as the Court of Examiners may require. The petition shall be accompanied by a memorial from the master verifying the facts. The applicant and the master shall if required attend for interview by the Court of Examiners.

(2) An intending apprentice who produces to the Society a certificate that he has passed the open public Matriculation or entrance examination of any of the Universities in Ireland which shall include English, Latin, Arithmetic and either Euclid or Geometry, shall be exempt from the preliminary examination.

At least two first examinations in the Irish Language shall be held in each year at such times as the Court of Examiners may appoint. An intending apprentice who was born on or after 2nd October, 1914 shall pass a first examination in the Irish language before entering into indentures of apprenticeship, and may attend such examination at any time after lodging the petition and memorial mentioned in regulation 7 hereof subject to the terms of these regulations.

(1) An intending apprentice applying for leave to be bound for three years under the provisions of paragraphs 1 or 4 of the Second Schedule to the Act shall lodge with the Society a petition and memorial in form AE. 1 in the schedule hereto with certificates or such other evidence as the Court of Examiners may require.

(2) A law clerk seeking permission to be bound for a term of three years under paragraph 5 of the Second Schedule to the Act shall lodge with the Society a petition and memorial in the Form AE. 2 in the Schedule with such evidence as the Court of Examiners may require.

(3) An apprentice seeking to be admitted after four years' service pursuant to paragraphs 2 or 3 of the Second Schedule to the Act shall lodge with the Society such evidence as the Court of Examiners may require in support of his application.

(1) No person shall enter into indentures of apprenticeship until the expiration of six weeks from the date of lodgment of petition and memorial referred to in regulation 7.

(2) If the Court of Examiners are satisfied with the evidence of character submitted by the intending apprentice and with the information obtained from any other enquiries made and with any enquiries as to the fitness and capacity of the master to teach such intending apprentice, and that the intending apprentice has complied with the provisions of the Act and regulations made thereunder concerning admission to apprenticeship they shall issue written consent to the entry of such person into indentures of apprenticeship with the master in form AE. 4 in the Schedule hereto.

(3) An application for registration of indentures of apprenticeship shall be made by lodging with the Society within six months from the date of their execution the original indentures duly stamped and executed together with a consent of the Society in form AE. 4 issued not earlier than six months before the date of the indentures and a statutory declaration as to due execution of the indentures in form AE. 5 in the Schedule hereto.

Before the execution of a transfer of indentures or supplemental indentures under Section 32 of the Act the apprentice shall obtain the permission in writing of the Council and a fresh petition and memorial signed by the apprentice and the new master shall be lodged with the Society. The application may be granted unconditionally or subject to conditions and the transfer of the indentures or supplemental indentures shall be lodged within six months from the date thereof duly stamped and executed with a statutory declaration in form AE. 5 in the Schedule hereto.

(1) A first law examination shall be held at least twice in each year at such times as the Court of Examiners may appoint.

(2) The subjects at the first law examination shall be the law of real and personal property, the law of contract and the law of tort.

(3) An apprentice may attend the first law examination at any time after two years' service under indentures.

(1) An examination in book-keeping shall be held at least twice in each year at such times as the Court of Examiners may appoint.

(2) An apprentice may attend the examination in book-keeping at any time after three years' service under indentures.

(1) A second examination in the Irish language shall be held at least twice in each year at such times as the Court of Examiners may appoint.

(2) Such examination shall be so conducted and be of such a nature as to secure that persons who pass it have a competent knowledge of the Irish language, that is to say, such a degree of oral and written proficiency in the use of the language as is sufficient to enable a solicitor efficiently to receive instructions, to advise clients, to examine witnesses and to follow proceedings in the Irish language.

(3) Every apprentice or person seeking admission as a solicitor who was born on or after 2nd October 1914 shall pass a second examination in the Irish language within two years before the expiration of the term of apprenticeship or within two years before admission as a solicitor.

(1) A second law examination shall be held at least twice in each year at such times as the Court of Examiners may appoint.

(2) An apprentice who has passed the first law examination may attend the second law examination at any time after the expiration of twelve months from the date of such first law examination and not earlier than six months before being eligible to attend the third law examination under these regulations.

(3) The subjects at the second law examination shall be the practice and procedure of the Supreme Court and High Court (except probate), company law, the law and practice of conveyancing, land law (including landlord and tenant, the Rent Restrictions Acts, registration of titles and deeds, and the Land Acts, but excluding land purchases) and equity.

(1) A third law examination shall be held at least twice in each year at such times as the Court of Examiners may appoint.

(2) An apprentice may attend the third law examination at any time within six months before the expiration of his indentures, or thereafter.

(3) The subjects for the third law examination shall be the law of wills, probate and administration of estates (contentious and non-contentious), taxation (including death duties), criminal law and practice, the law of evidence, and commercial law (the Bills of Exchange Acts, Sale of Goods Acts, Hire Purchase Acts, and insurance excluding marine insurance) and the practice of Circuit and District Courts.

(1) Before attending the first law examination an apprentice shall produce to the Society a certificate of having attended a year's course of lectures approved by the Society at Dublin University or one of the constituent colleges of the National University of Ireland in the law of real and personal property, contract and tort and that he has obtained credit for attendance at such lectures and passed the University examinations.

(2) Before attending the second law examination an apprentice shall produce to the Society a certificate of attendance at a year's course of lectures approved by the Society in equity at Dublin University or one of the constituent colleges of the National University of Ireland and that he has obtained credit for attendance at such lectures and passed the University examinations.

(1) The Society shall provide or arrange for the provision of lectures on the subjects of :

(a) conveyancing law and practice and land law ;

(b) the procedure and practice of the Courts.

(c) company law and administration of estates.

(d) taxation including death duties.

(e) book-keeping.

(f) the rights duties and responsibilities of solicitors.

(2) The Council may appoint and remunerate lecturers. Each lecturer shall be appointed for a year certain and shall be eligible for re-appointment but his term of office shall not exceed five years in all unless the Council by resolution on notice before the expiration of the said period of five years shall otherwise direct.

(3) The Court of Examiners shall submit recommendations to the Council as to the programme of lectures, and the Council may adopt the same with such alterations as they may think fit, and may from time to time alter or amend the programme after referring the matter to the Court of Examiners and considering their report thereon.

(4) The programme for lectures shall prescribe the conditions which must be fulfilled by an apprentice in order to obtain credit for lectures, the number of lectures on each subject, the place, dates and duration of lectures and such other matters as the Council shall think fit.

(5) Each apprentice seeking admission shall produce to the Society evidence that he has attended and obtained credit for the lectures prescribed by this regulation in accordance with the provisions and conditions of the published programme.

(6) A written term examination shall be held at the end of the course of lectures in each sittings. A certificate of credit for such lectures may be withheld by the lecturer if he is not satisfied with the performance of an apprentice at such term examination or with his conduct. A certificate for credit for attendance at lectures shall be in form AE. 8 in the Schedule hereto.

(1) A person who has been bound as an apprentice under paragraph 4 of the Second Schedule to the Act shall be exempt from attendance at University law lectures under regulation 21.

(2) The Council may in their discretion exempt a barrister-at-law to whom paragraph (1) of this regulation applies from the first law examination.

(3) A practising barrister-at-law seeking admission under section 43 of the Act may attend the final examination by presenting himself for the examination in book-keeping and the second and third law examinations either separately or together if practicable under the programme of examinations, after satisfying the conditions mentioned in the said section.

Subject to the Act and these regulations--

(a) an intending apprentice shall pass the preliminary examination (unless he is exempt therefrom) and the first Irish examination before entering into indentures of apprenticeship.

(b) an apprentice before being admitted as a solicitor shall pass the first law and final examinations and the second Irish examination at the times prescribed by these regulations.

All examinations and lectures of the Society under these regulations shall be held in the Society's premises or in such other place as the Council may direct.

The Court of Examiners in the month of April in each year shall publish the syllabus for the Society's examinations and any person shall be entitled to a copy of the syllabus for any examination on application to the Society.

An intending candidate for any examination shall at least three weeks before the date thereof lodge with the Society a notice in form AE. 3 with a remittance for the appropriate fees.

(1) The Court of Examiners on being satisfied as to the proficiency and fitness of a candidate at any examination shall report accordingly to the Council and the Council may thereupon direct that a certificate in form No. AE. 6 in the schedule hereto signed by the President or one of the Vice-Presidents shall be delivered to such candidate.

(2) If an allegation is made by the Secretary of the Society or the Registrar of Solicitors as to the unfitness on any ground of any candidate to be an officer of the Courts of Justice such allegation shall be considered by the Court of Examiners who may make such enquiries as they think fit. If the allegation is proved to the satisfaction of the Court of Examiners they may report thereon to the Council and the Council may in their discretion refuse to issue to the candidate a certificate of having passed any examination.

(3) The names of successful candidates at the Society's examinations shall be published in two classes containing respectively the names of those who have passed with merit arranged in order of merit and names of those who have passed arranged in alphabetical order. The standards required for passing examinations and the award of merit shall be determined by the Court of Examiners subject to the approval of the Council.

(1) An apprentice entering for the first law examination and every apprentice seeking admission shall as soon as the term of his indentures have expired lodge with the Society answers in writing to the questions as to due service of apprenticeship signed by the apprentice with a declaration by the master or masters with whom he has served his apprenticeship or any portion thereof in form AE. 7 in the schedule hereto.

(2) The apprentice or applicant shall if required, attend personally before the Court of Examiners for the purpose of explaining any matter arising on his answers to the questions as to due service or on the declaration of the master and shall if required obtain the attendance. of the master before the Court of Examiners or prove to the satisfaction of the said Court his inability to obtain such attendance.

(3) If the Court of Examiners are not satisfied with the answers to the questions in form AE. 7 or the declaration of the master or the answers to such further questions as shall have been proposed by the Court of Examiners to the apprentice or the master they may report accordingly to the Council and the Council may direct that the certificate of having passed any examination shall be withheld.

A solicitor who is in the whole time employment of a body corporate shall not take an apprentice without leave of the Society which may be granted either unconditionally or subject to conditions or withheld.

31. Exemptions. Notwithstanding anything in the regulations, the Court of Examiners shall have power in their discretion in any case :--

(a) to exempt an apprentice from attendance at lectures,

(b) to permit an apprentice to attend an examination,

(c) to shorten the time required for giving any notice,

(d) to authorise the acceptance of any form or notice notwithstanding that it may not comply in all respects with the forms in the schedule hereto.

The Court of Examiners may in their discretion delegate either in whole or in part to the Secretary or acting Secretary their powers under regulation 31 provided that any person aggrieved by any decision of the Secretary or acting Secretary shall be entitled to have the matter referred to the Council.

(1) The first law examination under regulation 16 shall commence in Autumn 1957 and the second and third law examinations under regulations 19 and 20 shall commence in Autumn 1960. The intermediate examination under the provisions of the regulations of the Council dated 10th June, 1948, as amended shall be held under those regulations until Spring 1957 and shall then cease.

(2) The final examination under the provisions of the regulations of the Council dated 10th June, 1948, as amended shall continue until Spring 1960 and shall then cease. From and after Autumn 1960 the said final examination shall be replaced by the examination in book-keeping under regulation 17 and the second and third law examinations under regulations 19 and 20.

(3) The examination in book-keeping under regulation 17 shall commence in Autumn 1956.

(4) An apprentice who shall have passed the Society's intermediate examination under the regulations dated 10th June, 1948, as amended and who passes the final examination held under the said regulations not later than Spring 1960 shall be exempt from the obligation to pass the first law examination.

(5) An apprentice who shall have obtained credit for attendance at Univeristy law lectures or at the Society's law lectures in any subject in accordance with the regulations of 10th June, 1948, as amended shall be exempt from further attendance at the University or at the Society for lectures in that subject and no apprentice who shall have obtained credit for all the subjects prescribed by regulations 31 of the Council dated 10th June, 1948, as amended in accordance with the programme for the time being in force, shall be required to attend the Society's lectures on the additional subjects prescribed by regulation 22 hereof.

(6) Notwithstanding anything to the contrary in these regulations if any difficulty or doubt shall arise as to the interpretation of these regulations in the transitional period or as to their application in any case or as to the lectures or examinations to be taken by any apprentice the matter shall be referred to the Court of Examiners whose decision shall be final.

(7) Subject to the provisions of this regulation the regulations shall come into operation on 1st September, 1956.

SCHEDULE OF FORMS.

FORM AE. 1. General form of petition and memorial for leave to enter into indentures.

SOLICITORS' ACT, 1954.

The petition of     of     in the County of    (name and residence of intended apprentice) SHEWETH,

That he is the      son of     of   in the County of     (father's name, address and occupation)    and of     otherwise     his wife, and is desirous of being apprenticed to        of      in the City of Dublin, and of    in the County of       , Solicitor.

That petitioner was born on the     day of      19  , and refers to his birth certificate lodged herewith.

That petitioner claims exemption from passing the preliminary examination of the Incorporated Law Society of Ireland by reason of (state ground of exemption and lodge evidence thereof).

That petitioner will comply with all the obligations imposed by statute, rule or regulation, on apprentices to solicitors.

A certificate as to the character of petitioner from (headmaster of last school or other credible person) is lodged herewith.

Petitioner requests that the above-named

may be permitted to take him as an apprentice.

Dated this       day of      19  . 

(Signature of intended apprentice).

Memorial of intended Master.

The memorial of                         solicitor herewith.

That memorialist is a practising solicitor of the Courts of Justice, having a registered office at    in the City of       Dublin, and resides at       in the County of 

That he has no apprentice, and is desirous of taking       son of     in the County of to be his apprentice.

That memorialist has at some time been in continuous practice as a solicitor for a period of seven years and is a solicitor qualified to practise within the meaning of section 54 of the Solicitors' Act, 1954.

That memorialist is not employed as an assistant or clerk by another solicitor and is not a solicitor in the whole time employment of a body corporate.

(or as the case may be, referring to any permission granted by the Society.

That memorialist has read the petition of the said (intended apprentice) and that he believes the several statements therein contained are true and correct.

That memorialist is acquainted with the character and antecedents of the said      and believe that he is a fit and proper person to be admitted to apprenticeship with a view to admission and enrolment.

Dated this      day of     19  . 

(Signature of intended master.)

FORM AE. 2. Petition and memorial for leave to enter into indentures by law clerk.

SOLICITORS' ACT, 1954.

The petition of      of    in the County of    (name and residence of intended apprentice) SHEWETH, 

That he is the son of      of     in the County of     (father's name, address and occupation) and of      otherwise      his wife.

That petitioner was born on the      day of     19 , and refers to his birth certificate lodged herewith.

That petitioner has been for the term of      years a bona fide clerk to a solicitor, or solicitors, that is to say, from the month of (here set out the dates of employment and names of employers of petitioner as clerk to solicitor or solicitors to date).

That the said       in whose employment petitioner has been as clerk are prepared to reply to queries sent by the Court of Examiners or attend before the Court of Examiners and give information with reference to any matter touching this petition.

That petitioner has not held during his above-mentioned clerkship, and does not now hold any office or employment whatsoever other than that of clerk to his employer.

A certificate as to the character of petitioner from (headmaster of last school or other credible person) is lodged herewith.

That petitioner will comply with all the obligations imposed by statute, rule or regulation on apprentices to solicitors.

Dated this      day of     19  . 

(Signature of intended apprentice)

Memorial of intended master.

The memorial of                solicitor, herewith.

That memorialist is a practising solicitor of the Courts of Justice, having a registered office at    in the City of Dublin, and resides atin the County of 

That he has no apprentice and is desirous to take           to be his apprentice under paragraph 5 of the Second Schedule to the Solicitors' Act, 1954.

That memorialist has at some time been in continuous practice as a solicitor for a period of seven years and is a solicitor qualified to practise within the meaning of section 54 of the Solicitors' Act, 1954.

That memorialist is not employed as an assistant or clerk by another solicitor, and is not a solicitor in the whole time employment of a body corporate.

(or as the case may be, referring to any permission granted by the Society).

That memorialist has read the petition of the said (intended apprentice) and that he believes the several statements contained therein are true and correct.

That memorialist is acquainted with the character and antecedents of the said      and believes that he is a fit and proper person be admitted to apprenticeship with a view to admission and enrolment.

Dated this      day of     19  . 

(Signature of intended master.

Form AE. 3. Notice of intention to attend an examination.

SOLICITORS' ACT, 1954.

Take notice that I.

of

who have petitioned to become an apprentice of

of          solicitor,/or who have been bound under indentures of apprenticeship dated          with     of    solicitor do intend to present myself for the examination to be held on the     days      of       next and further take notice that the optional subject in which I desire to be examined is 

Dated this       day of     19 .

Signed : ....................................

To/The Incorporated Law Society of Ireland.

Note: The notice should be altered to suit the circumstances and clauses which are inapplicable should be deleted. The reference to the optional subject relates only to the preliminary examination.

Form AE. 4. Consent of the Society to entry into indentures.

SOLICITORS' ACT, 1954.

By authority of the Council of the Incorporated Law Society I hereby certify that    of   has passed/been exempted from the Society's preliminary examination and has passed the first examination in the Irish language and that being satisfied with the evidence as to his/her character the Society hereby consent to his/her entering into indentures subject to compliance with the other prescribed requirements as to admission to apprenticeship.

Dated this       day of      19 .

Signed : ............................................................ ............

Chairman to the Court of Examiners or Secretary.

Note: This consent should be attached to the indentures when lodged for registration.

Form AE. 5. Statutory Declaration as to execution of indentures.

SOLICITORS' ACT, 1954.

County of 

TO WIT.

I,

of

Solicitor,

Do solemnly and sincerely DECLARE as follows :--

1. That I am now a practising solicitor of the Courts of Justice of Saorstát Eireann and that I carry on my business at     in the County of 

2. That the indentures of apprenticeship bearing date the    day of   19  ,whereby became bound as apprentice to me were duly executed by the several parties thereto, upon the day of 19    , and I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act, 1938 and for the satisfaction of the Registrar of Solicitors appointed under the Solicitors' Act, 1954.

Made and subscribed before me, this     day of     19  .

Signed : ....................................

Dated this     day of      19 .

Form AE. 6.

SOLICITORS' ACT, 1954.

By authority of the Council of the Incorporated Law Society of Ireland I hereby certify that   of has passed the      examination held in      pursuant to the Solicitors' Act, 1954.

Dated this      day of     19 .

Signed : ............................................................ ..........

Chairman of the Court of Examiners or Secretary.

Form AE. 7. Questions and answers as to due service and declaration of master

SOLICITORS' ACT, 1954.

Questions as to due Service to be answered by Apprentice.

Dated the     day of        19 .

Signature : .....................................

Present address : .........................

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

DECLARATION OF MASTER.

I,

of                         Solicitor       

Do solemnly and sincerely Declare as follows :--

1.      has been bound to me as an apprentice under Indentures of Apprenticeship dated the day of 19 .

2. Since becoming so bound he has attended regularly at my office (or that of my Town Agent) and has been absent only with my consent, express or implied, and for some reason which I have considered satisfactory save on the following occasions and for the following reasons :--

(give particulars)

3. I believe that he has been conscientiously attending to his duties as apprentice and endeavouring to learn the business.

4. I have for my part endeavoured to see that with the assistance of either myself or my staff he has been given every opportunity and encouragement to learn.

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

6. So far as I am aware he has not been engaged during his apprenticeship in any other profession, business or employment.

I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act, 1938 and for the satisfaction of the Registrar of Solicitors under the Solicitors' Act, 1954.

Dated this     day of       19 .

Declared before me by

who is personally

known to me (or who is identified by

who is personally

known to me) at

this   day of    19 .

Form AE. 8. Certificate of credit for lectures.

I hereby certify that       of     has attended a course of lectures in   delivered by me during the session 19     , and has passed the term examinations.

Dated this     day of      19 .

Signed : ..............................................

Lecturer.

Signed on behalf of the Incorporated Law Society of Ireland, this 3rd day of November, 1955.

THOMAS A. O'REILLY,

President of the Incorporated Law Society of Ireland.