Solicitors Acts, 1954 to 2008 (Apprenticeship and Education) (Amendment) Regulations, 2009

Publication Date:January 01, 2009
 
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S.I. No.144of2009

Solicitors

SOLICITORS ACTS, 1954 TO 2008 (APPRENTICESHIP AND

EDUCATION) (AMENDMENT) REGULATIONS 2009 The principal purpose of the Instrument is to amend the The Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations 2001 (No. 546 of 2001) to:

- include the provisions of the Legal Practitioners (Irish Language) Act 2008 in relation to the Irish language in place of the first and second Irish examinations;

- increase the maximum secondment period during the in-office training period from 6 to 8 months;

- remove the direct involvement of the Society in the remuneration arrangements between the training solicitor and trainee solicitor;

- change the existing "block" structure of areas of legal practice to be the subject of experience by a trainee solicitor during his/her period of in-office training.

SOLICITORS ACTS, 1954 TO 2008 (APPRENTICESHIP AND EDUCATION) (AMENDMENT) REGULATIONS 2009

03/04/2009

The Law Society of Ireland in exercise of the powers conferred on them by Part IV (as amended by Part V of the Solicitors (Amendment) Act, 1994 and as further amended by Section 2 of the Legal Practitioners (Irish Language) Act 2008 and by Section 33 of the Civil Law (Miscellaneous Provisions) Act 2008) of the Solicitors Act, 1954 HEREBY MAKE the following Regulations:

Citation and commencement

1.

(a) These Regulations may be cited as the Solicitors Acts, 1954 to 2008 (Apprenticeship and Education) (Amendment) Regulations 2009.

(b) These Regulations shall come into operation on the 18th day of May 2009.

(c) These Regulations contain amendments to The Solicitors Acts, 1954 to 1994 (Apprenticeship and Education) Regulations, 2001 (No. 546 of 2001) (“the 2001 Regulations”).

Definitions

2. Regulation 2 of the 2001 Regulations is hereby amended by the addition of the following definition:

“Advanced Course in the Irish Language” has the meaning assigned to it in Regulation 9”;

Courses in Irish language

3. The following shall be substituted for Regulation 9 of the 2001 Regulations:

“ 9.

(a) The Society shall, pursuant to section 40 (2A) (as inserted by section 2 of the Legal Practitioners (Irish Language) Act 2008) of the Act, provide a course of instruction in Irish legal terminology and the understanding of legal texts in the Irish language to all persons undertaking the Professional Practice Course I, provided that such course shall not be subject to examination and shall be undertaken by all such persons (other than those who have undertaken or are undertaking the Advanced Course in the Irish Language provided for in clause (b) (i) of this Regulation) with the aim of enabling the identification through the medium of Irish of a legal service that is required and, where appropriate, facilitating the referral to a practitioner who is competent to conduct the case through the Irish language.

(b)

(i) The Society shall, pursuant to section 42 (2A) (as inserted by section 2 of the Legal Practitioners (Irish Language) Act 2008) of the Act, provide a course (to be known as the “Advanced Course in the Irish Language”) for the practice of law through the Irish language as an optional subject for those pursuing the Professional Practice Course I.

(ii) Before being admitted to the Advanced Course in the Irish Language an applicant for admission may be required by the Committee to establish that he or she has reached a general level of competence and proficiency in the Irish language.

(iii) The Advanced Course in the Irish Language may, in addition to being an optional subject in the Professional Practice Course I, be made available to such other persons as the Committee shall determine from time to time, including but not limited to solicitors, who may wish to develop or retain a level of competence to practise through the Irish language.

(c) The Society shall, at least once a year, hold an examination in the practice of law through the Irish language.

4. Regulation 19 of the 2001 Regulations is amended in clause (b) by substituting “eight” for “six”.

5. Form 3 in the Schedule to the 2001 Regulations is amended as follows:

(a) by the deletion in paragraph 3 thereof (covenants of the training solicitor) of subparagraph (c);

(b) by the substitution of the following for paragraph (f):

“(f) without prejudice to the generality of the foregoing

(i) provide the trainee solicitor with the opportunity to practise drafting, letter writing, interviewing and advising, legal research, negotiation, advocacy and oral presentation and other such skills which are appropriate to the practice of law and the practice and profession of a solicitor AND with the opportunity to gain experience of both contentious and non-contentious work; and

(ii) provide the trainee solicitor with reasonable and appropriate instruction and experience in the area of legal practice set out, respectively, in Block 1 and Block 2 (below) AND, in addition, with reasonable and appropriate instruction and experience in two of the remaining three Blocks (below), that is to say, the area of legal practice set out in Block 3, and/or one of the areas of legal practice set out, respectively, in Block 4 and/or Block 5 (below):

Block 1

Conveyancing and Landlord and Tenant Law

Block 2

Litigation

Block 3

Wills, Probate and Administration of Estates

Block 4

Commercial Law Corporate Law Insolvency Law

Block 5

Criminal Law and Procedure

Employment Law

European Union Law

Family Law

Intellectual Property Law

Pensions Law

Planning and Environmental Law

Revenue Law and Taxation

Other specialised area(s) of legal practice, namely,

.............................................................................................. .;

.....................................................................and

(iii) where the training solicitor is unable, for whatever reason, to provide (or cause to be provided) within his/her office the trainee solicitor with reasonable and appropriate instruction and experience in the area of legal practice set out, respectively, in Block 1 and Block 2 AND, in addition, with reasonable and appropriate instruction and experience in two of the remaining three Blocks (above), that is to say, the area of legal practice set out...

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