S.I. No. 328/2014 - Solicitors Acts 1954 to 2011 (Apprenticeship and Education) (Amendment) Regulations 2014.


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 18th July, 2014.

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 2011 (Apprenticeship and Education) (Amendment) Regulations 2014.

(b) These Regulations shall come into operation on the 1st day of January 2015.

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

Code of Conduct for trainee solicitors

2. (a) Regulation 6(a) of the 2001 Regulations is hereby amended by

(i) the insertion of the following subparagraph after subparagraph (v) thereof:

“(vi) a statement in writing signed by the applicant and the proposed training solicitor that they each shall adhere during the period of the in-office training of the applicant as provided for in Regulation 19 to the provisions of any code of conduct for trainee solicitors and training solicitors as may be designated by the Committee pursuant to Regulation 4(e)(x).”

(ii) the deletion of “;and,” at the end of subparagraph (iv) thereof and the insertion of “;and” at the end of subparagraph (v) thereof.

(b) Regulation 7 of the 2001 Regulations is hereby amended by the insertion of the following paragraph (i) after paragraph (h) thereof:

“(i) The provisions of subparagraph (vi) of Regulation 6(a) shall apply mutatis mutandis to the trainee solicitor and the other proposed training solicitor.”

Final examination — first part

3. Regulation 12(c) of the 2001 Regulations is hereby amended by the substitution for Rule 3(i) of the following:

“(i) may sit the examinations in all eight subjects or, at his or her option, in any seven, six, five, four or three (but not less than three) of the eight subjects comprising the Final Examination — First Part; and”

Form 3

4. Form 3 (as amended by the Solicitors Acts 1954 to 2008 (Apprenticeship and Education) (Amendment) Regulations 2009 ( S.I. No. 144 of 2009 )) in the Schedule to the 2001 Regulations is amended by-

(a) the insertion in paragraph 3(f) thereof immediately following sub-paragraph (i) thereof of the following:

“(ii) provide the trainee solicitor with instruction in ethical matters appropriate to the practice of law and the practice and profession of a solicitor; and”

(b) the deletion of “and” at the end of sub-paragraph (i) of paragraph 3(f) thereof; and

(c) the deletion of “(ii)” in the existing sub-paragraph (ii) of paragraph 3(f) thereof and its substitution by “(iii)”.

Form 6

5. Form 6 (as amended by the Solicitors Acts 1954 to 2008 (Apprenticeship and Education) (Amendment) Regulations 2009 ( S.I. No. 144 of 2009 )) in the Schedule to the 2001 Regulations is amended by-

(a) the insertion in paragraph 5 thereof immediately following subparagraph (i) of the following:

“(ii) I have provided the trainee solicitor with instruction in ethical matters appropriate to the practice of law and the practice and profession of a solicitor; and”

(b) the deletion of “and” at the end of sub-paragraph (i) of paragraph 5 thereof; and

(c) the deletion of “(ii)” in the existing sub-paragraph (ii) of paragraph 5 thereof and its substitution by “(iii)”.

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Signed on behalf of the Law Society of Ireland pursuant to Section 79 of the Solicitors Act 1954 .

26 June 2014.

JOHN P. SHAW,

President of the Law Society of Ireland.

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I concur, to the extent required, pursuant to Section 40 (7) (as inserted by the Solicitors (Amendment) Act, 1994 ) of the Solicitors Act, 1954 , in the making of the within Regulations.

7 July 2014.

FRANCES FITZGERALD T.D.,

Minister for Justice and Equality.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

The principal purpose of the Instrument is to provide for the agreement of trainee solicitors to abide by such a code of practice as may be designated, to reduce the minimum number of examinations to be taken in each sitting of the Final Examination — First Part and to provide for training in ethical matters and related amendments.