S.I. No. 90/1955 - Solicitors' Act, 1954 (Apprenticeship and Education) Regulations, 1955.


S.I. No. 90 of 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. These regulations shall come into operation on the 12th day of May, 1955.

3. In these regulations the expression " the Act " means the Solicitors' Act, 1954. 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.

5. Subject to the provisions of these regulations an intending apprentice shall before entering into indentures of apprenticeship pass the Society's preliminary examination and an apprentice before admission shall pass the intermediate and final examinations.

6. An intending apprentice shall lodge with the Society a petition and memorial in Form No. AE 2, or AE 3 in the Schedule hereto, accompanied by a certificate as to his character from the head-master of the last school which he attended or some other credible person and his birth certificate, and shall, when required, attend personally before the Court of Examiners for interview. If the Court of Examiners are satisfied with the evidence of character furnished they shall issue written consent to the entry of such person into indentures of apprenticeship in Form No. AE 4 in the Schedule hereto, signed either by the Chairman of the Court of Examiners or by the Secretary.

7. A first examination in the Irish language shall be held in each year in the months of January or February, June or July, and September or October. Every 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. Such person may attend a first examination in Irish at any time after lodging the petition and memorial mentioned in regulation 6 hereof. Notice of intention to attend the examination shall be in Form No. AE 1 in the schedule hereto and shall be lodged with the Society at least three weeks before the date of the examination.

8. 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 all the essential and one of the optional subjects required for the Society's preliminary examination, shall be exempt from the preliminary examination.

9. A second examination in the Irish language shall be held in January or February, June or July, and September or October in each year. Such examination shall be so conducted and of such 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. 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. Notice of intention to attend the examination shall be in Form AE 1 in the schedule hereto and shall be given to the Society not later than three weeks before the date of the examination.

10. The existing regulations made by the Council of the Society on 10th June 1948 in reference to education, examinations and lectures shall to the extent to which they are not inconsistent with the Act or the provisions of these regulations continue in full force and effect as subsequently amended by regulations made by this Council prior to the coming into operation of these regulations.

SCHEDULE OF FORMS.

Form AE 1. 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 2. GENERAL FORM OF PETITION AND MEMORIAL FOR LEAVE TO ENTER INTO INDENTURES.

SOLICITORS' ACT, 1954.

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

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

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

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.

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.

Dated this    day of       19  .

(Signature of intended master).

Form AE 3. PETITION AND MEMORIAL FOR LEAVE TO ENTER INTO INDENTURES BY LAW CLERK.

SOLICITORS' ACT, 1954.

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

That he is the son of (father's name, address, and occupation),         of      in the County of        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 up to date of petition).

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.

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.

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 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.

Dated this     day of     19 .

(Signature of intended master).

Form AE 4. CONSENT OF THE SOCIETY TO ENTRY INTO INDENTURES.

SOLICITORS' ACT, 1954.

The Incorporated Law Society of Ireland being satisfied with the evidence as to character furnished by        of         do hereby consent to his entering into indentures of apprenticeship with of solicitor, subject to compliance with the other prescribed requirements as to admission to apprenticeship.

Dated this    day of        19 .

Signed...................................................

Chairman of the Court of Examiners, or Secretary.

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

Signed on behalf of The Incorporated Law Society of Ireland this 12th day of May, 1955.

THOMAS A. O'REILLY,

President of The Incorporated

Law Society of Ireland.