Legal Profession Flashcards
1
Q
Legal Profession
A
- Ireland v. other countries
- Solicitors
- Governing bodies
- Qualification requirements
- Exams and apprenticeship
- Role, how they practice and get paid
- Barristers
- Governing bodies
- Qualification requirements & Exams
- Pupilage & practice
- Definition of barrister & Law library
- Role, DPA & Immunity
2
Q
Legal Profession in Ireland
A
- Divided into two branches - solicitors and barristers.
- The same division in Northern Ireland, England and Wales.
- No such division in some other countries, e.g. the US and Canada.
3
Q
Governing bodies for solicitors
A
- The Law Society of Ireland controls the education and training of solicitors
- Governed by the Solicitors (Ireland) Act 1898
- The Legal Services Regulatory Authority handles complaints against solicitors.
4
Q
Qualification requirements for solicitors
A
- Be a graduate (law or non-law)
- If not a graduate, pass the Law Society’s Preliminary Examination (“PE”)
- Pass the Law Society’s entrance examination - the Final Examination Part 1 (“FE 1”)
- Complete the Law Society’s Professional Practice Course (“PPC”)
- Complete 24-month apprenticeship
5
Q
PE & FE Eligibility & Exemptions
A
- University graduates (law and non-law) are eligible for FE 1 (8 exams)
- Non-graduates are eligible if passed the PE
- PE: English, Irish Government and Politics, General Knowledge
- Students with Irish law degrees used to be exempt
- Exemption removed following the decision in Bloomer v. Law Society of Ireland
- Except for students that had already started legal studies at the time of that ruling, following Abrahamson v. Law Society of Ireland
6
Q
PPC & Apprenticeship for solicitors
A
- 1-year In-person PPC or 18 months hybrid PPC
- Must complete 24 months in-office training with a solicitor or a firm
- Must have secured a training contract before applying for a place on the PPC
- Solicitors are paid during the training
7
Q
Solicitors’ Role
A
- Providing legal advice for clients (individuals or companies)
- Preparing cases for court, rather than writing submissions for, and oral advocacy in, court.
- Non-contentious legal work like conveyancing, drafting wills, and acting as agents in commercial transactions (e.g. mergers).
- Enjoy a right of audience in all courts.
- May represent clients in court themselves or brief a barrister to do so.
- Per Section 17 of the Courts Act 1971 (as amended by s 211 of the Legal Services Regulation Act 2015)
- Solicitors work independently or as part of a firm or partnership.
- Solicitors are employees
8
Q
Governing bodies for barristers
A
- The Honorable Society of King’s Inns - controls the education of barristers
- Benchers of the Honorable Society of King’s Inns - control King’s Inns, include judges and senior barristers.
- The Bar Council - representative body for barristers.
- The Legal Services Regulatory Authority - handles complaints against barristers.
- The Code of Conduct - governs how barristers practise and sets down rules of behaviour
9
Q
Qualification requirements for barristers
A
- Be a law graduate (either King’s Inns’ Diploma in Legal Studies or an approved law degree)
- Pass King’s Inns Entrance Examination for Barrister-at-Law Degree (“BL Degree”)
- Complete King’s Inns’ BL Degree course
- Called to the Bar by the Chief Justice
10
Q
Barristers - Approved law degree
A
- Must have passed exams in 6 subjects: Administrative Law; Company Law; Equity and Trusts; Jurisprudence; Land Law; and the Law of the European Union.
- List of approved degrees on King’s Inns’ website
11
Q
BL Degree
A
- 5 entrance exams: Constitutional, Contract, Criminal, The Law of Evidence, Tort Law
- Complete 1-year full-time Degree OR 2-year part-time degree
- Participate in dining at King’s Inns
12
Q
Pupillage & practice (barristers)
A
- After qualifying, barristers must spend 1-2 years as a “pupil” (“devil”)
- One year is minimum, but most people devil for 2 years
- The “master” must be a barrister in practice for a minimum of 7 years
- After approx. 12 years in practice, a barrister can apply to become Senior Counsel (so can solicitors now)
- Pupils are typically not paid
13
Q
Definition of a barrister
A
Per the Code of Conduct for the Bar of Ireland:
- A person who is a practising barrister, as defined under the [Legal Services Regulation] Act . . . 2015 who subscribes to the provisions of the Code of Conduct for the Bar of Ireland and is a Member of the Law Library
14
Q
Law Library
A
- Most barristers are members of the Law Library
- Annual subscription fee - increases with every year of seniority
- Subscription to the law library is not mandatory to practise
15
Q
Barristers’ Role
A
- Represent clients in court
- Write opinions
- Draft pleadings
- Negotiate settlements
- Self-employed
