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‘The Potential Effect of the Legal Services Regulation Bill 2011 upon Law Teaching in

Ireland’

Dr Maeve HosierLecturer in Law

m.hosier@mdx.ac.mu

The ‘Dale Farm’ Travellers’ Eviction at Essex, North East London, October 2011

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The Present System of Legal Education3 Stages

BarristersHonorable Society of King’s

Inns (HSKI)• Academic: An appropriate law

degree/King’s Inns Diploma in Legal Studies

• Professional: Degree of barrister-at-law

• Practical: Pupillage (practical education and training under the supervision of an experienced barrister)

SolicitorsLaw Society of Ireland (LSI)

• Academic: A law degree from any Irish/UK awarding institution

• Professional : The Final Examinations, Parts I, II and III are taken throughout the course of the practical training

• Practical: The Professional Practice Course must be attended during the Training Contract, whereby trainee solicitors obtain practical experience in a firm

Irish Travellers - A Nomadic People

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The Main Provisions of the LSRB 20115 New Regulatory Bodies

• The Legal Services Regulatory Authority (LSRA)• The Complaints Committee of the LSRA• The Legal Services Disciplinary Tribunal• The Office of the Legal Costs Adjudicator

(OLCA)• The Advisory Committee on the Grants of

Patents of Precedence

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LSRB 2011 section 12The Authority is required to regulate the provision of legal services and to ensure the maintenance and improvement of standards in that regard (s 12 (1)). It may also review and make recommendations in relation to:

• the admission requirements to the legal profession, and the availability and quality of legal education and training, including on-going training (s 12(2)(a)(i))

• how legal education and training is provided, and by whom it is provided (s 12(2)(a)(ii)(II))

• the curriculum arrangements for the provision of clinical legal education, the teaching of legal ethics, negotiation skills, ADR and advocacy (s 12(2)(ii)(II))

It will also be responsible for reviewing policies of LSI and BCI (sic) regarding the dissemination of information regarding education and accreditation requirements for the legal profession (s 12(2)(a)(i))

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LSRB 2011 s 32The Authority must prepare a report (for the Minister) in relation to the education and training arrangements for legal practitioners (s 32(1)(a)) which will include:

• a review of existing arrangements for the education and training of legal practitioners, with recommendations in relation to the arrangements which the Authority considers should be in place for its provision, and for the accreditation of bodies to provide legal education and training (s 32(3)(b))

• recommendations regarding appropriate standards of education and training required for the award of legal professional qualifications, and for monitoring standards in relation to such awards (s 32(3)(c)(i),(ii))

• recommendations regarding the scope and content of the curriculum for courses in legal professional education and training, including the teaching methodology of legal education, legal ethics, negotiation, ADR and advocacy (s 32(3)(c)(iii))

• the identification of requisite standards for the award of legal professional qualifications (s 32(3)(c)(v))

• recommendations regarding the accreditation of institutions providing courses of legal professional education and training (s 32(3)(c)(vi))

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Top Secret!!!The General Rules of the Honorable Society of

King’s Inns (December 2009)Rule 2. The main objects of the Society shall be:(i) The promotion and advancement of learning in the law(ii) The education and training of members of the Society in the

law(iii) The protection and furtherance of the reputation and

standing of the degree of Barrister-at-Law(iv) The preservation of the heritage that is comprised in the

King’s Inns, its buildings, library, furnishings and environs(v) To ensure the fitness of persons to practise as or to hold

themselves out as barristers prior to and after their call to the Bar

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LSRB 2011 – A Potential Revolution in the Provision of Legal Education?

• The Bill creates the potential for the liberalisation of the market in professional legal education and training which has traditionally been monopolised by the HSKI and LSI.

• This will provide new opportunities for Universities and other Third Level Colleges

• At the academic stage of education, greater prominence will be given to the teaching of practical legal education, legal ethics, negotiation skills, ADR and advocacy

• The HSKI and the LSI may well be the greatest losers in the Brave New World of Legal Education envisaged in the LSRB 2011

• The motto of the HSKI is nolumus mutari (we shall not change/be changed). However, the HSKI will face a dilemma: remain true to the motto, or embrace the philosophy of the market place, and respond to ‘consumer demand’ and ‘market forces’.

• The LSI generally responded reasonably positively to prospect of the changes which may follow upon enactment of the LSRB 2011

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Dear Minister Fitzgerald…

Prior to the enactment of radical changes to the present system of legal education, a thorough review of the present arrangements should be conducted:• to identify the strengths and weaknesses of

the current system• to develop a clear understanding of how

available resources may be most effectively applied to bring about desired the change

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The Travelling Community

• Christian Brothers High School Clonmel v Mary Stokes(on behalf of her son John Stokes) [2011] IECC 1

• Mongans v Clare Co Council DEC S2008 – 039• Clare Co Council v Director of Equality Investigations & Another [2011] IEHC 303• O’Leary & Others v Allied Dumecq & Others

Unreported 29 August 2000• Mandla v Dowell Lee [1982] UKHL 7

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UN Basic Principles on the Role of Lawyers, Article 11

• “In countries where there exist groups, communities or regions

whose needs for legal services are not met, particularly where such

groups have distinct cultures, traditions or languages or have been

victims of past discrimination, Governments, professional associations

of lawyers and educational institutions should take special measures

to provide opportunities for candidates from these groups to enter

the legal profession and should ensure that they receive training

appropriate to the needs of their groups”

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Conclusion

The success of the legal education regime change envisaged in the LSRB 2011 may be measured in part by the extent to which minority groups such as the Travelling Community are included, and provided for, in the new legal educational framework.

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Useful Websites

www.careersportal.iewww.itmtravlie www.kingsinns.iewww.lawlibrary.ie www.lawsociety.ie