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European Union
(a) A person who is entitled to seek to
practise the profession of barrister in Ireland pursuant to EC
Directive 89/48/EEC (‘the directive’) and the regulations
implementing same in Ireland (hereinafter called ‘the
migrant’) may apply to be admitted to the Society and to the
degree of Barrister-at-Law in accordance with this rule. Only
holders of the degree may be called to the Bar of Ireland by
the Chief Justice and admitted to practise in the Courts of
Ireland as members of the Bar of Ireland.
(b) The Council of King’s Inns (‘The Council’) is the
designated and the competent authority for the profession of
Barrister in Ireland for the purpose of applying the Directive
and shall make all necessary decisions on an application under
this rule.
(c) A migrant shall apply to be admitted to the Society and
the degree of Barrister-at-Law in such form as may be
specified by the Council. Such application shall include or be
accompanied by
(i) particulars of the diploma or other evidence of training
and qualifications relied upon by the migrant as entitling him
to practise as a barrister in Ireland under the terms of the
Directive ,
(ii) the original or a duly authenticated copy of every such
diploma, certificate or other document relied upon by the
migrant,
(iii) such evidence as is relied upon by the migrant to
establish:
(1) that he is of good character and repute; and
(2) that he has not been declared or adjudged bankrupt or had
a similar order made against him or in relation to his estate;
and
(3) that he has not on the ground of professional misconduct
or the commission of a criminal offence been prohibited from
practising in any member state in which he formerly qualified
or practised and is not currently suspended from so
practising,
(iv) such representations or evidence as the migrant may wish
to make in support of any application that he be wholly or
partially exempted from passing an aptitude test in accordance
with paragraph (f) of this rule,
(v) any other representations or material upon which the
migrant may wish to rely in support of his application, and
(vi) the migrant’s application fee set out in the schedule of
fees.
(d) Any document or certificate presented by the migrant
pursuant to sub-paragraph (iii) of paragraph (c) above must be
presented no more than three months after its date of issue.
(e) The Council shall consider the migrant’s application as
soon as is reasonably practical and shall issue to the migrant
a reasoned decision thereon not later than four months after
all documents relied upon by the migrant have been lodged.
Such decision may be:
(i) that the migrant be admitted to the Society and degree of
Barrister-at-Law by the benchers without being required to
pass any part of the aptitude test,
(ii) that the migrant be admitted to the Society and degree of
Barrister-at-Law by the benchers subject to the migrant
passing the whole or any part of the aptitude test, or
(iii) that the migrant’s application be refused.
In reaching the foregoing decision the Council shall consider
the diploma or other qualification of each migrant relied upon
in his application and may only require the migrant to pass
those parts of the aptitude test which cover matters which
differ substantially from those covered by his diploma or
other qualification.
(f) The migrant may be required to pass all or part of an
aptitude test. The following shall apply in relation to the
aptitude test:
(i) the aptitude test shall be in such form as may be decided
by the Education Committee and shall comprise three written
papers and one oral assessment,
(ii) the written papers shall include:
(1) A paper on the Irish Legal System and Irish Constitutional
Law,
(2) A paper on the Law of Torts and Contract and, at the
election of the migrant, either the Law of Property (including
Equity and Trusts) or Criminal Law.
(3) A paper on Evidence, Practice and Procedure of the
Superior Courts and, at the election of the migrant, either
Civil Practice and Procedure of the Circuit and District
Courts or Criminal Practice and Procedure of the Circuit and
District Courts.
(iii) the oral assessment shall evaluate the migrant’s
preparation and oral presentation of a case and his knowledge
of the rules of ethics and code of conduct for barristers,
(iv) the written part of the aptitude test will be held twice
a year upon such dates as may be determined by the Education
Committee,
(v) a migrant shall not be eligible to take the oral
assessment until such time as he shall have successfully
passed such written parts thereof of the aptitude test as he
is required to take,
(vi) a migrant who is required to pass the aptitude test must
take all parts of the test (or all parts which he is required
to pass) at the same occasion on which the test is held,
(vii) a migrant who is required to pass the aptitude test must
take the test (or the relevant parts of the test) within two
years after the date of the issue of the decision referred to
in paragraph (e) above.
(g) Every migrant shall keep not less than two terms commons.
The Council may permit a migrant to give an undertaking to
comply with all or part of this obligation after call to the
Bar or may exempt the migrant from all or part of this
obligation. Every migrant shall keep two terms commons (3
dinners each term) after call during the first two years of
practice at the Bar of Ireland.
(h) A migrant who has received a decision from the Council in
terms of paragraph (e) (i) or (ii) above shall (upon
successfully passing all or part of the aptitude test where
applicable) and subject to compliance with paragraph (g) above
be admitted to the Society and to the degree of
Barrister-at-Law by the benchers upon lodging at the Under
Treasurers office:
(i) a completed declaration for admission to the Society and
to the degree of Barrister-at-Law (the certificate part of the
declaration must be signed by a practising barrister who has
been practising at the Bar of Ireland for ten years at least
and the proposal part must be signed by a bencher of the
Society),
(ii) if permitted by the Council pursuant to paragraph (g)
above to keep terms after call to the Bar, a written
undertaking to do so, and
(iii) the degree fee set out in the schedule of fees.
(i) Upon being admitted to the Society and the degree of
Barrister-at-Law a migrant is entitled to be called to the Bar
of Ireland by the Chief Justice and admitted to practise in
the courts of Ireland as a member of the Bar of Ireland.
Application
form
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