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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 this Society and the degree
of Barrister-at-Law in accordance with this rule. Only holders of the
degree may be called to the Bar 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 in
reliance upon 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 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 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) hereof.
(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 the obligation after
call to the Bar or may exempt the migrant from all or part of this
obligation.
(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 the degree of Barrister-at-Law by the
Benchers upon lodging with the Under-Treasurer of the Society:
(i) a completed memorial for
admission as a barrister (the certificate part of the memorial 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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