TRANSFER TEST REGULATIONS

Transcription

1 TRANSFER TEST REGULATIONS This form is for use by the following categories of applicants applying for a Certificate of Eligibility to take the Qualified Lawyers Transfer Test: 1. Admitted to the Bar of England and Wales 2. Admitted to the Bar of Northern Ireland 3. Admitted as an attorney in New York (with one year post qualification experience PQE in New York) 4. Admitted as an attorney in California (with one year PQE in California) 5. Admitted as an attorney in Pennsylvania (with five years PQE in Pennsylvania) 6. Admitted as a solicitor in NSW 8. Admitted as a solicitor in New Zealand 9. A person whose second or subsequent place of qualification as a solicitor is England and Wales (with less than three years PQE as a solicitor in England and Wales) 10. A person whose second or subsequent place of qualification as a solicitor is Northern Ireland (with less than three years PQE as a solicitor in Northern Ireland) 11. A person (formerly a barrister) whose first place of qualification as a solicitor is England and Wales (with less than three years PQE as a solicitor in England and Wales) 12. A person (formerly a barrister) whose first place of qualification as a solicitor is Northern Ireland (with less than three years PQE as a solicitor in Northern Ireland) 13. Admitted as a lawyer in an EFTA member state ie Iceland, Liechtenstein, Norway, Switzerland 14. Admitted as a lawyer in a EU member state ie Austria, Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, England and Wales, Estonia, Finland, France, Germany, Greece, Hungary, Italy, Latvia, Lithuania, Luxembourg, Malta, The Netherlands, Poland, Portugal, Romania, Scotland, Slovakia, Slovenia, Spain, Sweden. (please circle relevant country). 15. Lawyers (not formerly a barrister) whose first place of qualification as a Solicitor is England & Wales/Northern Ireland, please refer to Certificate of Admission on our website. 1

2 THE FOLLOWING DOCUMENTS MUST BE SUBMITTED WITH THE COMPLETED APPLICATION FORM (Official translations of ALL documents submitted, which are not in English, must be provided) 1. An ORIGINAL Certificate of Good Standing from your professional body/bodies in the jurisdiction(s) where you have been admitted. These must be dated no more than three months prior to your application See Page Three character references are required. They should make reference to your competence to practise. (See Page 4) 3. Please note that where there is a pqe requirement, a letter from an employer or former employer (in your jurisdiction of qualification) which confirms the duration and the nature of the pqe, should also be submitted with the Certificate of Eligibility application form. 4. Proof of nationality (eg certified copy of passport * see below). 5. Certified copies of your original certificate(s) evidencing your professional qualification(s). (*see below) 6. Certified copies of your original certificate(s) reflecting the higher education academic qualifications that you have been awarded. (*see below) 7. An affidavit in the form attached averring that you have never been bankrupt in your home or in any other jurisdiction and that you have never compounded with your creditors (if that be the case). 8. Declaration in the form attached. 9. Fee of 430 Cheques/Bank Drafts should be made payable to the Law Society of Ireland. No other form of payment is acceptable. Please note that where documents are not in the English language, certified translations by an official translator are required. Please forward Applications to: Catherine Byrne, Administrator for Foreign Qualified Lawyers, Education Dept, Law Society of Ireland, Blackhall Place, Dublin 7 APPLICATIONS BY ARE NOT ACCEPTED For enquiries ONLY please - c.byrne@lawsociety.ie 2

3 *CERTIFIED COPIES OF DOCUMENTS: In the case of academic qualifications and passports, applicants may supply certified copies. Copies may be certified by a practising lawyer, Embassy, Consulate or High Commissioner (Commissioner for Oaths) in the jurisdiction where you are admitted as a lawyer (i.e. reciprocal jurisdiction) or Ireland and must be in English. *The Law Society of Ireland must have a reciprocal agreement with the jurisdiction in which your documents are certified. The copies must be dated and signed and must include the following statement I certify that this is a true copy of the original (Title of Document) belonging to (your name) placed before me Signature and Address of Notary & date. Information, such as, your name, address and date of birth etc., must be clearly stated in English. When copying passports you do not need to include any blank pages or pages containing visa stamps. If your name is different from that shown on your supporting documents you should submit evidence that the documents refer to you, i.e. a certified copy of a marriage certificate or a statutory declaration. 3

4 READ BEFORE COMPLETING THE APPLICATION CERTIFICATES OF GOOD STANDING Original (non-copy) certificate(s) of good standing must be received by the Law Society of Ireland no more than three months after its date of issue. Certificates of Good Standing are required from all the jurisdictions where you have been admitted. The Law Society may contact your Professional Body for verification of the authenticity of your Certificate(s) of Good Standing. REFERENCES Three Character references are required competence to practice. - they should make reference to your All referees, who may not be members of your family, must have known you well for two years or more and the references should so state. Two of the references must be from practising solicitors of at least five years standing in the Republic of Ireland or *in the jurisdiction where you are already qualified/admitted and both referees must confirm this fact in the reference. They should also make reference to your competence to practice. * Your jurisdiction of qualification must be a jurisdiction which Ireland has a reciprocal agreement with (see above). If you are currently in employment one of the references must be from your current employer (i.e. the person to whom you report) even if you have been with the firm for less than two years). References from colleagues in this regard are not acceptable. Tutors/lecturers who have taught you on preparatory courses will not be accepted as referees. NOTES Any variations to the above requirements will necessitate a written application to the Education Committee. From time to time the Law Society may require additional information or documents regarding your certificate of eligibility. The Law Society may contact you or your referees in this regard. The Law Society may contact your professional body for verification of the authenticity of your certificate(s) of good standing. 4

5 1. PERSONAL DETAILS Surname: - First Name Address Nationality: Date of Birth: Place of Birth: Permanent Address: Address to which all correspondence should be sent (if different from Permanent address) Telephone.(Office hours) Fax No. 5

6 2. EDUCATION DETAILS Please provide titles and details of all professional qualifications held and the jurisdictions in which they were gained. Title e.g. Solicitor Jurisdiction Date of Admission / Call e.g. admitted to Roll of Solicitors Professional Examinations passed and courses attended (i.e. Solicitors Qualifying Examinations): - College/Centre where the course was taught and/or examinations sat Title of Qualification Awarded Date Certificate Awarded Degrees, Diplomas held: University/College Title of Qualification Date Course Commenced Date Certificate Awarded Certified copies of all of the above original certificates should be submitted with your application. 6

7 3. PLEASE MAKE THE FOLLOWING DECLARATIONS:- 1. Have you ever been made bankrupt? Yes No If YES please supply details on a separate sheet and state whether you have been discharged and, if so, when. 2. Do you have a conviction, or a charge pending, for any crime (other than a motoring offence not resulting in disqualification) or has the Probation Act been applied in respect of any charge against you? Yes No If YES please supply details on a separate sheet and you should ensure that at least one of your referees is a person who has full knowledge of the conviction(s) and that this is indicated in their reference. 3. Have you at any time been found guilty of professional misconduct by a disciplinary tribunal or are any proceedings before a disciplinary tribunal pending? Yes No If YES please supply details on a separate sheet 4. Have you at any time been suspended from professional practise by your professional body? Yes No If YES please supply details on a separate sheet 5. Have you made an application to the Honourable Society of Kings Inns to qualify as a barrister in the Republic of Ireland? Yes No If YES please supply details on a separate sheet 6. Have you now, or have you had, a mental illness or psychiatric disturbance? Yes No If YES please supply details on a separate sheet 7. Have you the required one year post-qualification experience, if the jurisdiction where you are admitted/qualified to practice is either New York or California? Yes No Please attach letter/reference confirming this 8. Have you the required five years post-qualification experience, if the jurisdiction where you are admitted/qualified to practice is Pennsylvania? Yes No Please Attach letter/reference confirming this. 7

8 4. PROFESSIONAL TRAINING, PRACTICE AND EXPERIENCE Please provide details of your professional training, practice and experience to date. If you have been out of legal practice for any period since your qualification please provide details. Full name & Address of Supervising/Training Master/ Employer/Place of Practice Dates (Month year) Nature of duties and Areas of law covered 8

9 5. DETAILS RELATING TO YOUR HOME JURISDICTION(S) PROFESSIONAL STATUS Are you entitled to practise in your home jurisdiction? Yes No Home jurisdiction is the jurisdiction(s) where you are currently admitted If you are not entitled to practise in your home jurisdiction (e.g. because you do not hold a current practising certificate or you are not on the current practising register) please provide an explanation below stating: (i) (ii) The reason why you are not entitled to practise in your home jurisdiction; Whether you know of any reason why, if you were to apply to become entitled to practise in your home jurisdiction, such an application would be refused. It would be helpful for the Law Society if you would indicate your intentions as to practise or employment following your admission to the Roll of Solicitors in the Republic of Ireland. 9

10 Please provide any further information as to character; qualifications or experience, which you think, should be taken into consideration. (Continue on a separate sheet if necessary.) 10

11 5. REFERENCES Three Character references are required competence to practice. - they should make reference to your All referees, who may not be members of your family, must have known you well for two years or more and the reference should so state. Two of the references must be from practising solicitors of at least five years standing in the Republic of Ireland or *in the jurisdiction where you are already qualified/admitted and both referees must confirm this fact in the reference. They should also make reference to your competence to practice. * Your jurisdiction of qualification must be a jurisdiction which Ireland has a reciprocal agreement with (see above). If you are currently in employment one of the references must be from your current employer (i.e. the person to whom you report) even if you have been with the firm for less than two years). References from colleagues in this regard are not acceptable. Tutors/lecturers who have taught you on preparatory courses will not be accepted as referees. Any variations to the above requirements will necessitate a written application to the Education Committee. Referee one: Name: Address: Occupation: Referee two: Name: Address: Occupation: OVER/. 11

12 Referee three: Name: Address: OCCUPATION: NOTE: REMEMBER TO ENCLOSE THE ORIGINAL REFERENCES WITH YOUR APPLICATION. Name and Address of Solicitor/Commissioner certifying documents. Name: Address: OCCUPATION: NOTE: REMEMBER TO ENCLOSE THE ORIGINAL REFERENCES WITH YOUR APPLICATION. 12

13 STATUTORY DECLARATION I understand that the Law Society of Ireland must be advised if, prior to my admission to the Roll of Solicitors, I am convicted of an offence in any Court (other than a motoring offence not resulting in disqualification). I therefore undertake that I will notify the Society of any such convictions after the time of this application. I also undertake to advise the Society if I become bankrupt or if I am found guilty of professional misconduct or if any proceedings are taken against me. Signature of Applicant: Date: I hereby apply for a Certificate of Eligibility and sincerely declare that the facts set out by me in support of the above application are true. I make this solemn declaration conscientiously believing the same to be true and by virtue of the provisions of the Statutory Declarations Act Signature of applicant: Declared before me by the said who is personally known to me at this day of 20. COMMISSIONER FOR OATHS/LAWYER EMPOWERED TO ADMINISTER OATHS OR TAKE DECLARATIONS. 13

14 PRECEDENT A FF I D A V I T O F S O L V E N C Y I, of aged eighteen years and upwards hereby make oath and say: 1. I have never been adjudicated bankrupt in the jurisdiction of [jurisdiction in which you reside] or any other jurisdiction. 2. I have not either in the jurisdiction of [jurisdiction in which you reside] or in any other jurisdiction compounded with or entered into any arrangements with my creditors. DEPONENT SWORN AT: this day of 20 before me a Commissioner for Oaths/Lawyer empowered to administer Oaths and I know the Deponent. COMMISSIONER FOR OATHS / LAWYER ( (please tick) 14

15 6. APPLICATION FOR EXEMPTIONS FROM SUBJECT(S) COMPRISING THE QLTT Applicants who qualified as a Lawyer in an EU jurisdiction are automatically exempt from EU Law in the QLTT. Nationals of EU Member States who qualified outside of the EU are required to apply for an exemption in EU Law in the same way as for other subjects in the QLTT. Constitutional Law and Criminal Law Or Constitutional Law and Company Law Contract Law and Tort Law Land Law and Conveyancing Probate and Taxation European Law An exemption request will only be considered by the Education Committee, if all of the documents required for a Certificate of Eligibility are received and approved. Applicants applying for exemptions must submit evidence in the form of references from employers or former employers which confirms/supports the pqe the applicant purports to have. The references should also reflect the time frame in which the pqe was obtained.. References from colleagues or former colleagues are not acceptable in this regard. The following are the requirements to make an application:- (1) Letter of application setting out details of post qualification experience as follows:- (a) Nature of Post Qualification Experience pqe (b) Duration of pqe (c) Jurisdiction of pqe (2) References from employers or former employers which support/substantiate the details provided at (1) above. Note 1: If you are not applying for exemptions please state this clearly in your covering letter. Note 2: Exemptions are not granted in Solicitors Accounts or Professional Conduct PLEASE RETURN TO: 15

16 CATHERINE BYRNE ADMINISTRATOR FOR FOREIGN QUALIFIED LAWYERS EDUCATION DEPARTMENT THE LAW SOCIETY OF IRELAND WOODLANE BLACKHALL PLACE DUBLIN 7 c.byrne@lawsociety.ie WHAT HAPPENS NEXT? Your application will be acknowledged either via , post or telephone call. Should we require any further documentation we will contact you requesting same. Once all the required documents are received, your application will be presented to the Education Committee. Incomplete applications cannot be presented to the Education Committee. Following the Education Committee meeting a Certificate of Eligibility will be issued reflecting the exemptions granted (if any). If any part of your application is incomplete this WILL delay your application. Revised September