Duties & Obligations of Pupils

Duties & Obligations of Pupils

DUTIES & OBLIGATIONS OF MASTERS

  1. In these rules the following terms shall have the following meanings:

“Code” means the Code of Conduct for the Bar of Ireland and includes any amendments or modifications thereof in force from time to time;

“Master” means a member of the Bar of Ireland whose name is entered upon the Register of Masters maintained by the Bar Council and, where the context so requires, means the Master of a particular Pupil. In order to be entered onto the Register of Masters, the member of the Bar of Ireland must in any event be of 7 years standing or more, resonably expect to appear in court on 100 days each year and must be compliant with their Continuing Professional Development obligations;

“Pupil” means a member of the Bar of Ireland in his or her first year of practice at the Bar who is required by the Code to be a pupil of a Master;

“Pupillage” means the first year of practice at the Bar of a Pupil.

  1. The paramount purpose of Pupillage is the education of the Pupil, and these rules shall be construed accordingly.
  1. No barrister may accept a Pupil or act in the capacity of Master to a Pupil other than a Master, save in the circumstances contemplated by rule 18 below.
  1. The Master shall ensure that no duties are undertaken by the Pupil prior to his or her call to the Bar and formal admission into the Law Library.
  1. The Master shall ensure that the Pupil is familiar with the Code and shall provide guidance to the Pupil in relation to the operation in practice of the Code.
  1. The Master shall instruct the Pupil in the etiquette and traditions of the Bar. In particular, the Master shall give guidance to the Pupil in matters relating to:

a)appropriate conduct, dress and mode of address in court; and

b)relations between members of the Bar, including the traditional entitlement of any member of the Bar to seek assistance or guidance from any other member.

  1. The Master shall require the Pupil to read his or her papers, draft pleadings and other documents, including opinions. The Master shall ensure that the Pupil gains practical experience in the preparation of pleadings and opinions. The Master shall also ensure that the pupil has gained practical experience in legal research.
  1. The Master shall ensure that the Pupil be allowed to attend all consultations and negotiations unless there is good reason to the contrary.
  1. The Master shall require the Pupil to accompany him or her to court on frequent occasions. Where appropriate, the proceedings should be discussed with the Pupil after the court appearance. The Master shall ensure that the pupil gains sufficient practical experience of advocacy to be able to prepare and present a case competently.
  1. The Master shall take a direct interest in and shall monitor work performed by the Pupil on the Master’s behalf, with particular reference to court appearances. In this regard, a Pupil must not be required to attend in court for the purpose of dealing with any matter in which the Master is instructed unless the Pupil has been informed in sufficient time, and has been supplied with sufficient information and documents to prepare adequately for the application in question. The Master shall not require the Pupil to undertake work alone unless satisfied that the Pupil is sufficiently experienced to do so.
  1. The Master shall take an interest in such work as the Pupil receives in the Pupil’s own right, and shall make himself or herself available to give instruction and advice. The Master must advise the Pupil against accepting work which, due to the quantity, difficulty or other characteristics thereof, would be unwise for the Pupil to accept, having regard to the Pupil’s level of experience. In addition, the Master shall take reasonable steps to ensure that the Pupil does not become overburdened with work to the extent that the educational aspects of the Pupillage are compromised.
  1. The Master shall ensure that the Pupil is available to attend all such courses and lectures as Pupils are from time to time required to attend by the Bar Council. The master shall encourage and facilitate CPD compliance on the part of the Pupil.
  1. The Master shall not make unreasonable request of or exploit the Pupil.
  1. The Master shall ensure that no expenditure is incurred by the Pupil on behalf of the Master. Where in exceptional circumstances such expenditure is incurred the Pupil must be promptly reimbursed.
  1. The Master shall ensure that the Pupil is based in the Law Library in Dublin, but may from time to time require the Pupil to accompany him or her on Circuit.
  1. The Master shall participate, and shall encourage the Pupil to participate, in such assessment procedures as the Bar Council may from time to time prescribe in order to assess the success of the Pupillage.
  1. The Master is encouraged to take an interest in the practice of his or her Pupils after the completion of Pupillage. The Master should encourage former Pupils to advise and assist the current Pupil both before and after completion of the latter’s Pupillage.
  1. The Master may arrange for the Pupil to spend time with a colleague or colleagues who practise in areas which do not form part of the Master’s own practice. However, responsibility for compliance with these rules shall remain with the Master.
  1. The Master must maintain a good financial standing regarding payment of services and fees.
  1. Any serious breach of these rules shall constitute professional misconduct.

Duties & Obligations of Masters last amended December 2011

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