A special meeting of leading members of the Law Society to discuss issues arising out of the current controversy involving solicitors Michael Lynn and Thomas Byrne has been called for December 10th, The Irish Timeshas learned.
The new president of the Law Society, James MacGuill, who took office earlier this month, has written to all presidents, secretaries and PROs of local Solicitors' Bar Associations inviting them to attend a meeting to discuss the "urgent challenges" facing the society.
The Solicitors' Bar Associations are the county organisations of solicitors.
While the letter does not specifically mention the word regulation, it refers to "searching questions" that require consideration, the need to "review best practice internationally" and to ensure that "the profession collectively meets the best standards to which we aspire".
In other jurisdictions, notably the UK, the representative and regulatory functions relating to solicitors are split between different bodies.
In the UK this came about recently due to widespread dissatisfaction with the manner in which the Law Society fulfilled its regulatory role.
In Ireland the Law Society has, up to now, jealously guarded its regulatory role, which it refers to as "co-regulation", referring to the involvement of lay people in its disciplinary bodies and its supervision by the High Court. However, the enthusiasm for this role among the official leadership is not always matched among the membership.
Within the past two weeks the Tipperary Solicitors' Bar Association has called for a special meeting to discuss the matter, and, among a number of solicitors who spoke to The Irish Times on condition of anonymity none defended the status quo.
"If a complaint is made and someone comes into your practice to investigate it, the first place you should be able to turn is to the Law Society," said one leading member of a local bar association.
"But it is the Law Society's [ regulatory] committee who comes in. They deal with people in a very hostile manner. I have represented people before various tribunals, and I have never seen people treated so badly as ordinary solicitors are by the Law Society," the solicitor said.
"I am very much in favour of the Law Society representing us and not prosecuting us."
Another solicitor said the society seemed to be so intent on protecting its "co-regulation" role that it came down very heavy on any ordinary solicitor against whom a complaint was made, even when the complaint was ultimately proved to be groundless.
In the Dáil recently Taoiseach Bertie Ahern also indicated his dissatisfaction with the Law Society being in control of the regulation of the profession, and said the Department of Justice, Equality and Law Reform was examining the matter.
He said last Wednesday: "I am not satisfied that self-regulation, as it has been operated over the years, is the best model. Total self-regulation does not provide the impression that the public interest is best served in a transparent way, notwithstanding the fact that the overwhelming majority are doing a good job."
He said there was a range of models including the Accounting Standards Association which supervises accountants and was regulated by law. "There is a lay majority on that body which works well on a professional and an individual level . . . There is not a huge difference between the accountancy and the legal professions," Mr Ahern said.
"The Department of Justice, Equality and Law Reform is examining the position, however. Generally speaking, self-regulation is not now seen as a great idea internationally.
"In all its reports, the Competition Authority indicated that the concept of self-regulation is not the way of the future," Mr Ahern told the Dáil.