The long-awaited Competition Authority preliminary report on the legal professions will be published next Thursday. It is expected to recommend the separation of the representative and regulatory functions of the two professional organisations and the opening up of admission into legal education.
The contents of the report will not be revealed until Thursday, but members of the authority have, over the years, indicated the areas they feel deserve particular scrutiny. They have also been looking at reports on the legal professions in other jurisdictions, notably in the UK.
The Clementi report on the regulatory framework for legal services in England and Wales recommended changes in the regulatory system, which it described as "flawed". It also expressed concern about how consumer complaints were dealt with, and about the restrictive nature of current business structures, recommending the creation of multi-professional practices which would allow financial as well as legal services to be offered together.
The Law Society has already moved to pre-empt similar criticisms of its operation here, where it is both the regulatory and representative body for solicitors. Last month it published the views of a task force which recommended change to the way complaints are dealt with, making a majority of the committee hearing such complaints non-lawyers.
At present, a sub-committee of the council of the Law Society, the registrar's committee, hears complaints against solicitors from clients. Two-thirds of its members are members of the council and one-third are lay people, nominated by the social partners. They are now to become a majority.
However, it is unlikely that the proposed changes will go far enough to satisfy the Competition Authority, which is expected to suggest that there is a conflict of interest where regulation and representation are carried out by the same body. Its chairman, Dr John Fingleton, has already pointed out that the situation is different for the other professions. Speaking last year to The Irish Times, he said: "We are looking at the possibility of a separate Law Council for the entire legal profession, looking after standards for education, continuing education, professional conduct and misconduct."
The barristers' profession has also been under scrutiny, particularly the fact that barristers can only be accessed through solicitors and the division between senior and junior counsel.
Entry to the profession, which requires training in the King's Inns, has also been examined. Non-law graduates must complete a diploma in law taught by the King's Inns. This institution's non-acceptance of other law diplomas is likely to be questioned by the authority.