Bar Council votes for pro-consumer changes

The Bar Council has changed its rules to meet many of the criticisms levelled at the legal profession in recent years.

The Bar Council has changed its rules to meet many of the criticisms levelled at the legal profession in recent years.

The changes will allow a majority of lay people on its disciplinary committee, encourage the provision of competitive quotes by barristers for work, ease the transfer between the solicitor and barrister branches of the profession, and allow more direct access to the public.

These are among 49 rule changes agreed by a big majority at a general meeting of the bar on Monday. A two-thirds majority was required for the rule changes. They affect the constitution of the bar, its code of conduct and its disciplinary code.

Chairman of the Bar Council Hugh Mohan SC told The Irish Times that they would now be writing to Ibec, Ictu and other public bodies seeking nominees for lay membership of the disciplinary panel. It will have three barristers and nine lay people, and each tribunal will have one barrister and three lay people hearing complaints against barristers. He said the bar also agreed to support the proposed legal ombudsman, who would be the ultimate arbiter in disputes.

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The section relating to fees begins with a new sentence stating: "Barristers' fees are based upon work done." This contrasts with the practice identified by the Haran Committee on Legal Costs, set up by the Minister for Justice, for lawyers to charge fees according to the value of the work to the client rather than work done or hours spent. However, this remains a factor to be taken into account in the charging of fees.

The new rules also provide that an estimate, or a statement of the basis on which fees will be charged, be provided to the instructing solicitor as soon as the barrister agrees to accept the case.

According to Mr Mohan, solicitors and members of the public are now encouraged to seek quotes from barristers for work done, and to give the work to the qualified barrister who offers the best quote. "The instilling of competition is now in the code."

The new rules also permit easier switching between solicitor and barrister. Previously people had to opt for one branch or other before training, and retrain if they wanted to move.

Now a solicitor qualified for three years will be able to switch automatically, and the reverse will also be true following an agreement with the Law Society, Mr Mohan said.

Barristers will also be able to advertise on a similar basis as solicitors may at present. However, initially at least, such advertising is likely to be limited to legal journals and similar media.

Young barristers will face far less restrictions on undertaking part-time work to supplement their income. Previously they were only allowed work as politicians, journalists and academics, but now any line of work not held to "bring the bar into disrepute" will be permitted.

The Bar Council will consult with other interested parties on the expansion of direct access to barristers by members of the public. At the moment most access must be mediated by solicitors apart from certain voluntary work for NGOs and charities.

It is proposed that the range of persons entitled to engage barristers directly will be expanded.

Many of these changes emerged during the discussions surrounding the report of the Competition Authority on the legal professions, and the recent report of the Haran committee.

Mr Mohan said the bar acknowledged the need to become pro-consumer and pro-competition while preserving the essential character of an independent referral bar.