The key recommendations...
The introduction of legislation for the establishment, by June 2008, of an independent statutory body called the Legal Services Commission to oversee the regulation of both branches of the legal profession.
An independent body - for example the
Legal Services Commission - should set standards and approve institutions that
provide solicitor and barrister training. This
would mean the Law Society and the Honourable Society of King's Inns would in future be required to apply to the body for approval to provide training.
The existing Irish basic competency requirement should be abolished and replaced by a voluntary system of high-level Irish language training.
The removal of unnecessary barriers that prevent lawyers from switching between one branch of the legal profession and another and that prevent clients from switching from one solicitor to another.
The introduction of legislation to permit qualified people other than solicitors to provide conveyancing services. Those wishing to join the profession would have to be registered as "conveyancers" by a Conveyancers' Council of Ireland. They would have a code of ethics, professional indemnity insurance and a compensation fund.
Barristers sharing premises should be allowed to promote themselves as a group by December 2007. Barristers should also be allowed to form partnerships.
Employed barristers should be allowed to represent their employers in court.
Establish "objective" criteria for the awarding, monitoring and withdrawing of the title of Senior Counsel. The title should apply to solicitors as well.
The removal of restrictions on solicitors advocating in court. Barristers should also no longer be obliged to be led by a barrister.
The removal of unnecessary restrictions on barristers' ability to advertise, provided this does not give false or misleading information or bring the administration of justice into disrepute. Solicitors should also be allowed to advertise as specialists.
The introduction of legislation to prohibit a solicitor from retaining a clients' file pending payment from the client.
The Bar Council should formally advise barristers that the practice of junior counsel marking a fee, without reference to work done, at two-thirds of the senior counsel's fee is anti-competitive and must cease.
Taxing masters should also immediately
cease the general practice of allowing
junior counsel fees at two-thirds that of senior counsel.
Legislation should be brought forward requiring solicitors to issue more detailed and accurate fee letters and that outlines a "meaningful" sanction for solicitors who fail to do so. Barristers should also be required to issue meaningful fee or fee estimate letters.
Legal costs should, with immediate effect, be assessed on the basis of work undertaken by individuals and not on the size of the award, as is currently the case.
Examine the possibility of introducing competitive tendering for the provision of legal services to the State.