Sir, – Lord Lester of Herne Hill QC (August 30th) rebukes the Irish legal profession as “over-ripe” for reform. I too am an English barrister, though with an Irish wife, born and raised in Limerick. However, I would not be so presumptuous as to criticise my Irish colleagues or tell them how to run their profession.
Having been much longer at the bar than Lord Lester (I was called in 1951 and have worked in the law ever since) I will answer some of his criticisms of his fellow English barristers. I do so as the author of Professional Ethics: the Consultant Professions and their Code(Charles Knight, 1969), the last book on the subject to be written before the revolution Lord Lester so much delights in.
The historic code of the professions is denigrated by Lord Lester as a set of restrictive practices which are archaic, self-serving and contrary to the public interest. But there is another way of looking at it.
The old professions thought their fiercely-guarded independence served the public interest rather than harming it. They despised ambulance-chasing and touting for business, believing in word of mouth recommendation and letting the work come to you.
They did not need state compulsion to keep themselves up to date, because they believed in individual responsibility. They did not despise oral argument as “prolix”; and held counsel responsible for deciding for themselves on how to present their case in court and which cases to cite. When they became judges they considered their competence to be their own responsibility and did not expect to be sent on state training courses or otherwise nannyed. They believed that for the good of the community the state and all its interfering manifestations should be kept at arm’s length. They were proud of their historic profession, which is plainly not the case with Lord Lester. – Yours, etc,
Sir, – It was most gracious of Paul O’Higgins to say he welcomes an “informed debate” on our legal system (Opinion, August 26th). I take it that means only people who know what they are talking about: ie the legal profession.
A sort of restrictive practice debate if you like, as Michael Casey’s criticisms are dismissed as he is not of the profession himself – merely highly experienced in the public service.
My own experience of dealing with the law was that when I gained ownership of my house – the most important event of my adult life – I was not allowed talk with my barrister before or after the court case. He dealt only with my solicitor.
I hope never to have to darken the door of the courts again. I loathe the process, and dread the costs. I suspect most people feel the same way.
Our legal system largely comes from the Anglo-Normans and is largely about protecting the strong and the elite from the average citizen.
It is a large part of why our so-called “Republic” continues to fail. – Yours, etc,