Sir, – The chairman of the Irish Bar Council, Paul O’Higgins QC, writes (Opinion, August 26th) that he welcomes informed and mature debate on the reform of his profession and critical review of bar practices. But his defensive and complacent article does not identify any practice or procedure that he would like to change.
I have practised at the English bar for more than 40 years. For most of that time I have been fortunate to take my holidays in west Cork where I have been amazed to observe the way in which the Irish bar has successfully resisted the removal of restrictive practices that manifestly do not serve the public interest.
I do not claim that the English bar is perfect, but I welcome the fact that, with the support of government, parliament, the media and the public, Lord Chancellor Mackay was able to overcome professional opposition and to make much-needed reforms.
Despite self-serving protests from many English barristers, the two-thirds rule was abolished, together with the two-counsel rule. The bar’s monopoly on advocacy went, as did archaic restrictions against professional advertising. Pupils are now recruited on the basis of merit and not gender, ethnicity or family connection. In good chambers work is fairly allocated, and ethical standards are monitored. Would-be barristers receive scholarships from the Inns of Court and pupillage awards paid for by practitioners. Applications to become senior counsel and judges are no longer influenced by politics or nepotism. Barristers now have to demonstrate that they attend lectures and classes to keep themselves up-to-date. The judiciary is trained in case management and changes in law and practice. English lawyers are subject to the stern discipline of wasted costs orders, and no longer waste court time with prolix oral arguments and the unnecessary citation of case law.
The opportunities for a young Irish man or woman of limited means and no family connection do not compare with the opportunities abroad, which helps to explain why so many outstanding Irish lawyers prefer to practise in the UK or elsewhere in Europe.
The time is over-ripe to reform the Irish legal profession, and Michael Casey is entirely right (Opinion, August 22nd) to hope that the EU-IMF programme will give teeth to the work done by the Competition Authority. – Yours, etc,