Brendan Burgess
Founder
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Summary of FLAC recommendations
You can read the full submission here
1. FLAC recommends that protecting and promoting the fundamental human right of access to justice and the rule of law be included as specific objectives of the Legal Services Regulatory Authority.
2. FLAC recommends that the word ‘diverse’ be added to the objective ‘Encouraging an independent, strong and effective legal profession’.
3. To accord with best international practice, FLAC recommends that the entire professional principles outlined in the UN’s Basic Principles on the Role of Lawyers be incorporated into the new legislation.
4. FLAC recommends that the Legal Services Regulatory Authority’s functions should include the promotion of understanding of law and the legal system as well as awareness in relation to legal services and their costs.
5. FLAC recommends that alternative models for the structure and operation of the Legal Services Regulatory Authority and the Legal Practitioners Disciplinary Tribunal be examined. The proposed structure should represent the key stakeholders who can properly inform and have a legitimate interest in the regulation and oversight of legal services.
6. FLAC recommends that there be a pre-complaint/ investigation process where those who need information about their concerns will receive it. This may obviate the need for a complaint at all and might filter minor issues into a simple process – not unlike the Small Claims Court, which is quicker and cheaper for all concerned. This could include a mediation function within the new office.
7. FLAC recommends that the Minister for Justice & Equality set up a time-limited working group of legal practitioners, legal costs accountants and representatives of the community & voluntary sector and consumers to identify in detail why legal costs are as high as they are and to propose how the costs of legal services in litigation could be reduced to ensure access to justice is more affordable.
8. FLAC recommends no change to the current arrangement whereby the expertise of the Bar is widely available to solicitor firms both large and small. The Authority might be mandated to examine whether partnerships of lawyers or multi-disciplinary ones or other alternative structures are in the interests of access to justice and in the interests of the general public with a view to further substantial debate upon publication of reports on these topics.
9. FLAC recommends that this Bill provide resources and mechanisms to immediately identify how to improve the efficiency of the administration of justice and the legal system.
10. FLAC recommends that in addition to a general preliminary stage for complaints there be a specific pre-complaint/ investigation process where those who need information about their concerns on costs will receive it and which has a simple mechanism for the determination of minor complaints.
11. FLAC recommends that the mandate of the Legal Costs Adjudicator’s Office includes a provision to focus on the dissemination of easily understood information and procedures which will determine costs disputes quickly and fairly.
12. FLAC recommends that fee adjudications in all categories be published, with suitable obscuring of personal details for in camera cases.
13. FLAC recommends that the courts should be specifically authorised to take into account the public interest nature of a case and that s.108 be extended to expressly include a section permitting the granting of protective costs in public interest law cases.
14. FLAC recommends that a request be made to the Legal Services Regulatory Authority to review how the Law Reform Commission’s recommendations on multi-party actions might be advanced over the early years of the Authority’s existence.
15. FLAC recommends that the Bill provides that appeals from administrative adjudications be to the
Circuit Court rather than the High Court.
16. FLAC recommends that the budget of the Legal Aid Board be sufficient to ensure that no one who is entitled to legal aid should have to wait more than 2-4 months to receive it.
17. FLAC recommends that the Legal Services Authority conduct a national representative study into unmet legal need in Ireland.
You can read the full submission here
1. FLAC recommends that protecting and promoting the fundamental human right of access to justice and the rule of law be included as specific objectives of the Legal Services Regulatory Authority.
2. FLAC recommends that the word ‘diverse’ be added to the objective ‘Encouraging an independent, strong and effective legal profession’.
3. To accord with best international practice, FLAC recommends that the entire professional principles outlined in the UN’s Basic Principles on the Role of Lawyers be incorporated into the new legislation.
4. FLAC recommends that the Legal Services Regulatory Authority’s functions should include the promotion of understanding of law and the legal system as well as awareness in relation to legal services and their costs.
5. FLAC recommends that alternative models for the structure and operation of the Legal Services Regulatory Authority and the Legal Practitioners Disciplinary Tribunal be examined. The proposed structure should represent the key stakeholders who can properly inform and have a legitimate interest in the regulation and oversight of legal services.
6. FLAC recommends that there be a pre-complaint/ investigation process where those who need information about their concerns will receive it. This may obviate the need for a complaint at all and might filter minor issues into a simple process – not unlike the Small Claims Court, which is quicker and cheaper for all concerned. This could include a mediation function within the new office.
7. FLAC recommends that the Minister for Justice & Equality set up a time-limited working group of legal practitioners, legal costs accountants and representatives of the community & voluntary sector and consumers to identify in detail why legal costs are as high as they are and to propose how the costs of legal services in litigation could be reduced to ensure access to justice is more affordable.
8. FLAC recommends no change to the current arrangement whereby the expertise of the Bar is widely available to solicitor firms both large and small. The Authority might be mandated to examine whether partnerships of lawyers or multi-disciplinary ones or other alternative structures are in the interests of access to justice and in the interests of the general public with a view to further substantial debate upon publication of reports on these topics.
9. FLAC recommends that this Bill provide resources and mechanisms to immediately identify how to improve the efficiency of the administration of justice and the legal system.
10. FLAC recommends that in addition to a general preliminary stage for complaints there be a specific pre-complaint/ investigation process where those who need information about their concerns on costs will receive it and which has a simple mechanism for the determination of minor complaints.
11. FLAC recommends that the mandate of the Legal Costs Adjudicator’s Office includes a provision to focus on the dissemination of easily understood information and procedures which will determine costs disputes quickly and fairly.
12. FLAC recommends that fee adjudications in all categories be published, with suitable obscuring of personal details for in camera cases.
13. FLAC recommends that the courts should be specifically authorised to take into account the public interest nature of a case and that s.108 be extended to expressly include a section permitting the granting of protective costs in public interest law cases.
14. FLAC recommends that a request be made to the Legal Services Regulatory Authority to review how the Law Reform Commission’s recommendations on multi-party actions might be advanced over the early years of the Authority’s existence.
15. FLAC recommends that the Bill provides that appeals from administrative adjudications be to the
Circuit Court rather than the High Court.
16. FLAC recommends that the budget of the Legal Aid Board be sufficient to ensure that no one who is entitled to legal aid should have to wait more than 2-4 months to receive it.
17. FLAC recommends that the Legal Services Authority conduct a national representative study into unmet legal need in Ireland.