Legal Reform - Summary of Competition Authority's recommendations

[Brendan Burgess]

[broken link removed]of the Competition Authority's Report


Establish an independent Legal Services Commission to oversee the regulation of legal services


Have an independent body to set standards for solicitor training and approve institutions that wish to provide such training


An independent body should set standards for barrister training and approve institutions that wish to provide such training

The existing basic Irish competency requirement should be abolished and replaced by a voluntary system of high level Irish language training

The current system of reciprocity in recognition of legal training of non-EEA lawyers should be replaced by mirroring the existing provisions for EEA lawyers

Remove unnecessary barriers to switching between the branches of solicitor and barrister

Allow qualified persons other than solicitors to provide conveyancing services

Allow unlimited direct access to barristers for legal advice The Legal Services Commission should undertake research in the area of direct access

Barristers sharing premises should be allowed to promote themselves as a group Barristers should be allowed to form Partnerships

The Legal Services Commission should undertake research in relation to business structures

Allow employed barristers to represent their employers in court

Establish objective criteria for awarding the title of Senior Counsel

Remove restrictions on solicitors advocating in Court

Remove unnecessary restrictions on barristers’ ability to advertise

Remove unnecessary restrictions on solicitors’ ability to advertise

Remove the unnecessary restriction on switching barrister

Permit practising barristers to exercise part-time occupations

Allow new barristers to act for former employers

Advise barristers that the practice whereby junior counsel charge fees at two-thirds of senior counsel’s fee is anti-competitive

Cease the practice of taxing junior counsel fees at two-thirds of the senior counsel.


Provide useful information for consumers Require solicitors to issue meaningful fee or fee estimate letters

Require barristers to issue meaningful fee or fee estimate letters Legal costs should be assessed on the basis of work done

Persons other than solicitors should be eligible for appointment to the Legal Costs Assessment Office

Examine the possibility of introducing competitive tendering for the provision of legal services

 

[Brendan Burgess]

It seems to me that the Minister is simply implementing these recommendations.

"The Competition Authority’s 29 recommendations are in line with previous recommendations made by other independent bodies which have
not been implemented. Bodies that have made recommendations in the past include the Restrictive Practices
Commission (1982), the Fair Trade Commission (1990) and the OECD (2001). The recommendations are also
in line with the reform of the legal profession that has taken place, and is taking place, in other common-law
countries, such as England, Wales, Northern Ireland, Australia and New Zealand."