Oireachtas Joint and Select Committees

Wednesday, 17 July 2013

Select Committee on Justice, Defence and Equality

Legal Services Regulation Bill 2011: Committee Stage

10:40 am

Photo of Niall CollinsNiall Collins (Limerick, Fianna Fail) | Oireachtas source

I move amendment No. 22:


In page 15, before section 9, to insert the following new section:“10.—Without prejudice to the generality of section 9, the functions of the Authority under this Act shall include—
(a) overseeing the regulatory bodies for the legal professions of barristers and solicitors so as to promote the regulatory objectives of this Act,
(b) overseeing the regulation of legal services provided by barristers and solicitors in the State by such regulatory bodies so as to promote the regulatory objectives of this Act,
(c) promoting awareness among members of the public of matters concerning the rules or codes of conduct of the Bar Council and of the Law Society generally and, in particular, dealing with complaints made to those bodies,
(d) reviewing the rules or codes of conduct of the Bar Council and of the Law Society generally and, in particular, those provisions of such rules and codes,
(e) recommending and, if necessary, requiring changes to the rules or codes of conduct of the two branches of the legal profession so as to provide for—
(i) the removal of unnecessary barriers to switching between the two professions of solicitor and barrister,
(ii) the removal of any unnecessary restrictions on switching barrister or solicitor in a case,
(iii) the prohibition on a solicitor retaining a client’s file pending payment from the client,
(iv) the exercise of part-time occupations by barristers that are not inconsistent with the rules or codes of conduct of the Bar Council,
(v) the removal of any prohibition on a barrister being led in court by a Senior Counsel who is not a barrister, and
(vi) the regulation of the right and entitlement of barristers and solicitors to advertise,
(f) receiving and investigating complaints in accordance with the provisions of this Act,
(g) carrying out any other duties and exercise any other powers assigned to the Authority by this Act, and
(h) promoting public awareness and disseminating information to the public in respect of the provision of legal services, including the cost of such services.”.

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