Oireachtas Joint and Select Committees

Wednesday, 4 July 2018

Joint Oireachtas Committee on Justice, Defence and Equality

Legal Services Regulatory Authority: Discussion

9:00 am

Photo of Caoimhghín Ó CaoláinCaoimhghín Ó Caoláin (Cavan-Monaghan, Sinn Fein) | Oireachtas source

The issue of barristers holding clients' money was also referenced in Dr. Thornhill's opening address. On the other hand, solicitors hold clients' money.

Deputies Mick Wallace and Jim O'Callaghan asked about young barristers and Dr. Thornhill and Dr. Doherty responded accurately in that regard. I do not want to walk into the dark side - one refers to the other as the dark side; I suppose it depends on to whom one is talking - but there is a practice of holding clients' money and withholding payment to a barrister for services given. A number of reasons were given for young barristers not being able to stay the course; it all comes down to affordability. However, it could take years for payment to issue. While it is not a word I like to use, there is a significant drop-out rate among young qualified barristers in moving over to a solicitor's practice, into corporate work or perhaps away altogether, with all of their years of study and preparation lost. It is attributable to a number of issues which include the fact that solicitors who hold clients' money do not pay barristers as readily as I believe they should. I ask Dr. Thornhill to comment on that issue.

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