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
Dr. Don Thornhill:
We are obliged to report within four years of the authority's establishment date. We have not yet reported on the matter. We have not done so purely because of time pressures. We have not investigated the particular issue. There are varying practices across common law countries, which are the easiest comparators. As far as I know, Singapore is the only country to have a totally unified attorney or lawyer profession. The classic distinction is that a solicitor is involved in an array of functions on behalf of clients - probate, conveyancing, litigation, etc. - whereas a barrister is responsible for giving opinions and advocacy. For a number of years solicitors in Ireland have raised the issue of the advocacy role. Solicitors now have the right of audience, as it is referred to quaintly, in the upper courts and can act as advocates. What will be the outcome of our deliberations on the issue? Some argue vehemently that not only are there economies in the current dual track, but it also means that people can have access to the best barristers in the country. There is obviously a cost issue for some people under what is called the "cab rank" rule, whereby barristers line up and take briefs from solicitors. Clearly, any reform in this area would be very fundamental for the profession. Perhaps the draftspersons were wise in drafting those provisions, particularly the four-year rule, to give us all an opportunity to see how legal partnerships and limited liability legal partnerships worked because, in effect, they provide for the possibility of solicitors and barristers working under the same roof and dealing as a unity with a client.