Catherine Murphy (Kildare North, Independent) | Oireachtas source

I move amendment No. 49a:

In page 35, to delete lines 25 and 26 and substitute the following:“35. (1) Subject to subsection (2) a legal practitioner shall be entitled to hold client moneys of clients and no professional code shall operate to prevent a legal practitioner from holding moneys of clients.”.

Essentially, this amendment seeks to change the terminology so as not to distinguish between barristers and solicitors when it comes to client moneys. Amendment No. 49bseeks to change the terminology to "legal practitioners". This would remove the prohibition on barristers' holding client moneys. I am unsure where the distinction originally came from, but it was made before the State was founded. It puts barristers at a severe disadvantage relative to solicitors, who may receive, for example, the proceeds of a settlement or expenses in advance while barristers cannot. This is about people being able to function and have a little control over their lives.

If this prohibition continues it would make barristers dependent on solicitors to engage with clients and it would frustrate the objective of enabling direct professional access in all matters. It is a critical issue. While it might seem a rather small amendment in terms of the terminology, it is an important one.

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