Seanad debates

Wednesday, 12 November 2003

Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages.

 

The split profession, as Senator Kett described it, is not peculiar to our system but is also found in other countries. In France, for example, there is a similar difference between notaires and advocats. Even the unified legal profession in America divides into specialties of trial and non-trial or corporate attorneys. Most American attorneys, who do what we regard as solicitors work, would not dream of undertaking a criminal defence on behalf of a client because specialists effectively emerge as trial attorneys in the various areas. I accept, therefore, the comment by Senator Walsh that the public regards the distinction between barristers and solicitors as expensive and difficult to justify. There is also considerable merit in the Senator's comments concerning a perceived absence of competition. A substantial agenda needs to be addressed in respect of the transparency of the fees charged by the legal profession, particularly barristers.

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