Seanad debates
Wednesday, 12 November 2003
Courts and Court Officers (Amendment) Bill 2003: Second and Subsequent Stages.
It is the function of a solicitor to act in the interests of his or her client. Obviously, he or she must engage a good barrister but it is also the solicitor's function to strike the best possible bargain on behalf of his or her client when doing so. Most people, including Senator Tuffy, will agree that while this is the theory, it is not translated in practice. In the eyes of the client, there sometimes appears to be a common interest between the solicitor and barrister in respect of fees, as opposed to a sense that the solicitor is performing the function of negotiating the barrister's fee to obtain the best value for the client. In my experience as a barrister, I never encountered in practice the theoretical notion that a solicitor would genuinely consider selecting one of three or four barristers to do a case and ask them in advance to name their price and effectively tender for the work in question.
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