McDowell vows to tackle high legal costs

THE Government has given approval for major reforms to tackle high legal costs and give people dealing with barristers and solicitors better value for money.

Justice Minister Michael McDowell last night revealed that the Cabinet had endorsed the recommendations of a report prepared by the Legal Costs Working Group just before Christmas and that immediate steps would be taken to implement its findings.

The group, chaired by a former high-ranking civil servant Paul Haran, recommended a wide range of measures including the abolition of the taxation of costs system (overseen by a High Court Taxing Master) to be replaced by a legal costs regulatory body.

Speaking at Trinity College last night, Mr McDowell said that in future, costs guidelines would be based on an assessment of amount and nature of work to be done in a case.

There will also be better transparency, including detailed itemisation of fees, that will make it clear to clients “what they are being charged, why they are being charged, and the basis upon which they are being charged”, he said.

Mr McDowell said the arbitrary practice where junior counsel are paid two-thirds of the senior counsel’s rate was unacceptable and unfair. He also said he hoped to radically strengthen the law in relation to solicitors and barristers charging their clients percentages of the awards.

However, the minister said that the practice of ‘no foal, no fee’ should be retained, given that it allowed people of modest means to engage lawyers to vindicate their rights.

“Many people feel that access to the courts has become prohibitively expensive. Many people feel that simple circuit court actions are now far beyond the capacity of many reasonably well-off people,” he said.

Mr McDowell said that value-for-money reform in the legal profession was as inevitable as it was difficult.

“It won’t go away as an issue. It will be on any minister’s agenda and will happen,” he said.

The minister said he did not agree that the distinction between barristers and solicitors should be abolished.

Nevertheless, he said, the involvement of Government in appointing senior counsel was an anomaly that should end.