McDowell threat to restrictive legal practices

JUSTICE MINISTER Michael McDowell last night criticised the restrictive practices of the law profession and called for greater transparency and value for money from barristers and solicitors.

Mr McDowell also warned the legal profession that self-regulation would be scrapped if it did not favour the public interest.

Speaking in Dublin, Mr McDowell took a broadside at the continued distinction between barristers and solicitors.

“The distinction ... can only be defended if it demonstrably delivers a better quality of service and a fairer system of access on equal terms to justice at a cost which is competitive with any alternative fused profession,” said Mr McDowell, who is a former barrister.

Mr McDowell’s comments come as the Competition Authority continues to investigate restrictive practices in the profession with a particular focus on perceived uncompetitive practices among barristers.

Earlier this year, Competition Authority head Dr John Fingleton said he believed it was time to remove the Law Society’s regulatory role, and to bring all barristers and solicitors into a single profession of lawyers.

Promising to reform the law profession, Mr McDowell said there should be no closed shops, no restrictive practices and no artificial barriers in access to or delivery of legal services.

“Self-regulation must deliver the highest standards of professional integrity and protection for interests of clients and the public otherwise there will be a case for external regulation,” he said.

Mr McDowell promised to consult with the Law Society in relation to any reform that he may have under consideration and acknowledged that access to legal education was widening.

“Entry must be based only on quality assurance, never on the economic interests of the present generation of practitioners,” he said.