Report urges radical reform of legal profession

A NEW profession of conveyance specialists should be established and an independent Legal Services Commission set up, the Competition Authority said yesterday as it recommended radical reform of the legal profession.

In its report, Competition in Professional Services — Solicitors and Barristers, the authority made 29 recommendations it said would help lower costs and benefit workers in the sector.

But the Law Society said the authority had been overtaken by events and was playing “catch up” because of changes that have taken place in the profession.

The authority’s report claimed consumers were often not informed of their rights, and offered examples, such as the fact they are entitled to a letter outlining any possible legal fee and are not obliged to pay percentage fees to solicitors.

It said legislation was needed to create a Legal Services Commission, which the authority said would allow the consumer’s voice to be heard regarding regulation of legal services.

As for the new profession of specialist conveyancers to compete with solicitors, the authority said they should receive appropriate training and that the proposal should also include a compensation fund and professional indemnity.

It said there was evidence the introduction of such a scheme in other common law areas has led to a significant fall in prices. The report also said restrictions on access to education should be lifted. At present solicitors enter the profession through the Law Society in Dublin and Cork, and barristers enter through the King’s Inn in Dublin.

Other recommendations include easier access to barristers, making it easier for people to switch solicitor (such as instances where there are complaints about perceived delays in having cases dealt with), and allowing barristers to form partnerships. The authority’s chairman Bill Prasifka said it “will be up to the Government to bring in any changes”. “This report is written by our advocacy division in our advocacy role,” he said. “If there is no change we will have to look and see if there is any other course of action that may be appropriate.”

Ken Murphy of the Law Society said there was “nothing new” in the report and the legal profession had already introduced a number of internal reforms, in addition to the forthcoming appointment of a Legal Services Ombudsman. The recommendations of the Haran Report on legal costs are also to be implemented.

However, he said the society “will look at the study closely and the Law Society Council has decided to have a special meeting next month to go through all of this in detail and see what we can learn from it”.

The Society of King’s Inns welcomed the report, but said there were two working groups reviewing aspects of the education of barristers within the King’s Inn.

Bar Council chairman Turlough O’Donnell said there were misunderstandings in circulation about existing practices, such as the fact people can access a barrister directly, and not just through a solicitor.