Brendan Burgess
Founder
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The [broken link removed] recommendations
Advocating in Court
36. Barristers who have practised for a certain number of years may be appointed by Government as “Senior Counsel”. The title is intended to be a quality mark, indicating that the barrister has extensive experience and a high level of legal knowledge, skill and judgment in the field of advocacy.
37. In reality, the title of Senior Counsel is not a reliable mark of quality because there are no transparent criteria for awarding the title. Neither is there any ongoing monitoring of quality, nor any procedure for withdrawing the mark in the event of a reduction in the level of quality. The title has the potential to distort the market for legal services, by leading solicitors and their clients to believe, without adequate justification, that in engaging senior counsel they are always engaging a lawyer who excels in his field or that other practising barristers are not of the same calibre.
38. The Competition Authority recommends that the Government establish objective criteria for awarding the title of Senior Counsel, together with a procedure for monitoring and removing it.
39. Solicitors have the right to advocate in every court in Ireland, in competition with barristers, but are inhibited from exercising this right by two restrictions. First, solicitors are not allowed to hold the title of Senior Counsel, irrespective of their ability to provide advocacy services. Second, solicitors are prohibited from being the lead advocate where for example a team of both barrister(s) and solicitor(s) is representing a client in court. The Competition Authority recommends that solicitors be eligible for the title of Senior Counsel, as is the case in Britain, and that they be allowed be lead counsel when advocating in court with a barrister. Removing these unnecessary restrictions will encourage greater competition in advocacy services.
Advocating in Court
36. Barristers who have practised for a certain number of years may be appointed by Government as “Senior Counsel”. The title is intended to be a quality mark, indicating that the barrister has extensive experience and a high level of legal knowledge, skill and judgment in the field of advocacy.
37. In reality, the title of Senior Counsel is not a reliable mark of quality because there are no transparent criteria for awarding the title. Neither is there any ongoing monitoring of quality, nor any procedure for withdrawing the mark in the event of a reduction in the level of quality. The title has the potential to distort the market for legal services, by leading solicitors and their clients to believe, without adequate justification, that in engaging senior counsel they are always engaging a lawyer who excels in his field or that other practising barristers are not of the same calibre.
38. The Competition Authority recommends that the Government establish objective criteria for awarding the title of Senior Counsel, together with a procedure for monitoring and removing it.
39. Solicitors have the right to advocate in every court in Ireland, in competition with barristers, but are inhibited from exercising this right by two restrictions. First, solicitors are not allowed to hold the title of Senior Counsel, irrespective of their ability to provide advocacy services. Second, solicitors are prohibited from being the lead advocate where for example a team of both barrister(s) and solicitor(s) is representing a client in court. The Competition Authority recommends that solicitors be eligible for the title of Senior Counsel, as is the case in Britain, and that they be allowed be lead counsel when advocating in court with a barrister. Removing these unnecessary restrictions will encourage greater competition in advocacy services.