McDowell now trying to sort out his old patch

[Betsy Og]

<spurious reference to drugs in cycling removed by ajapale>

McDowell now trying to sort out his old patch - I'm sure there was a bit of gagging on smoked salmon when this first became known

In fairness, public levels of cynicism are very high so if this legislation brings transparency to proceedings and tidies up charging practices then surely mutually beneficial to profession & public.

I think the reason the legal profession gets such slack is that
(i) there are circumstances where joe public has no choice but to use them (as opposed to filing his own tax return if he was so minded - wouldnt necessarily have to use an accountant)
(ii) the high absolute costs of going to court
(iii) % fees being charged
(iv) perceived lack of transparency

 

[Vanilla]

there are circumstances where joe public has no choice but to use them (as opposed to filing his own tax return if he was so minded - wouldnt necessarily have to use an accountant)

That is a matter of opinion.

 

[Purple]

That is a matter of opinion.

I think it is a matter of fact. If I want to sell or buy a house I have to use a solicitor. I have no choice.
Lack of transparency for entry to the Kings Inns is another issue I would like to see addressed.
I think that the rate of increase in legal fees over the last few years is indicative of a lack of any real competition in the industry.

 

[Vanilla]

No, you do not have to have a solicitor to buy or sell your house. Now if you need a mortgage, the bank may insist you retain a solicitor. However you always have a choice of not buying at all. Or not taking a mortgage to buy. So choice is a matter of opinion.

But in anycase I for one am delighted at the heralded changes. I think that more transparancy in costs is always a good idea. And I am delighted at the thought of an independant ombudsman.

In relation to Kings Inn, I'm not a barrister, but why do you have doubts about the system of entry? I know plenty of barristers who do not come from a legal background, nor indeed do they come from a background of any so-called social standing or 'class', if such a thing exists.

 

[ClubMan]

In relation to Kings Inn, I'm not a barrister, but why do you have doubts about the system of entry? I know plenty of barristers who do not come from a legal background, nor indeed do they come from a background of any so-called social standing or 'class', if such a thing exists.

Doesn't the [broken link removed] deal with this issue and make some recommendations?

 

[Purple]

No, you do not have to have a solicitor to buy or sell your house. Now if you need a mortgage, the bank may insist you retain a solicitor. However you always have a choice of not buying at all. Or not taking a mortgage to buy. So choice is a matter of opinion.

Ah come on, most people need a mortgage to buy their PPR and if they choose to buy their home they are required to use a solicitor. They have no choice in the matter.

In relation to Kings Inn, I'm not a barrister, but why do you have doubts about the system of entry? I know plenty of barristers who do not come from a legal background, nor indeed do they come from a background of any so-called social standing or 'class', if such a thing exists.

I'm not saying that it is a closed shop, just that it is not at open as it could be. I read the competition authority report on the legal profession last year and while I can't remember much of the detail I recall thinking it made some very good suggestions.

 

[Betsy Og]

Pasting of info below is meant to be helpful - feel free to delete if you wish (I know the issue of pasting info as opposed to linking is controversial here):

While many of the suggestions below sound good - like no monopoly on conveyancing - I presume there would be some study/qualification standard applied instead beacuse a pure "free for all" could result in 'fly-by-night' choas by chancers.

Extract from Report

"The Authority’s proposals on the most significant restrictions include:​

1. • Abolition of the educational monopolies enjoyed by Kings Inns and the Law Society in respect of professional legal education;
   
2. • Removal or amendment of the rule requiring barristers to be sole traders;

2

1. • Either the broadening of the Bar Council’s Direct Professional Access Scheme, or the abolition of the prohibition on direct access of the public to barristers’ services;
   
2. • Amendment of the restriction on the provision of conveyancing services by persons other than solicitors firms and practising solicitors;
   
3. • Removal of the restriction on partnerships between barristers and solicitors;
   
4. • Removal of the restriction on lawyers holding the titles of barrister and solicitor simultaneously;
   
5. • Abolition of the rule which prevents barristers engaging in occupations inconsistent with full-time practice at the Bar;
   
6. • Abolition of the rule which confines membership of the Law Library to full-time practising barristers;
   
7. • Removal of all restrictions on barrister and solicitor advertising, or of all except specified minimum restrictions;
   
8. • New criteria for allowing entry of lawyers qualified outside the EU;
   
9. • The establishment of a transparent scheme for the awarding of the title of Senior Counsel, together with the opening up of the title to solicitors;
   
10. • The provision by barristers of fee information to clients in advance;
    
11. • Persons other than solicitors to be allowed to become Taxing Masters, together with changes in the methods of taxation of costs;
    
12. • Abolition of the requirement on certain applicants to acquire the Diploma in Legal Education before sitting the King’s Inns entrance examination;

Other restrictions which the Authority recommends should be relaxed or amended are: the statutory requirements that persons intending to be barristers and solicitors pass an examination in Irish; the rule which provides that only solicitors and lay litigants can sign originating summons and the rules in relation to a solicitor’s lien on his client’s file."

 

[Brendan Burgess]

In practice, most of us would use a solicitor when buying or selling a house.

There is no legal requirement to do so, but the state's property ownership system is so complex, that legal expertise is needed. The state should be blamed for this, rather than the legal profession.

Brendan