The Bar Council has responded to the Competition Authority's proposals for reform of the Bar with plans for a number of far-reaching rule changes and proposals to Government.
These include having a majority of non-lawyers on its disciplinary bodies, the creation of an ombudsman for the profession and allowing barristers to advertise their services and fees.
The council states, however, that the case for an independent legal services commission has not been made, and rejects proposals for new forms of business organisation as alternatives to the present sole-trader system.
The present system guarantees the independence of the Bar and access to the expertise of the most eminent by small solicitors' firms and ordinary clients, it says in its response to the authority's report.
The Competition Authority has received 19 submissions, which it will consider over the summer, and expects to publish its final report by the end of the year.
In its preliminary report, published in February, it proposed that regulation of both the solicitors' and barristers' professions be done by an independent Legal Services Commission.
Instead the Bar Council proposes that its own professional conduct tribunal, along with the appeals board of this tribunal, should sit from now on with a majority of non-lawyers.
It will propose to the Government the setting up of an Ombudsman for the profession, to whom the public would have an automatic right of appeal of decisions of the appeals board.
It will also provide simple forms in plain language for the making of complaints.
In relation to fees, the Bar Council said it will bring forward proposals for transparency in relation to fees. It states that there is no reason why barristers should not indicate to clients an hourly rate for their services.
It also proposes far-reaching changes to the office of taxing master, starting with opening up the office to professionals other than solicitors, the centralisation of the taxing of costs in one office, and recruiting a number of additional taxing officers.
"The taxation process should look at both the value or worth of the work done and the necessity to carry out that work," it says.
It will also end the present system whereby junior counsel are paid two-thirds of the fees charged by senior counsel in a case, replacing it with a system where each is paid according to the work they actually do.
There should be a transparent process where the merit of barristers seeking promotion to senior counsel is assessed, and a system for withdrawing this mark if the work falls below the required standard.
In relation to assisting new entrants to the profession, the council proposes to allow barristers employ other barristers for research and general assistance; broadening the range of part-time employment they can engage in; and formalising the sharing of expenses and facilities.
Referring to direct access by the public to barristers, the Bar Council proposes the extension of the number of bodies and organisations who already have direct access for advice, though not for representation in court.
These are mainly professional bodies, though recently the council expanded this to include a number of NGOs and community organisations. It said it will consult widely before extending this list.
It will remove any restrictions on transfer of lawyers between the solicitors' and barristers' professions, but rejects proposals that would mean barristers taking on work at present done by solicitors, particularly where it involves clients' accounts.
