The chairman of the Bar Council, Michael Collins, spoke to Legal Affairs Editor CAROL COULTERabout the challenges for the barristers profession
WHENEVER A controversy concerning barristers arises, the first port of call for journalists is the chairman of the Bar Council. But what exactly is the Bar Council?
Its present chairman is Michael Collins SC. He explains that ultimately it is the governing body for barristers, while it is also their representative body. It is a regulatory body in that it has a professional practice committee, but it is not, he stresses, the disciplinary body for barristers.
That is the Barristers Professional Conduct Tribunal, an independent body of nine with a (narrow) lay majority. It is composed of four practising barristers, a nominee each of the Chief Justice, of Ibec, of the Ictu and two non-barristers nominated by the Bar Council.
A person with a complaint can go to this tribunal and, if not satisfied, can appeal to the Professional Conduct Appeals Board, which is chaired by a retired judge and has a non- lawyer nominee of the Attorney General and one from the Bar Council.
Now that the Legal Services Ombudsman Act has been passed, the legislation exists for the establishment of a legal services ombudsman, who will oversee the workings of these bodies and the equivalent tribunal for solicitors.
Mr Collins says complaints against barristers are relatively rare and relate to issues such as the conduct of a trial. Because barristers do not handle clients’ money, issues relating to financial transactions do not arise.
One source of public disquiet is the level of fees. Mr Collins points out that an advance fee estimate is now mandatory and solicitors are encouraged to shop around on behalf of their clients. Such estimates take into account the amount of work done and the value of the case to the client.
Barristers, like everyone else, are feeling the chill winds of the recession, he says. “Some work has dried up completely, like opinions on title [of land]. People are also far more interested in alternatives to litigation like mediation, and the recovery of fees is now much more difficult.”
Every barrister experiences a proportion of cases where fees were not paid (quite separately from pro bono cases, taken without the expectation of being paid unless the case was won and the costs were borne by the other side). Now, though, there are some big cases involving many millions of euro where the client might be on the edge of bankruptcy, he says, and might not be able to pay the fees at the end of the case.
He is also worried about the future of the Legal Aid Scheme, where fees are already very low, in the current economic situation.
However, he points out that for those who cannot afford a lawyer, the Bar Council’s voluntary assistance scheme could be an option. This is a scheme whereby the Bar Council offers to find a barrister who can be briefed by an NGO rather than a solicitor.
“There are a lot of NGOs out there that people can go to and then be referred on to the voluntary assistance scheme,” Mr Collins says. “We encourage our members to volunteer to do a couple of pro bono cases a year.
“We have more barristers willing to do that than we have cases at the moment. We need a bigger take-up from the NGOs.”
While this is particularly good for young barristers, as it gives them experience and exposure, the Bar Council also encourages senior counsel to participate in the scheme.
The number at the bar has exploded in recent years and he considers it has now reached saturation point, not only in terms of the work available, but also in terms of the physical resources.
However, there are signs that the demand for places is slowing down, as news of the difficulty in getting work is filtering back go law students.
So what would he say to young people considering joining the profession?
“The profession of barrister is wonderfully satisfying, because of the close interaction with people and the fact that you solve a problem for them at a moment of great crisis in their lives. But it is not for the faint-hearted. It demands a certain temperament, and a certain tolerance for risk.
“There will always be people who will be successful and it is very satisfying, independently of the issue of fees, which may or may not be paid.”