The Law Society has written to the Laffoy Commission asking that solicitors be considered for positions advertised by it at €1,270 a day, writes Carol Coulter, Legal Affairs Correspondent.
The commission recently put up notices in the Law Library seeking junior counsel at a brief fee of €23,278 and a daily fee of €1,269.74. The first 40 days are paid at a higher rate.
As reported in The Irish Times last month, this followed a dearth of applicants through the usual, informal, recruitment routes. Representatives of the Bar Council have been saying for some time that barristers are no longer queuing up to work in tribunals, despite the high fees to be earned.
According to the current issue of the Law Society Gazette, "a great many solicitors would be well capable of performing the legal tasks required by the commission and would be happy to take on the work at €1,270 a day or even for less".
The report also said that Law Society director general, Mr Ken Murphy, inquired of the commission why such positions did not appear to be open to solicitors as well as barristers, given that, since last year,"equality of opportunity in State appointments for lawyers has been accepted, even for the appointment of judges of the High and Supreme Courts.
"The type of work required [by the Laffoy Commission] is more associated with solicitors than barristers," Mr Murphy told The Irish Times. "It's not High Court advocacy."
In its notice the Laffoy Commission said the junior counsel concerned will form part of the legal team of the investigation committee, together with the senior and junior counsel already appointed.
"Furthermore, it is likely that the junior counsel concerned will sit as a legal adviser to the division of the investigation committee dealing with modules with which they have been involved."
The notice added that it was unlikely that a junior counsel of less than seven years' experience would be considered.
The matter was discussed at last Friday's meeting of the Council of the Law Society, and they are awaiting a response from the commission.
"It's over a month since we wrote," said Mr Murphy. When contacted by The Irish Times, a spokesman for the Laffoy Commission said it would be making no comment.