Financial support for would-be barristers when “devilling” for masters and improvements to the workplace culture within larger law firms are among recommendations to the Minister for Justice, Helen McEntee, in new reports on diversity in the legal professions.
The recommendations arise from research conducted into barriers to entry for aspiring and early career barristers and solicitors and are part of the continuing work by the Legal Services Regulatory Authority (LSRA) aimed at improving diversity. Among the findings are that young legal professionals are almost exclusively “white Irish”, with more than 70 per cent coming from the higher ABC1 socio-economic background.
The reports contain 32 recommendations aimed at addressing the widespread perception that access is “heavily reliant on prior connections and networks”.
The most significant barrier to entry found was the cost of qualification, including not just fees but also the length of time it took post-graduation before solicitors and barristers earn a reasonable salary.
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The main challenges facing early career solicitors were found to be long working hours and lack of work-life balance, while early career self-employed barristers cited the years it can take to build up a practice.
The “Breaking Down Barriers” reports are the result of a request from the Minister to the LSRA in 2020 to examine the barriers being faced by young people wanting to enter the legal professions, with particular attention to be paid to equity of access and the achievement of greater diversity.
The research found that only 14 per cent of solicitors, 23 per cent of barristers, and 28 per cent of law undergraduates agree that those involved in the professions are representative of the population generally.
At present, practitioner training is provided by the Law Society (solicitors) and the Honorable Society of King’s Inns (barristers), both of which are based in Dublin. Would-be solicitors need a law firm to sponsor them for in-house training, while barristers who want to join the Law Library need to do a year of “pupillage” – being an unpaid “devil” for a “master” who agrees to take them on – with a master who is based mostly in Dublin. Many barristers choose not to devil and instead take up employment in the Civil Service or large private firms.
Among the recommendations made by the LSRA are that the professional bodies explore the creation of an annual levy on the professions to develop increased financial support for prospective barristers and solicitors.
It is also recommended that the Honorable Society of King’s Inns review the requirement that barristers undertake pupillage before they can represent clients in court, that a minimum payment for barristers during pupillage be examined, and that masters who are not predominantly based in Dublin be allowed take on devils.
The research shows that while the big law firms pay trainee solicitors well, those training with smaller firms can be on the minimum wage. The LSRA recommends that a minimum payment for all trainees be introduced. The authority also recommends that the public sector establish direct trainee intake schemes.
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The Law Society, the Honorable Society and the Bar of Ireland, it is also recommended, should examine the access initiatives they have introduced, consider new initiatives, and keep their initiatives under review. Also, “demographic data” should be collected and published to establish and track a continuing “diversity profile” of the professions.
Reform of the pupillage system is also recommended, with a more formalised, fair and transparent system for those seeking to secure a master.
It is also recommended that the authority engages with the barrister profession to consider initiatives that would make a career as a self-employed practitioner more sustainable in the early years, in particular for women and underrepresented groups. Among the suggestions made are new business models, including legal partnerships.
Making sure that barristers get paid their fees in a timely manner, changing the law to allow barristers to sue if they are not paid their fees, and more transparency in the distribution of State-funded work are also recommended.
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