THE BAR Council is conducting an in-depth economic survey of barristers to prepare for forthcoming discussions about reform of the Bar.
These will arise in the context of the EU-IMF Memorandum of Understanding (MOU) with the Government, which is due to report on its progress in reforming the legal professions by September next.
In a letter to all members of the bar, chairman of the Bar Council Paul O’Higgins SC said the survey, which will be confidential, is necessary so that the council can “speak convincingly on your behalf in relation to the many issues liable to confront the Bar in the coming weeks, months and years”, without making explicit reference to the MOU. It will be a professional requirement that the survey is filled in, he said. Conducted by Insight Statistical Consultants, it will ask barristers for their qualifications, when they were called to the Bar, how long they have practised, whether they are senior or junior counsel, what geographical and professional areas they practise in, whether they use an office or their own home and the hours they work. These can range from “none” to more than 75 hours a week.
Respondents are asked to indicate their age band and gender, whether they are the sole earners in their household and how many dependent children they have.
The survey also seeks comprehensive information on income, both from fees and other sources, asking members to tick boxes with amounts ranging from under €5,000 to over €500,000. It also asks for details of other earnings, including lecturing or board memberships. The survey asks for details of expenses, ranging from secretarial and office expenses to insurance and membership of the Law Library.
There is a series of questions on the proportion of work undertaken for various State bodies, including legal aid; on the proportion of work done on a “no foal, no fee” basis; and as “pro bono” work. It asks for an indication as to whether work has decreased or increased recently.
The survey also asks about the current level of outstanding fees for work completed, with provision for fees to be outstanding for more than 12 months. It asks if barristers have outstanding loans for funding their practice, and the level of such loans. Up to now the only, and often-quoted, data on lawyers’ earnings came from a 2006 Competition Authority report on the legal professions, which was based on 2002 data from the Revenue Commissioners, and was disputed by the Bar Council, but without providing alternative figures.
This reported that the average income of all lawyers (solicitors and barristers) for 2002 was €164,023, with the median income (closest to that of most individuals) was €92,280. This undoubtedly increased subsequently but has fallen back since the recession.
The MOU refers to the implementation of the Competition Authority report and action on legal fees.