Sir, – The Irish bar deserves better than Paul O’Higgins SC’s (September 2nd) dismissive and sneering riposte to Lord Lester QC’s astute analysis of the anti-competitive practices which are prevalent at the Irish bar.
Somewhat tellingly, Mr O’Higgins studiously avoids putting forward any proposals for reform and he fails to respond in any way to Garrett Simons’s (August 31st) criticisms of the restrictive practices which endure at the Irish bar.
In addition, certain aspects of Mr O’Higgins’ letter do require some correction. While Mr O’Higgins may be correct in stating that the two-thirds rule regarding fees has been abolished, the practice of junior counsel seeking a fee which represents two-thirds of the senior counsel fee remains widespread. Also, Mr O’Higgins asserts that “applications to become senior counsel have never been politicised” – a somewhat absurd assertion in view of the fact that applications from barristers who wish to become senior counsel are determined by the Attorney General who is undeniably a political appointee.
Mr O’Higgins claims that every newly qualified barrister gets a chance to practise. This may be true in theory, but the reality is very different as many newly qualified barristers are unable to go into practice because in the absence of family connections in the legal profession, they will find it difficult to secure work and eke out a living.
This is compounded by the Bar Council’s unrelenting opposition to a move to a chambers system where work is distributed on the basis of ability rather than familial connections.
The Bar Council would do well to engage in a far more constructive way with those who point out the failings of the Irish bar as well as with the politicians who will, in time, rid the bar of some its antiquated and anti-competitive practices. – Yours, etc,