January 16, 2011 - The Sunday Times reveals Bar Council threats to barristers
16/01/2011
Colin Coyle, writing in today's The Sunday Times, reveals that the Bar Council's chairman has warned that those barristers in arrears on their subscriptions could be excluded from the Law Library in the coming months, and has described the situation as "unsatisfactory". Coyle points out that a barrister who has been "excluded" from the Law Library by the Bar Council remains free to practise as a barrister before all courts in Ireland.
Hard-up barristers may be banned from ‘crucial' Law Library
Difficulty in securing fees from clients blamed as it is revealed that 15% of members have not paid subscription for the past year
Colin Coyle
Published January 16, 2011
HUNDREDS of barristers are in arrears on their Law Library subscription fees and could ultimately be "excluded" from the facility.
Paul O'Higgins, a senior counsel and chairman of the Bar Council, wrote to barristers last week warning that, if current trends continued, 15% of the Law Library's 2,300 barristers would be in arrears by the end of this year.
Barristers must pay subscription and service charges to the Law Library every year, with "devils" - as newly qualified barristers are known - paying €1,500, and junior counsels more than €5,000. Seniors who have a seat, or desk, pay €9,000. Members are usually invoiced in October.
In recent years, the Bar Council has been forced to send repeated follow-up letters to those in arrears.
In his letter O'Higgins sympathised with members finding it hard to secure fees from solicitors and clients due to the "difficult" economic climate. He said the Bar Council is looking at "new initiatives" to help barristers recover fees.
O'Higgins nevertheless warned that those in arrears could be excluded from the Law Library in the coming months, describing the situation with subscriptions as "unsatisfactory". The Bar Council plans to write to those in arrears to urge them to settle bills.
A barrister who has been excluded remains free to practise but access to the Law Library is considered crucial by counsel as it affords them office facilities and networking opportunities.
Many barristers have been affected by the economic downturn. Almost half now take up to seven years to earn enough to break even, according to a group established last year to represent young advocates.
About 1,000 members of the Bar have been in practice for less than seven years.
Barristers do not get paid until a client first settles his solicitor's bill. They are not entitled to sue clients or solicitors for fees, and many complain that accounts are being paid late or not at all.
Last year the Law Society reported that there had been a "significant increase" in complaints from the Bar Council over unpaid fees.
An association styling itself the Bar Interest Group was established last year to represent the interests of junior counsel. It has called for a review of Law Library subscription rates.
Since late last year, junior counsels must pay the entrance fee and first-year Law Library subscription of their devils. Masters, as junior counsel who take on devils are known, have traditionally contributed to their recruits' expenses, but there has been opposition to the requirement that they pay devils' fees.
Fees for a devil are about €3,000 in their first year, split evenly between an entrance fee and Law Library subscription. Last year O'Higgins said that barristers had been affected by fee cuts by both state and private clients.
He said clients were increasingly shopping around, and there had been a fall-off in property-related law and family law, where legal fees are paid once the family home is sold. In many cases, the sale of the family home is being postponed because of the market, he said, resulting in barristers not getting paid.
"My guess is that overall the volume of work may not be less but the number of barristers in a position to make a living has decreased," O'Higgins said.
Last year an unnamed barrister was quoted in The Irish Times as saying his colleagues were being asked to take cases for cash - transactions that wouldn't go through the books. He said those still prospering included barristers specialising in commercial litigation, criminal work, and cases relating to company liquidations.
(Copyright The Sunday Times).