Category: Legal Practitioners

Duties of legal practitioners A legal practitioner shall not charge amounts in respect of legal costs in relation to contentious business specified as a percentage of the proportion of damage or other moneys that may be payable to his client, other than in debt collection matter. He may not purport to set legal costs to […]

Officers of Court Solicitors are officers of the court.  They are directly subject to High Court control and jurisdiction in the context of enforcement of obligation.  They owe duties to the court as well as to their client. In order to practice as a solicitor, a person must be qualified as such and being entered […]

Regulation Barristers are regulated by the Bar Council of Ireland.  Legal education is administered and provided by the Honourable Society of Kings Inns.  Members of the Bar are usually members of the Law Library. The Honourable Society of Kings Inns operates as a society and is controlled by the benchers of the Honourable Society of […]

Instructions & Fees A barrister must hold himself out as willing to appear in court on behalf of and give advice and other services to any client.  He is bound to accept instructions in the field in which he professes at a proper professional fee. In special circumstances, he may be justified in refusing papers. Papers […]

The Four Courts The Benchers of the Honourable Society of King’s Inns was an unincorporated body that dated from 1539.  In 1542, it was granted land of a dissolved monastery to the west of Dublin castle on the north side of the Liffey. By the late 18th Century, the older courts at Christchurch Lane had […]

Authority in Court The courts will not generally inquire into the authority of counsel to appear, where he purports to represent a party.  Where more than one counsel appears, appropriate inquiries will be made.  Entry into f a retainer does not give counsel authority.  In order to take steps, a brief must be delivered. Counsel […]

Background The Inns of Courts are ancient societies.  They appear, originally to have been associations of apprentices in 13th century England.  In the 14th century, apprentices commonly lived in certain inns or hostels near the City of London. The four principal four inns still remain namely, Lincoln’s Inns, Inner Temple, Middle Temple and Greys Inn. […]

Independence Barristers must not enter into a professional partnership or any other form of association to seek to practise the profession through a corporate entity.  They must not enter into any profession, partnership or relationship, including the sharing of briefs with another barrister. Barristers do not breach the Code of Conduct by sharing facilities, premises, […]

Basic Principles The Bar adopted a new Code of Conduct in  2014.  It sets out the rules and practices of the Bar together with rulings from time to time made by the Bar Council in relation to certain matters of conduct, etiquette and relationships with others. Barristers are obliged to uphold the integrity of the […]

Council The Bar Council of Ireland was established in 1897 and consists of 25 members.  Four are co-opted, 20 are elected.  The Head of the Council is the Attorney General.  20 elected members are elected by the members of the Law Library being effective members of the bar. The Bar Council of Ireland is primarily […]

Mandatory Insurance A solicitor must maintain professional indemnity insurance.  The insurance must comply with certain minimum terms and conditions.  There is a statutory minimum level of insurance cover per claim. A solicitor may obtain additional top-up insurance from another insurer (or the same insurer). The approved terms of insurance are set down by regulations made […]

Nature of Undertaking A solicitor’s undertaking is a promise by a solicitor or somebody on his behalf to or refrain from doing something.  It gives rise to personal liability for the solicitor.  It is enforceable as a disciplinary matter.  It subsists until released expressly or impliedly by its beneficiary. Undertakings are frequently given in property […]

Background The Legal Services Regulation Act followed almost directly from the terms of IMF/EU/ECB Memorandum of Understanding, November 2010. This is effectively the bailout agreement by which Ireland was granted access to funds by the troika after it was frozen out of the normal lending markets. There had been a decade of reports urging reform […]

Multiple Disciplinary Partnerships A professional code, particularly the solicitors or barristers codes, may not prevent legal practitioners from providing legal services as a partner or employee of a legal partnership. It may not operate to prevent a barrister from providing legal services in relation to a non-contentious matter, where he is instructed directly by a […]

Appointment of Senior Counsel The Authority shall establish an Advisory Committee on the grounds of Patents of Precedence at the Bar. A Patent in this context is a Patent of Precedence at the Bar which entitles a barrister to be called to the Inner Bar and use the title “Senior Counsel”. In relation to a […]

Basic Princiles Legal Costs Adjudicator shall apply the basic principle that the costs have been reasonably incurred, and that the costs are reasonable in amount. In determining whether costs are reasonable in amount, the Adjudicator is to consider the following: the complexity of the legal work; the difficulty and novelty of the issues involved; skill and […]

Court Order for Costs Where a person is ordered by a court, tribunal or other body to pay, in whole or in part, legal costs of another, the person whose legal costs are to be paid must furnish a bill of costs to the person who is the subject of the order to pay. This […]

Liability for Negligence For over 200 years, it was accepted that advocates, including in particular barristers, were immune from suit in respect of the conduct and management of cases in court. This is extended to pre-trial work which was intimately connected with the conduct of the case in court, that it can fairly be said […]

Overview Barristers usually specialise in advising on and bringing cases before the higher Courts.  Barristers will usually appear to represent clients in the High Court, Circuit Court and Supreme Court. Barristers frequently appear in the District Court.  However, most District Court cases will be pleaded and dealt with by solicitors. Barristers must operate as sole […]

Organisation The legal profession in Ireland consists of two distinct branches.  They have separate regulators, separate training and it is not possible to be a member of both branches at once. When the Legal Services Regulatory Authority commences, it will become the single regulator. The majority of lawyers are solicitors regulated by the Incorporated Law […]