Will the Citizen have access to the legal profession? Not if the Big Corporations have any say about it!

I qualified as a solicitor in 1980. I had no connections in law at all and if it wasn’t for the endeavours of my late father, I couldn’t have pursued my legal studies. He worked hard to provide me with an education and without him and the support of my mother, I’d never have succeeded.

For the previous couple of years or so before qualifying, I had been influenced by Inge Clissmann and Aedan McGovern, both barristers and now Senior Counsel. Inge had got me involved with FLAC, the Free Legal Advice Centres which was run by law students who represented in Court, members of the public who couldn’t afford access to justice. Inge introduced me to the Ballymun Centre located in the basement of Padraig Pearse Tower, long since demolished. There we mainly dealt with family law issues and quite simply, we were overrun with the work. Overrun and indeed overawed. It has left an indelible impression upon me to this day. With little or nothing, the parents we dealt with, raised their families in the most trying of circumstances. At the end of the night, after seeing all those needing help, Inge would insist we retired to the Towers Pub to have a drink, one drink, so as to encourage those we had met to see that we were no different from them and could empathise with them. She was all too aware that lawyers were thought of as elitist and she was doing her part in showing everyone that we were not. She also was teaching us students about our social responsibilities and would not tolerate any bullshit from us. She encouraged talk and discussion and left her mark on us. I subsequently took over as Director of FLAC in Ballymun some time later. They were hard times but certainly gave us law students a social conscience which remains with us to this day. All this happened before our Government were forced to bring in Civil Legal Aid. During my career I have had the pleasure to act for those who ‘couldn’t afford a lawyer’. Pro bono work as it is now referred to.

 

The other influence on my career was my late father. While he was one of the ‘bosses’ in British Railways he was a solid Trade Unionist. He was also a devoted Roman Catholic with a great social conscience. He worked hard to look after us but instilled in me an outlook where people came first. It’s probably because of his example, that at an early stage after qualifying,  I made a decision to not act for Banks or Insurance Companies because I could not identify with the Profit at the expense of People dictate. I found many of their dealings with people to be disgusting and abhorrent. To this day my attitude has not changed.

 

I was lucky enough to be practising when the Competition Authority actions enabled solicitors to advertise. I took out a full-page in Golden Pages, advertising my Personal Injury Law Firm as well as having regular adverts air on RTE Radio. My firm expanded and I must say, I was delighted with the pro-people stance we took. We were a plaintiff firm, never acting for the defendant Insurance Companies. We were attacking the anti-people establishment and winning. Many other firms followed suit and people were being represented on a no-win no-fee basis. What other way could people access the law? This continued, or should I say was allowed to continue for only a moment in time. The Law Society among other interested groups were unhappy and pressurised the Government into making changes. Subsequently PIAB was formed to be a ‘lawyer free zone’ and were mandated with looking after all the injury cases from now on. Thankfully after come Court cases it is no longer a ‘lawyer-free’ zone but the setting up of The ‘Injuries Board’ has depleted the work carried out by High Street Solicitors, whose clients were people, not corporations. At the same time, the Law Society tightened up their advertising regulations and I was personally instructed to not call Early & Baldwin a Personal Injury Law Firm as this was ‘encouraging’ claims. And we are to this day prohibited from advertising that personal injury law is what we do. All this was done by the State in the interests of injured people we were told. Do not believe a word of it. For once, the lawyers who acted for the working man and woman were bringing their cases to Court and accessing ‘Justice’ for them. The Insurance lobby is very powerful, not unlike the Banks. They have great influence over Government, unlike the citizen who has little or no influence.

 

Currently there is outrage regarding the amounts the Insurance Industry are charging for renewal of motor policies. Us lawyers are of course being blamed by the Industry but many commentators are challenging this assertion. Remember that cases were heard before Juries until Government was lobbied by the Insurers who said that people could not be trusted. Then we had cases heard by Judges alone. This continued until the Insurance Industry said that Judges were awarding too much. Judges were halted and the Injuries Board was put in place to replace them. Now it’s only possible for your case to be heard before a Judge, if you’ve rejected the award made by the Injuries Board. All this change has been lobbied for and achieved by the Insurance Industry for their own benefit, not for the citizen. In fact the changes in the law were designed to deny the citizen access to the law by taking the high street solicitor out of the equation. Meanwhile the Big Law Firms still represent the Insurance Industry is all their guises. All this ‘reform’ of the law should be taken with a grain of salt. What had been achieved by young enthusiastic lawyers in getting access to the law for the ordinary man and woman, has now in effect been severely curtailed. This is quite alarming, but maybe not surprising. With the Corporation Tax obscenities and the control of Government by the Bankers, this is the logical conclusion. In future, they would hope, that access to the law was not for the ordinary citizen but solely the preserve of Big Law for their corporate clientelle.

 

LegalEagleStar Friday , 23rd. September, 2016

 

 

 

 

I’ve an App for that …. Law without a Lawyer

 

A day doesn’t go by without us being bombarded by Apps. Sign up and get a free App for your iPhone. We have more Apps on our phones than we can use. Sure they may be handy at some stage in the future i.e. next week !

Over the past while, I’ve been horrified that many people, lawyers included, are saying ‘I’ve an App for that’… when discussing the law. Yes, I admit, some are educational but I am referring to those that are advocating that you can look after your own divorce, house sale or purchase and other such important matters which hugely impact on your life. Why go to College and study law; then spend time in a Law School to get your Practicing Certificate? Well according to these geniuses, no need at all. Sure save your money and use the App. They ask you why you are wasting money on these legal professionals when you can just use their App. Unfortunately, it would appear that many people are being taken in by this dangerous nonsense.

While I for one respect newly qualified lawyers, whether they be at the Bar or from the Law Society, they have their place in the overall legal framework. What most don’t have, is experience. That is only gained from many years of practice in their chosen fields. This experience is what comes into play when taking on a case for a client. The client deserves to go to law with experienced lawyers who have their interests solely at heart. Most spend many hours working up the case for their client and the full weight of their experience is called into play. Every client is unique. Their circumstances are not like any others. There may be similarities e.g. they have four children and have been married for twenty years. But that is where the similarity ends. To act as though two cases are the same would, in my opinion, equate to nothing short of professional negligence.

But I cannot afford thousands of pounds to employ a lawyer, or a team of lawyers as can be the case. Well, you cannot afford not to. How much did you spend on your wedding? That was a big event and a very important day for you. You spent what you could to celebrate in style. Yes, later you cut back on some items, but you didn’t do without what was important on the day. Well, your divorce costs should be thought of in similar terms. I am not suggesting you go to one of the Big Law Firms. They have access to the same Family Law Barristers as your local High Street Family Law Solicitor. Why people go to these firms is quite beyond me. In my experience,these firms are dealing with Corporate matters in the main and are not concerned with the day to day legal matters of the ordinary man and woman. They may take on your case if you’re doing your business with them or else if a relative of yours is. Your High Street Family Law Practitioner will give you a good personal service and instruct the appropriate barrister to get you through this difficult time.

I come across lay litigants a lot more today than I have in the past. While I respect the individual trying to do his own case, I do see the error of their ways. It is a nigh impossible task. To give credit where it is due, many Judges go out of their way to help such people. That alone will not help them get the justice which many deserve. So, when you download that magic App that will get you painlessly through your divorce or other pressing legal matter just remember… Law without a Lawyer is a fool’s paradise.

 

LegalEagleStar , Thursday , 7th. August , 2014 .

Be careful for what you wish for… Gaza, Ireland & death of our citizens.

This week we have seen Israel invade Gaza, not for the first time, with the slaughter of  its inhabitants. We’ve also seen the downing of a Malaysian Airlines Jet with the loss of life of those people on board. We’ve witnessed the ongoing dispute with Greyhound Bins who demand massive reductions to workers wages. We’ve also seen the few thugs in the Gardai manhandle citizens, as Vincent Browne likes to refer to us, outside the American Embassy and elsewhere. The sight of ill mannered thugs in police uniforms dragging a man on his head along the road, does nothing to enhance the image of a demoralised police force whose members I’ve found to be, by and large, good people putting their lives on the line to protect us all. We have seen more people dispossessed of their homes by the Banks as well as the horror of suicides devastating our people. Medical cards have been taken away from the sick and elderly and there is the ongoing battle against the privatisation of water and the ensuing water charges being imposed. Property taxes have been introduced by our Government although Enda Kenny, our beloved leader, has been against them in a previous existence.

From atrocities in Gaza to the IMF’s insistence on dumbing down the Health Services in Ireland as too much money was being spent, there is one common denominator. That is that it is people who are the target of all of these measures. Not Giant Corporations or the Banking Community. The Arms Trade is blooming. Maybe pension schemes should invest in this business as it seems to that giant corporations are where your money should be. Definitely not in anything that remotely resembles local business or indeed supporting the citizen and the local economy.

We live in a time when people are being controlled and relabeled not as citizens, but as consumers. The country is not being run to benefit the citizen but to enhance the profits of Big Business in all its guises. When you dehumanize citizens, it is quite acceptable, in their minds, that they can be collateral damage. Sure what if a few thousand are killed or unemployed, or just left to die at the side of the road? Profits are what matters. Businesses that profit the Elites are given tax incentives to come and set up businesses in Ireland today. Our priorities are to enrich these Elites at the expense of the citizen. At the same time services for the citizen are being curtailed while more taxes are being thought up by our Government every other day of the week.

There is more ways than bombing people out of existence, as is happening in Gaza, to control people. The loss of your job, home, medical benefits, social welfare entitlements and the imposition of unjustified taxes on people at the behest of the IMF and their fellow travellers, is indeed akin to actually bombing them out of existence. In Ireland today, people are suffering and dying while others enrich their lifestyles. Our Government have taken directions from the European Union, the International Monetary Fund and the International Banking fraternity and imposed their directives on the Irish people. These imposed changes are killing our people. Despite the efforts of our marvellous doctors and nurses, people are dying on trolleys in overcrowded hospitals. It is the most vulnerable in our society who are suffering the most but this does not change anything. As a lawyer, I see the high street solicitor and the junior barristers suffering on a daily basis and struggle to survive. These are the lawyers who represent you, the people. I do not see the lawyers servicing the interests of the Corporate set suffer at all. In fact they thrive as they are paid handsomely by Big Business and Governments and International Bankers. The rights of workers are being eroded on a daily basis and these short-term contracts in lieu of proper terms of employment are giving our people no security to enjoy their lives and raise their families with any degree of certainty for the future.

If  history have thought us anything, it’s that war follows on from a recession. With all the political manoeuvring by the super powers, financed by the Elites and the insistence on control of oil and natural resources to call their own regardless of where located, the future does look bleak for the ordinary man, woman and child.  Not so bleak for the Big Corporations who are hungry in their pursuit of financial gain, both short and long-term. Our Government have played and indeed continue to play their part as the good boys of Europe and have not ever taken a stance for the citizens of this country. The continued imposition of austerity, despite the suffering of the Irish people is akin to the imposition of fascism on the nation. No doubt our Ministers, on the instructions of the Government, will follow the party line, so to speak, and give support to those Elites that demand the continuing demoralising of the Irish people for some time to come, while lending our support to whatever super power we’re to be aligned with, regardless of the cost to the Irish people.

We are told we live in a democracy. On a daily basis we see wars fought to bring democracy to people all over the world. Democracy I was taught, was Government by the people for the people. Well the democracy we’re witnessing throughout the world would appear to be fully under the control of Major Corporations whose interest is far from anything that is pro people. Be careful for what you wish for.

 

LegalEagleStar , Monday , 21st. July , 2014.

Nourish our Youth. Don’t punish them for your own selfish needs.

English: Bicycle at Inner Temple The sign says “do not lock bicycles to these railings”. But this is part of the Inner Temple, one of the four Inns of Court to which all barristers belong. So I am sure that the barrister to whom this bike belongs would be able to make a very convincing legal case as to why the sign does not say what it says! (Photo credit: Wikipedia)

For Lawyers involved in litigation, the 1st. July registers in our minds, as it indicates that the end of the legal term is nigh. The Long Vacation beckons. Litigation lawyers traditionally take the months of August and September off and head off on their holidays. Not so much those involved in Conveyancing and Probate whose vacation can be determined by other factors. For Junior Cert and Leaving Cert students, July is a time when they go on holidays to clear their brains of all the cramming they have undergone in the long months before their exams and the time before they get those dreaded results. What will the future hold for them? Will they get the points needed to launch them into College to undergo that course or degree which will enable them fulfill their dreams?

For others the vacation is over for another year. It’s time to head back to work. In particular July signals the Pre-Season for professional footballers. Some returning to their clubs with whom they are under contract, while others are going on trial for a few weeks to seek out a new club. Others are free agents seeking the next challenge. These players are mostly all good. Their careers are to be determined by the Coaches and Managers they seek to impress. Agents are working night and day to place their players into the right clubs and match them up with teams that they feel will give them the best opportunity to advance in their careers.

Lawyers, in particular the young barristers are a bit apprehensive to say the least. with the antics of Alan Shatter, the Minister for Justice. These barristers have qualified after long hours in School. Doing their Junior, then Leaving Certs. Got the points required to study law to get them into the Kings Inns where they worked their socks off to qualify for a career in which few can afford to stay long enough to be successful. Now, at the whim of the said Minister, these young  barristers do not know what the future holds for them. The animosity of the Minister for Justice to their profession is what puts their futures in jeopardy. Not an attempt at reform of the Bar but the denigration of same at the hands of  the aforesaid Minister whose personal vendetta against them is nothing short of  disgraceful.

Whether you’re a secondary school student, a footballer or indeed a young barrister, it is sad that your future can be in the hands of those whose agenda is not honest but fueled by their own ideas of where they want to go regardless of the rights and wrongs they inflict. Let the young people progress in life. Nurture them and let them succeed in their goals. Don’t hold them back just to pursue your own selfish agenda.

LegalEagleStar , Sunday , 1st. July , 2012 .

Shatter’s Legal Services Bill spells doom for the young Junior Bar and protects the Elites to the detriment of the Citizen.

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I have spent some time investigating the effects of the proposed changes in legislation by Minister Shatter and discussed same with several members of the Irish Bar. It was only after speaking with a young junior barrister that I realised the full impact of what will in fact take place. The article that follows has been written by a young female barrister and gives an insider’s view of what the reality of the changes will mean in practice. It is clear to me that Alan Shatter certainly did not have the interests of the Irish Citizen at heart when he set about drafting his proposed reforms. While those that know me are well aware on my views on the Troika and their suspicious agenda, I feel that the implementation of the proposed reforms will undermine the practice of law in this country to the detriment of the citizen and should be opposed by all right thinking citizens before it is too late. Beware of the Elites and their hunger for power and control of the citizen. Don’t say you haven’t been warned !

The Legal Services Regulation Bill[1]

The Irish legal profession has always relied on the essential requirement of being a completely independent profession, the new Legal Services Bill completely undermines that notion. Indeed it would seem that it is Minister Shatter’s personal agenda which is at the core of this new bill. An agenda which undermines the core of the Irish Bar; independence. The Bill comes about as a requirement under the EU/IMF bailout and is said to be a necessity in the profession. While it is acceded that some reform in the area of legal services is both needed and welcomed, both by the Bar Council and indeed the Law Society, the Bill in its proposed form goes far beyond the proposals presented both by the Legal Costs Working Group and the Competition Authority as well as going completely beyond and even against international principles in regulating the legal profession.

The public are being wrongly informed that this Bill will reduce costs for the consumer when in fact, the opposite will occur. The ‘independent referral bar’ is an equal opportunity workplace, based in the law library where barristers are sole traders. If the idea of barristers forming partnerships with other barristers, solicitors, tax accountants etc come into place, the independent referral bar will be lost forever. As a Barrister in the early years of practice, the idea of barristers going into such partnerships is a frightening proposition. Many colleagues with years of experience and established practices will have people lining up to form partnerships with them but many young practitioners wont have such luck. Such partnerships would likely divide the legal profession even more in that the big firms would go into partnership with several established, highly ranked and busy practitioners and create a sort of monopoly, not dissimilar to the US financial sector, and look what happened there. Smaller firms would find themselves in significant difficulty trying to complete with such large firms and while the bar in its current form is accessible to all, the proposals make access to barristers and access therefore to justice more restricted.

The proposed changes would create a barrier for those people who wish to join the profession and indeed those younger practitioners wishing to stay and establish themselves within the profession. The UK have a system known as chambers. In the English Bar Council’s 2006 Report, only 17.5% of people graduating from the Bar would obtain a place in chambers. This stage is known as pupilage (similar to what is referred to as ‘deviling’ in this jurisdiction) so this system, if brought about here, would restrict access to the profession even further. It is difficult in the current economic climate to establish yourself as a self-employed person in any area of work, not least the bar. However, the current system, while it is competitive and challenging, what it provides is an equal opportunity for every person who has qualified, a chance to make it in the profession.

A chambers type system, like that which exists in the UK, would see several partnerships consisting of a select few barristers and which would in return be linked to the large firms and therefore increase costs rather than reduce them. Young barristers frequently take on cases on a pro bona basis for several reasons, experience, interest of justice etc but also to establish relationships with solicitors, an obvious essential in creating a practice and living for yourself at the bar. A young barrister, if lucky enough to even get in a chambers or partnership, would not be able to take on such work without the approval of a higher power. This cannot be said to increase access to justice and reduce costs. The barrister is restricted in taking on the work and the consumer cannot then afford to take the case.

While I see these changes from a young practitioners point of view, these partnerships would also cause serious problems for the consumer and access to justice from their point of view. Should they not be able to afford the sometimes inordinate fees which these larger firms charge, they in effect, cannot have access to some of the more established barristers or barristers who have an expertise in a certain area, as they will be in these partnerships. In the current system, whether you go to a large or small firm, if you request a particular barrister for whatever particular reason known to yourself, if they hold themselves out as an expert in a certain area, they must take on your case[2].

The Bill brings about new levies for practitioners, another cost which will impact the small firms and young barristers. The new structure will bring about a situation where barristers liability insurance will be more specific as opposed to general as it is in its current form. As a young barrister, you take work where you can get it and you pay a general insurance amount which covers all areas. The new proposals could change that and your premium could go up depending on your areas of practice and therefore you would have to turn down work, which could be a new area and therefore a new opportunity for you, because you haven’t got insurance to cover you in that specific area. No young barrister would ever or should ever have to turn down work.

A huge issue for the profession in general is that it will effectively be governed entirely by the Government or, more specific, the Minister for Justice, therefore removing the word independent from every area of the legal profession. The proposed Legal Services Regulatory Authority (LSRA) would be the regulatory body which would contain eleven members, seven of which would be entirely Government appointed. Only four from the Bar Council and Law Society. Practitioners would pay for this and the Government would run it. The LSRA would and must refer to the Minister at almost every point or hurdle.

The ‘separation of powers’ which is at the core of the Irish Constitution is in serious jeopardy. Justice must not just be done, but be seen to be done. The former Chief Justice Ronan Keane recently stated that regulators of the legal profession must not only be seen to be independent but be truly independent in every aspect, the Legal Services Regulation Bill completely “Shatters” that notion.

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[1] Reference is made to the Article “The Legal Services Regulation Bill”, Shelley Horan BL. The Bar Review, Volume 17, Issue 1, February 2012.

[2] This is known as the ‘cab-rank rule’

LegalEagleStar , Friday , 16th. March , 2012.

Divorce in Ireland today in this Economic Downturn

Image by DrJohnBullas via Flickr

When a marriage breaks down or a long-term relationship ends, it’s a tough time for everyone involved. It’s not just the couple themselves who experience the hurt and/or anger of the separation but also any children that either, or both of them may have, their immediate families and also close friends.  Of course, when a couple separates, it is not as simple as it once was. Today with the economic downturn the money is simply not available to effect a proper separation. People  didn’t need to worry about joint bank accounts and mortgages in the past.  When a relationship breaks down everything needs to be regulated. What were possibly at one time, simple everyday matters, have now to go through the long process of being sorted. Parties need to agree, or have a Court decide, custody and access of any dependent children; deciding where the children primarily live and what days and times the other parent may see their children; child and possible spousal maintenance; what will happen to the family home and any other possible houses or assets, pension entitlements, car/s etc. While an amicable breakup is desirable, it is not always possible and in many cases either one or both parties will look for the kitchen sink from the other. In  previous years, which at this time, seem somewhat of a blur, parties separated and huge settlements and significant maintenance were awarded. Cases were fighting for dates to be heard in the High Court. Nowadays, the High Court lists are quite slim with the majority of cases being heard in the Circuit Court.

There are now huge difficulties for lawyers trying to negotiate settlements even where an agreement is reached between the parties. To use by way of example, the following scenario. Say there is a family home and an investment property, and the agreement reached is that one party remains in the family home with the children, while the other party is to live in the investment property. It is agreed that each will be the sole owner of the respective properties and be responsible for that property’s mortgage while allowing the other party off  the mortgage. The Court rules the settlement, but then the Banks will not allow either party off either mortgage. This, even where the parties indemnify each other to the best of their abilities and with the best of intentions. Where one party later defaults, the Bank can still go after both parties and the settlement reached can effectively become worthless.

So, what do people need in a good family lawyer?  Some individuals falsely believe, that by going to one of the Big Named Law Firms, they are getting the best Solicitors and Barristers in the business. In the current economic climate, I believe that some firms continue to charge inordinate fees, when people are struggling to maintain one household, let alone two, which is the effect post separation. I believe this is unjust. While some cases involve more working hours than others and fees vary in this regard, I do not believe people should be paying more for one solicitor than another largely due to the name that appears on the headed paper. Unlike Solicitors, Barristers are a completely independent body and again, while some cases involve more time and paperwork than others, Barrister’s fees will, in most part, be the exact same whether acting for a Big Firm or a Small Practice. Many successful Family Law Barristers, contrary to common belief, act for everyone from the Legal Aid Board, to the local one man solicitor who employs two people, right up to the big firms who employ several hundred. In the times that we live in, it’s also important to remember, that while you do not want to be ‘ripped off ‘  and would like value for money, equally you must be aware of these so-called ‘quickie divorces’ where you think you are getting a bargain and the fees are very low. Later down the line however, you may find yourself in difficulty where transactions haven’t been completed or haven’t in fact been done correctly. In deciding what Solicitor to engage, you must think about yourself and what your needs are.  Some Solicitors and Barristers in the family law field have an aggressive approach, while others have a nurturing view. And then others, just effectively, say it as it is. Personally, I believe a down to earth, friendly, straight forward approach is ideal. I also believe that a party going through a separation has enough physical and mental strain going on in their lives, that an aggressive legal team can sometimes make matters worse and the hopes of a settlement between the parties becomes more difficult. While your legal team does not necessarily need to be your friend, you do need to be comfortable with them and be able to speak openly  in order for them to best meet your needs.

What are you paying for?  You may see your bill at the end of a case and wonder how this figure appeared? Initially, a Solicitor will take your  instructions, explain the different options open to you and then write to the other party involved, informing them of your intention to separate and regulate matters between you. If you agree on a Separation Agreement, the Solicitor will draft this up and you will not need a barrister, nor will you attend Court. A Separation Agreement is in effect, a contract between the two parties and any breach thereof is a breach of contract. If the parties agree to a Judicial Separation or Divorce, in many cases a solicitor will brief a Junior Counsel (barrister) and, in some cases, a Senior Counsel also. The Barrister’s role is to draft the appropriate Court documents and deal with any Court appearances which, in some cases may just be one on the day of the hearing or, in other cases, where interim orders are required and/or where the other party is reluctant to participate in the case. In the latter scenario, Orders to compel them to do so, or have Orders made in their absence may be required.

Unfortunately, relationships will break down in good times and bad. Today we are in unprecedented times and the legal profession must respond to the needs of their clients in a way that reflects the true values in our society. Those values have unfortunately been decimated by the few in our profession who represent the vested interests of those who control our society. It’s time that the legal profession asserted itself in the interests of all who serve the interests of the citizen and lead the demands for true reform and oppose the obscene vested interest groups who seek the ruination of our society and the downgrading of the rights of our Citizens. Elsewhere in the world today, it is the legal profession who are at the forefront of reform in the interests of the citizen and who suffer in such a cause. In Ireland  it should be no different. The politicians today are looking after the interests of the IMF/EU and the Banks, so there is a clear conflict of interests with the concerns of the Citizen.

Those who are unfortunate enough to suffer relationship breakdown in these troubled times deserve to be represented by us in the legal profession, having regard to the considerable strains that people are now enduring. Yes, the strain on relationships is now far greater in such troubled times. There are those that pull together in times like these but bad relationships will certainly not survive the additional stress they must endure today.

LegalEagleStar , Thursday , 30th. June , 2011

My Blog tomorrow deals with Divorce in Ireland today in this Economic Downturn

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Today in Ireland, unlike in prior times, the unfortunate person faced with Family Law Breakdown is facing  a dilemma. Irish Banks and Building Society’s are refusing to rearrange mortgages and in so doing are frustrating the terms of many a Divorce. Also, what lawyer should you instruct? Do you pay high fees to Big Name Firms? Are they worth it or are they ripping you off? What is the Barrister’s role in the process and how do I get the best to act for me?

In tomorrow’s Blog I will give my views on Divorce in Ireland today and shed some light on the whole legal drama.

Help ! My Daughter’s a Lawyer.

Image via Wikipedia

The legal profession has come under scrutiny again since the arrival of the IMF on our door step. Reform of the profession is on the Agenda and nearly all of the public feel, well about time. These lawyers are ripping us off and charge enormous fees that’s what they do. Reform is like a stick to beat the lawyers with and very few disagree. It’s like, well they are responsible for all the trouble we’re in, aren’t they?

Today the legal profession is made up of your sons and daughters who have studied hard, gone to College and then entered Law School either in The Law Society for solicitors or The King’s Inns for barristers. Most qualify in their mid 20’s seeking employment. Those who pursue a career at the Bar will spend, say two years ‘deviling’ and with the help of You, their parents, will spend at least another five or six years attempting to establish themselves at the Bar. So by the time they are 30 or so, they may start to make a living. Most do not and must seek employment elsewhere. As for a Solicitor, you must spend a number of years as an apprentice and pay very high fees to the Law Society during your training. Unlike when I was apprenticed, you now can ‘get paid’ during your apprenticeship by your Solicitor. These payments are more like pocket-money and go no way to enabling you to pay your way through your ‘time’. I’m told it’s about Euro 200 a week but not all get paid this. So, many work for nothing as otherwise, needing an apprenticeship, they could not commence their studies at The Law Society. So, after all the expense and time spent at study, the young solicitor needs to seek out employment. Today there are more lawyers seeking employment than at any time in the past. Remember that they could not have qualified as either solicitors or barristers without your help. They are remember, your sons and daughters.

In another era, the law was not a career you could pursue without family connections or else come from a wealthy background and usually have political connections. They were in effect ‘closed’ professions. There was as a result more work for fewer people. If you could work hard for a few years you were guaranteed a good living and for life. Conveyancing fees were 1% plus £100. Think about it. The £100 that is. By dealing with maybe three or four sales you could pay your overheads including rent, staff, expenses, taxes etc. for a full year. Those times are now gone except of course, for the select few. Today the fees from three or four sales would hardly cover one weeks overheads. The more the professions opened up the less lucrative they’ve become. This is not a bad thing in itself but goes some way to show how times have changed. I am not attempting to justify the enormous fees charged by some law firms. But these are indeed the exception.

There is a clear division within the legal profession today. Between those who act for the State, Banks, Insurance companies and such like and then ‘the rest’ of us. If economists and other commentators and I include David McWilliams ( a man I have great respect for ) among those who criticise the lawyers, then they should not tar all with the same brush. Don’t direct your criticism at the average lawyer as to do so is to do a great injustice to those in the legal profession who spend their lives working for ‘the man in the street’. These lawyers represent you on a daily basis and fight to protect you from the abuses of the State and Society. Without them we have no chance to fight to protect the rights of those in society who are most vulnerable. Today those people are You. You have worked hard to provide your family with a home. That home is now under threat from the Banks and their allies in politics and elsewhere. You will be faced down by these Banks and they will employ, yes at great expense, the services of professionals, including lawyers and accountants . How are you to fight for your rights if not by employing the services of your local family solicitor or other lawyers who have in effect your life in their hands? Yes we need reform of the legal system and those of us on the coal front have been screaming for same for years. But we must get a level playing field where your sons and daughters can practise for the benefit of you, the working public and not an elitist minority.

Do not bundle all lawyers into the same group Mr McWilliams. Tribunal Lawyers and the fees they received are not the norm. Lawyers in general have the good of society at heart and spend their lives promoting justice and equality and the rights of the less well off than anyone else. Don’t let those that want to do away with your rights succeed in furthering the notion of  ‘a lawyer free zone’. You are the one that will suffer most not those who run the Banks and Large Corporations who will never be short of ‘legal advice’ to pursue their ill-gotten gains.

Next week I will deal with the cosy relationship between the State and the Insurance Industry and how Your Rights have been severely curtailed to increase the wealth of the ‘privileged classes’.

 

LegalEagleStar , Wednesday 6th. April , 2011