On 30th December 2015, the President of Ireland signed the Legal Services Regulation Act 2015 into law.
When it comes into operation by means of a Ministerial Order, the new law will fundamentally reform the manner in which barristers and solicitors are regulated in Ireland. While the split between barristers (advocates) and solicitors (attorneys) will still be maintained and recognised, both professions will be regulated by a new independent statutory body called the Legal Services Regulation Authority. Previously, barristers and solicitors were respectively regulated by their own professional bodies, the Bar Council of Ireland and the Law Society (in compliance with Solicitor Acts 1954 to 2002).
Barristers and solicitors regulated by the Legal Services Regulation Authority will be known as ‘Legal Practitioners’. Only persons who are or formerly were practising barristers or solicitors will be deemed to be ‘Legal Practitioners’. All legal practitioners will be required to maintain professional indemnity insurance and can be inspected by the new Authority.
Under the new law, there will be an independent complaints regime and one disciplinary tribunal for both barristers and solicitors. Legal costs will also be regulated by a new office of Legal Costs Adjudicator, which will replace the Taxing Masters Office.
The new Act will also, after public consultation, allow for the creation of Legal Liability Partnerships similar to those which exist in the United Kingdom. The Act also provides for the creation of Multi-Disciplinary Practices, but only following formal research and public consultation.
While solicitors were statutorily regulated under the Solicitors Acts, 1954 to 2002, there was no statutory regulation of barristers. Their code and conduct was governed by the Bar Council of Ireland under its Code of Conduct. The new law now changes this.
Significantly, a practising barrister will be deemed to be any person who has qualified with the degree of Barrister-at-Law (currently only granted by the Honorable Society of King’s Inns) or has been called to the Bar of Ireland. A practising barrister must be entered on the Roll of Practising Barristers in order to provide legal services.
Effectively, the old distinction between those barristers who practised before the courts (practising) and those who did not (non-practising) will no longer have any meaning under the new law. The Act does however make it clear that an unqualified person or a barrister not on the rolls of practising barrister or solicitors is prohibited from providing legal services as a ‘practising barrister’ and indeed would commit a criminal offence if they provided legal services under the terms, ‘barrister’, ‘barrister-at-law’ or ‘counsel’ or held themselves out as such. The same prohibitions already existed with regard to solicitors.
A registered lawyer from another European Union Member State which has the same right of audience as a practising barrister or solicitor in Ireland will also be deemed to be a qualified barrister under the new law and be governed by the Legal Services Regulation Authority insofar as they provide legal services in Ireland.
As far as employed barristers are concerned, those who are on the Roll of Practising Barristers will be entitled to act for and appear on behalf of their employer before any court, tribunal or forum.
Notably, the new law does not regulate Patent and Trade Mark Attorneys who already have the statutory right to act on behalf of others in matters or procedures relating to the registration of a Patent, Design or Trade Mark. Both professions are statutorily regulated by the Controller of Patents, Designs and Trade Marks.
It is anticipated that the Minister for Justice and Equality will not delay in bringing the new Act into operation. However, it is likely that it will be some months before the Legal Services Regulation Authority and Legal Costs Adjudicator will be up and running.