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Submission by the Council of the Bar of Ireland to the Legal SUBMISSION TO THE LEGAL SERVICES REGULATORY AUTHORITY ON THE ADMISSION POLICIES OF THE LEGAL PROFESSIONS AS REQUIRED BY SECTION 33 OF THE LEGAL SERVICES REGULATION ACT 2015 February 2021 1. INTRODUCTION The Council of The Bar of Ireland is the accredited representative body of the independent referral Bar in Ireland, which consists of members of the Law Library and has a current membership of approximately 2,150 practising barristers. The Bar of Ireland is long established, and its members have acquired a reputation amongst solicitors, clients and members of the public at large as providing representation and advices of the highest professional standards. The principles that barristers are independent, owe an overriding duty to the proper administration of justice and that the interests of their clients are defended fearlessly in accordance with ethical duties are at the heart of the independent referral bar. The Council has prepared these submissions at the request of the Legal Services Regulatory Authority who are in the process of preparing a second annual report for the Minister on the admission policies of the legal professions in accordance with section 33(1) of the Legal Services Regulation Act 2015. The submission follows the format of the information sought by the Legal Services Regulatory Authority as set out in their correspondence of 16th December 2020: • Specific data requested by the LSRA • Demand for barrister services • Costs of legal services in 2020 • The standard of education and training for persons admitted to practise • The impact of the Covid19 pandemic of 2020 and Brexit 2 2. SPECIFIC DATA REQUESTED BY THE LSRA 2.1 The number of barristers who joined the Law Library and commenced “devilling” in 2020. A total of 76 new members joined the Law Library in October 2020. Of that 76, 7 were applicants from another jurisdiction who were not required to undergo a period of ‘devilling’. 69 new members commenced a period of ‘devilling’ in October 2020. 2.2 A statistical breakdown based on demographic and diversity criteria of the barristers who joined the Law Library and commenced devilling in 2020 (e.g. age, gender, location). AGE RANGE 0F 69 WHO 20 - 30 31 – 40 41 – 50 51+ COMMENCED DEVILLING 45 6 6 12 IN 2020 GENDER OF 69 WHO MALE FEMALE COMMENCED DEVILLING 44 25 IN 2020 LOCATION OF 69 WHO All pupils must be available to pupil/devil in Dublin. Based on COMMENCED DEVILLING the information sought at application stage, 62% provided a IN 2020 home address indicating that they resided in Dublin with the remainder providing a home address outside of Dublin1. 2.3 The number of barristers who registered with the Bar of Ireland and were issued with a qualifying certificate for 2020 under the European Communities (Lawyers' Establishment) Regulations 2003 and the European Communities (Lawyers' Establishment) (Amendment) Regulation 2004. Two 2.4 The number of barristers who ceased membership of the Law Library in 2020 and a breakdown of the grounds for leaving. During the legal year 2019/2020 (October 2019 – September 2020) 122 members ceased membership of the Law Library. A breakdown of the reasons for leaving is set out in the following table: 1 It should be noted that this information is based on the provision of a home address for the purpose of an application form for membership of the Law Library and a caution is urged in relying on this information for any other purposes. 3 Deceased 5 Excluded Arrears 5 Excluded PII 1 Judge 10 Retired 11 Transfer to solicitor 2 Personal 7 Work Elsewhere 22 No reason given 22 Ceased after a period of Leave 37 2.5 The number of barristers whose Law Library membership fees were reduced in 2020 due to the impact of the Covid-19 pandemic. At the onset of the Covid-19 pandemic, in March 2020, The Bar of Ireland was inundated with members contacting the organisation expressing concern about their ability to pay their membership subscriptions arising from the decisions of the Judiciary and the Courts Service to radically cut back on all Court business necessitated by public health considerations and the need to comply with Government policy and HSE advice. In recognition of the fact that members’ ability to earn a living was severely curtailed over the weeks and months at the early stages of the crisis together with the fact that members could not avail of the full range of services normally available to them as part of their annual membership subscription because of the COVID-19 pandemic, the Council took a decision to apply a credit of 25% to the annual membership subscription on all member accounts for the legal year 2019/2020. A total of 1,978 members had a 25% credit applied to their membership subscription in May 2020. There was also a facility for members to opt out of this credit, if they so wished, and a total of 172 members indicated that they did not wish to avail of the credit provided. Throughout the legal year 2020/2021, further restrictions and lockdowns have been imposed that have again caused a reduction in the level of Court business that can proceed. In January 2021, the Council took a decision to apply a further credit to the annual membership subscriptions of all members accounts for the legal year 2020/2021. A credit equating to an approximate 33% subscriptions reduction over the Hilary and Easter terms in 2021 is currently underway in recognition of the negative impact the curtailment of the courts is having upon members’ financial wellbeing. 2.6 Details of arrangements to assist trainee barristers to identify “masters” with whom to serve their pupillages, including the number of masters available in 2020. There were 238 Masters listed on the Law Library Master list in 2020. To assist with selection 4 of a Master, the following information is provided to prospective applicants: • Name • Master Status (indicating if they are available or unavailable) • An overview of the Masters’ Practice Area • An indication if they practice on Circuit • Whether or not they pay the first year Membership Subscription Fee • Whether or not they pay the Entry Fee • Whether or not they pay the second year Membership Subscription Fee • Whether or not they provide any alternative financial support 2.7 Details of fees for Law Library membership in 2020. The annual membership subscription fees for membership of the Law Library in the legal year 2020/2021 are set out in Appendix 1 and should be read in conjunction with the ‘Rules of Membership of the Law Library2’. A summary overview of the services and benefits available for members of the Law Library is also provided in Appendix 2. This summary assists in providing the context of the membership subscription rates and the value for money offered through membership of the Law Library. Membership subscription rates are structured in a manner that ensure that the most junior within the profession pay the least amount for the services that are available for all members. The tiered subscription rate recognises the challenges for junior members to establish their practice and earn income. Allowance is also made for members who practice primarily on Circuit and who reside at least 150km from the Four Courts which recognises that those members do not have daily access to the full on site services available, although with technological advances enabling the provision of on-line services in recent years, this is changing. 2.8 The number of Denham Fellowships awarded in 2020 and details of this scheme and any other diversity initiatives. Promoting Diversity at the Bar While there are a number of programmes operating across universities and Higher Education Institutions which support access to third level education in Ireland by individuals from socio- economically disadvantaged backgrounds, concerns remain that on graduating with a law degree, some individuals may experience further obstacles and barriers when it comes to accessing professional practice as a barrister or a solicitor. A lack of financial means is often 2 https://www.lawlibrary.ie/media/lawlibrary/media/About%20Us/Rules-of-Membership-Oct-2020.pdf. 5 cited as one of the main barriers to entry to the legal profession. As the representative body for barristers in Ireland, The Bar of Ireland acknowledges that it has an important part to play in encouraging more diversity at the Bar and has introduced, in recent years, initiatives which seek to bridge the gap, where it exists, between higher education and access to professional practice. The Equality & Resilience Committee is in the process of developing an “Equality Action Plan” which aims to understand and address the challenges faced by underrepresented, disadvantaged and minority groups in accessing and pursuing a career at the Bar, and to implement meaningful supports and resources where possible to enhance access and retention. The Denham Fellowship In 2017, The Bar of Ireland, in association with The Honorable Society of King’s Inns, launched The Denham Fellowship. The Denham Fellowship, named after The Hon. Mrs. Justice Susan Denham, former Chief Justice, assists two aspiring barristers annually who come from socio- economically disadvantaged backgrounds to gain access to professional legal education at the King’s Inns and professional practice at the Law Library. The Fellowship is open to law graduates who accessed a higher education institution for the first time through an access programme as a school leaver or a mature years’ student due to socio-economic disadvantage, or graduates of the Diploma in Legal Studies at The King's Inns who come from a socio- economically disadvantaged background. Recipients of the Fellowship, known as Denham Fellows (of which there are currently seven) are provided with financial, educational and professional support from point of entry to the Barrister-at-Law degree programme at the King’s Inns all the way through their first four years of practice at the Law Library culminating in a five-year programme and ultimately in what is going to be a successful and rewarding career at the Bar.
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