One of the biggest challenges blocking access to justice is the high legal fees involved in civil litigation. In the recent case of Burke v Lawless, Mr Justice Max Barrett was to consider a claim for summary judgement from a solicitor’s firm for outstanding fees amounting to €176,433.65. The defendant, Ms Lawless had engaged the plaintiffs to deal with a legal suit regarding an auction for land. The case ultimately settled but in the process she accrued substantial legal costs.
Justice Barrett noted that the costs in question broke down as €120k solicitors’ fees, €40k for Senior Counsel and €24k for Junior Counsel. He commented that “these are enormous, though not at all untypical, fees that point to a continuing deficiency in our legal system whereby full and proper legal representation, at least in civil proceedings, is increasingly a boon that is properly affordable by the few who are rich, and a bane to be feared by the many who are not.”
Although the judge expressed sympathy for Ms Lawless’ situation, it was found that she did not have a legal defence to non-payment of the fees, as the solicitors had undertaken considerable work. Justice Barrett further questioned whether ‘special circumstances’ existed that would justify referring the bill to taxation, however it was held that there was not.
Despite being unable to rule in Ms Lawless’ favour, Justice Barrett recommended that there was “a need for a more general re-assessment of the appropriateness of the scale of legal fees that now seem so regularly to be charged for legal representation.” He also concluded with a caution to the public, providing a “further reminder of the need for so-called ‘ordinary’ people to be vigorously watchful of the costs that are incurred by them towards professional advisors in the course of legal proceedings.”
Click here to read the judgment.