Irish Justice Minister circulates final amendments to Legal Services Regulation Bill

The Minister for Justice and Equality, Alan Shatter, has circulated the Government’s amendments to certain parts of the Legal Services Regulation Bill. The amendments to Parts 7, 8 and 9 will be discussed when the Bill resumes Committee Stage on 12 February.

The Minister’s press release says:

·         Part 7 concerns the regulation of new alternative business structures along with new partnership options for solicitors and barristers. These structures will include multi-disciplinary practices or "one-stop-shops" where lawyers can provides services with other providers such as accountants. These provisions “build on the relevant working experiences of other jurisdictions such as Australia and the UK and on advices from the Attorney General regarding the regulation, monitoring and operation of such entities”.

·         Part 8 concerns the maintenance of the Roll of Practising Barristers. This part will make the new Legal Services Regulatory Authority responsible for maintaining the “roll of practising barristers”.  This is “a policy decision based on the fact that the Bar Council does not wish to be held responsible for maintaining a roll and, consequently, collecting a levy payment from those barristers who, due to the changes being brought in by this Bill, will be permitted to practise as barristers without being members of the Law Library”.

·         Part 9 relate to the transparency, disclosure and other requirements of the new legal costs regime, respectively. The aim of Part 9 of the Bill is to make clients better informed about the costs of their legal transactions and keep them up to date on any developments that could increase their costs. This part of the draft Bill also includes a definition of the term “disbursement”. This part also strengthens a legal practitioner’s obligation to resolve costs disputes before applying for a legal costs adjudication.

Bulletin readers may recall Free Legal Advice Centres Ltd’s (FLAC) February 2012 submission on the Legal Services Regulation Bill. This submission included a recommendation that the new legislation allow judges to grant protective costs orders  in suitable public interest law cases. Click here to read FLAC’s submission.

Click here to read Minister Shatter’s press release in full.

 

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