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Category: Legal Services Regulation

The impact of the IMF on Irish legal education – Updated

30 November, 201023 June, 2011
| 6 Comments
| Competition Law, Irish Law, Legal Education, Legal Services Regulation

IMF logo, via the IMF wesbiteI never thought I’d see the day when I’d put both the International Monetary Fund (IMF) and Irish legal education together in the title of a blogpost. But there it is, above. And this is because the summary of the the Joint EU-IMF Programme for Ireland on the Department of the Taoiseach website suggests that there will be consequences for legal education:

Competition

Removal of restrictions to competition in sheltered sectors including:

Legal profession:

– establish an independent regulator;

– implement the recommendations of the Legal Costs Working Group and outstanding Competition Authority recommendations. …

The enhancement of competition and the reduction of regulation in sheltered sectors is a standard IMF prescription, so this recommendation comes as little surprise. As for its details, the Legal Costs Working Group was established in 2004 and asked to look at the way in which legal costs are determined and assessed, and it reported in 2005 (pdf). In December 2006, as part of a series of reports on regulated professions, the Competition Authority published a Report on the Legal Professions which determined that the legal profession was in need of substantial reform. …

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Complaints against lawyers

25 March, 200813 December, 2010
| 2 Comments
| Irish Law, Irish Society, Legal Services Regulation

Department of Justice building, via their siteThe Office of the Legal Services Ombudsman for England and Wales and the Office of the Scottish Legal Services Ombudsman were established in 1990. There are plans afoot for their reform (Scotland | England & Wales) but the basic principle of independent oversight of disciplinary matters for the legal professions will not only remain intact but be enhanced. Now, it seems that Irish law is soon to adopt this principle too. Carol Coulter has an interesting article about recent developments in this regrad in today’s Irish Times (sub req’d); some extracts:

Ombudsman will oversee complaints against lawyers

A Legal Services Ombudsman who will be appointed by the Government for up to six years will have oversight of the disciplining of solicitors and barristers, and of their recruitment and training. The ombudsman will be appointed under the Legal Services Ombudsman Bill, expected to be published next week.

The Bill was originally part of the Civil Law (Miscellaneous Provisions) Bill 2006 [2006 press release], but was taken out of this Bill for further development in the wake of controversy concerning solicitors Michael Lynn and Thomas Byrne. Under it, members of the public will be able to appeal to the ombudsman if they are dissatisfied with the outcome of complaints to the disciplinary bodies of the Law Society or Bar Council.

…

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