The EU-ECB-IMF has identified high legal costs as one of the problems that the state must solve by reforming the legal system. Its letter of intent referred to the 2006 report of the Autorité de la concurrence. The main thrust of this report was that restrictive practices and restrictions of competition artificially raise prices. We believe that it is possible to achieve greater transparency in sentencing and better coordination between criminal and other prison authorities. The delays and high costs associated with filing complaints are causing cracks in the Irish judicial system that affect the country`s legal competitiveness in this process, writes Kyran Fitzgerald. Sources suggest that actual delays occur when parties and their legal advisers drag things out. The incompetence of the judiciary remains a sensitive issue, given the paramount consideration of judicial independence. However, better support for those transitioning from private legal practice would certainly not be bad. Dealing with the debris of the economic crash continues to strain the system. The personal bankruptcy service has not been as effective as its proponents had hoped. In particular, the judiciary has encouraged the use of alternative dispute resolution and mediation. While there are “many positives” such as transparency in the proposed law on the regulation of legal services, Coulter believes that “there are so many things in the bill that could have unintended consequences, particularly in the context of changes to the legal structure.” She is concerned that “there is no provision in the bill to ensure continued access to justice.” Current ad hoc agreements ensure that people who cannot afford to pay for representation through the “no phone, no fee” system. Lawyers take the case on the basis that they receive their costs if they win, but do not charge the client if they lose, even if the client is responsible for the other party`s fees.

For a business to be economically viable, it must subsidize the prices of successful cases in order to subsidize those that are lost, which increases costs. The ability of individuals to use the legal system to put obstacles to development is a feature of our system, but does the emphasis that our superior courts place on individual rights serve to thwart the interests of the community as a whole? “Family lawyers are committed to their clients, but they are unhappy with the lack of resources and facilities within the system,” says Walsh. Our judiciary is considered independent, our judges are essentially very competent. Nevertheless, some cracks appear. A litigant`s story: a `frustrating and costly` system “Seán,” a single father, was involved in a lengthy custody case that included more than 50 hearings. He found the legal system opaque, frustrating and very costly. “As a single man, I have always been warned that as a man you go lower down the ladder: many judges still seem to think that women can take care of children, but men cannot. I was told not to wait too long in terms of access, etc. “But the real problem was the lack of consistency in all aspects of family law. There are no written rules of evidence, particularly in the lower courts. First of all, you never know which judge you will have. Indeed, lawyers who regularly appear before the courts learn the position of certain judges on certain issues.

Therefore, they asked for adjournments until judges who might be more inclined to their client`s particular arguments were there to hear the case. “Unfortunately, since judges are not systematically assigned to such cases, this leads to real inconsistencies, as different judges have to intervene and exit cases and have to regularly rehear testimony already presented, resulting in even more court time for individual cases. Some judges seem reluctant to interfere in family law matters and are reluctant to postpone cases for weeks, especially if they seem complex, so you have to keep paying for those court appearances. “Costs are a big problem: lawyers don`t describe costs; Not even lawyers. Invoices are often very general and bear no real resemblance to the time and effort required. “However, representing oneself is not a good idea. Judges do not really welcome lay litigants because they feel that they are disrupting the work of the Court. “If a case is difficult and a party violates court orders, such as access orders, you must go back to court to seek redress. The judges have no idea of the costs involved. I believe these are deterrents for many people who, in many cases, are forced to leave the situation. “In the end, although I was not married, I was granted joint custody, with the recommendation that if certain conditions were not met, full custody should be transferred to me.

This broke much of the blockade and was recommended by outside medical professionals who were confiscated at significant financial cost. “All this experience has taught me that the court is not the right forum for family matters. I think there should be serious mediation with well-trained professionals involved in the intervention. The court should only be a last resort, with cases heard by judges with a family background and a genuine interest in such cases. » “Seán” cannot be identified due to the closed session rule The time between the submission of legal documents and the delivery of a judgment is approximately 650 days. In neighboring Britain, it was only 437 days. The problem of the delay in the system was recently highlighted when the Supreme Court finally gave the green light to Apple`s long-delayed data center in While any delay is frustrating and stressful for litigants and witnesses, another type of stress affects those working in the system. The collapse of the construction industry and the subsequent collapse of the transfer of ownership affected lawyers.

Real estate transactions are the bread and butter of most small law firms, coupled with family law, inheritance and transfer of ownership, and the collapse of the real estate market has led to wage cuts, reduced working hours and unemployment. The number of unemployed lawyers stands at 1,100, according to the Law Society, and is expected to increase when newly qualified lawyers enter the market later this year. The longer the delay, the higher the final payment for those involved in a court case. “Referendums that are not prepared for this can have problematic consequences, and here, in our view, there is room for a project that looks at a number of North-South areas, essentially what is needed to merge two legal systems.” In contrast, a veteran lawyer pursuing a murder trial is likely to earn a short amount of €8,600 and a daily fee of €1,800. “The explanation for this discrepancy is that the state operates in the legal market,” Coulter says. However, she is not convinced. They could make the legal system more affordable and accessible. Or they could concentrate legal expertise in the hands of large law firms and drive many of those who provide service to the public out of the legal profession. Emma Kerins of Chambers Ireland welcomes the new legislation.

She believed that Ireland was lagging behind in the administration of legal affairs. This is despite considerable pressure from leading judges. Meanwhile, Justice Minister Alan Shatter has promised a Legal Services Act by the end of the month to meet the EU-ECB-IMF demand to reform the way legal services are provided and regulated in Ireland. The agreement between the Troika and the government referred in particular to a 2006 report by the Competition Authority on the two branches of the legal profession. Five years later, most of the recommendations she made to the government at the time have not been implemented. Led by Professor Oran Doyle of Trinity College Dublin, the project involved lawyers from the Republic and Northern Ireland who compare and assess divergence and convergence in eight areas of law, including administrative law, citizenship law, land law, employment law, health law and human rights law. and law and religion. Many of the other proposals are transparency of services provided and fees charged; require lawyers to facilitate the transfer of clients to another lawyer by sharing their records; provide lawyers with opportunities to advise members of the public, form partnerships and represent employers in court; and combating the practice of setting junior lawyers` fees at two-thirds of those of a senior lawyer (although the Bar Council has abolished the rule) are likely to be included in the draft law on legal services.