The Regulation of the Legal Profession in Ireland

The Regulation of the Legal Profession in Ireland PDF

Author: Maeve Hosier

Publisher: Quid Pro Books

Published: 2014-08-17

Total Pages: 328

ISBN-13: 1610272595

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The Regulation of the Legal Profession in Ireland is a new and insightful exploration of history, controversy and reform relating to the Irish legal system. During recent legislative debate over a professional reform bill, Alan Shatter--then the Minister of Justice in Ireland--publicly called this study, in its earlier form as a dissertation, "marvellous," and stated that it "should be compulsory reading for us all." He noted that the thesis "sets out the history of the legal profession and how it evolved. It evolved continually until approximately 1870 and then went into paralysis and nothing has changed since. ... It is extraordinarily curious that people think the world stopped in 1870." Professor Laurent Pech, formerly of the School of Law at NUI Galway and now Head of the Law Department at Middlesex University London, has stated that this study "makes a decisive contribution to the on-going scholarly and policy debates on this issue, by evaluating the present regulatory framework and offering a number of suggestions to improve it in a context of increasing transnationalisation of the market for legal services." He added that Hosier's "innovative approach to the problem of lawyers' misconduct is, in particular, worth noting. This aspect of her work has the potential to help alleviate a problem which has been extremely costly for both the legal profession and wider society alike. Her doctoral research also provides a valuable insight into the impact of the Troika upon the regulation of the legal profession in so-called 'bailed-out countries.'" Professor Pech concluded that the author "should be congratulated for having made an exceptional contribution to the current debate on the regulation of the legal profession both nationally and internationally. I have no doubt that her original and thought-provoking work will be useful to policy-makers and scholars alike." This book features Professor John Flood's new, substantive introduction, explaining the worldwide implications of professional reform efforts, the financial crisis that precipitated them, and the relation to regulation of the legal profession in other countries. It also includes the author's notable examination of the effect of the Troika's bailout conditions on law reform possibilities in Ireland. This part of the book was presented in the US at the 2013 annual conference of the Law and Society Association. Finally, the book adds a section on 2014 developments in reform efforts in Ireland. A powerful new addition to the Dissertation Series from Quid Pro Books.

Foreword to

Foreword to PDF

Author: John Flood

Publisher:

Published: 2015

Total Pages: 0

ISBN-13:

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The foreword shows how in the recession of 2008 lawyers escaped culpability while bankers were excoriated for their role in it. Nevertheless in Ireland, when it became a debtor country in the Eurozone, the Troika (IMF, EU, ECB) enforced a restructuring of the legal services market. This is viewed in the global context of a shift towards liberalisation of the legal services market at national and supranational levels. Despite the shift lawyers are rejecting change where they can, or, if they are unable to resist, at least attempt to delay it.

Changes in the Regulation of the Legal Profession in Bailed Out Ireland

Changes in the Regulation of the Legal Profession in Bailed Out Ireland PDF

Author: Maeve A. Hosier

Publisher:

Published: 2012

Total Pages: 0

ISBN-13:

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In accordance with the terms of the loan which was obtained in November 2010 from the IMF and EU (the Troika) the Irish Government committed to significant reform of the legal services market, and the Legal Services Regulation Bill (LSRB) which was published in October 2011 seeks to meet the state's obligations in that regard. The regulation of the legal profession in Ireland is about to be radically altered, if the LSRB is enacted in its current form. It provides for the establishment of a Legal Services Regulatory Authority with responsibility for the regulation of both solicitors and barristers. It will establish the Office of Legal Costs Adjudicator which will endeavor to bring greater transparency to the area of legal costs. A new Legal Practitioners Disciplinary Tribunal will also be established to oversee the operation of an independent system for the investigation of complaints relating to professional misconduct. The publication of the LSRB set the scene for a battle royale between both the Bar Council of Ireland and The Law Society of Ireland on the one hand and the Minister for Justice, Mr Alan Shatter on the other. This paper describes the existing framework which governs the regulation of the legal profession in Ireland, explores the key provisions of the LSRB and assesses their potential impact upon the present regulatory structure. It also describes how the LSRB will replace the present regulatory framework with a system of governmental co-regulation. The paper argues that the provisions of the LSRB will help to prevent the re-emergence of a triad involving property developers, financial institutions and lawyers which was a prime mover in the inflation and subsequent collapse of the Irish property bubble.

The Law and Practice of the Ireland-Northern Ireland Protocol

The Law and Practice of the Ireland-Northern Ireland Protocol PDF

Author: Christopher McCrudden

Publisher: Cambridge University Press

Published: 2022-02-03

Total Pages: 399

ISBN-13: 1009117963

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The Ireland-Northern Ireland Protocol, part of the Withdrawal Agreement concluded between the European Union and the United Kingdom, is intended to address the difficult and complex impact of Brexit on the island of Ireland, North and South, and between Ireland and Great Britain. It has become an exceptionally important, if controversial, part of the new architecture that governs the relationship between the UK and the EU more generally, covering issues that range from trade flows to free movement, from North-South Co-operation to the protection of human rights, from customs arrangements to democratic oversight by the Northern Ireland Assembly. This edited collection offers insights from a wide array of academic experts and practitioners in each of the various areas of legal practice that the Protocol affects, providing a comprehensive examination of the Protocol in all its legal dimensions, drawing on international law, European Union Law, and domestic constitutional and public law. This title is also available as Open Access.

Byrne and McCutcheon on the Irish Legal System

Byrne and McCutcheon on the Irish Legal System PDF

Author: Raymond Byrne

Publisher: Bloomsbury Publishing

Published: 2021-01-12

Total Pages: 1193

ISBN-13: 1526515091

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Winner of the DSBA Practical Law Book of the Year Award 2020 This seventh edition provides comprehensive treatment of the key elements of the legal system in Ireland, including the roles and regulation of legal practitioners, the organisation of the courts and the judiciary, and an analysis of the main sources of Irish law and their application in practice. It is essential reading for law students in Ireland, and practitioners will find it of great value. The seventh edition has been fully updated to reflect recent key developments including: Fundamental reform of the legal profession under the Legal Services Regulation Act 2015, The commencement of the main regulatory powers of the Legal Services Regulatory Authority and the establishment of the Office of the Legal Costs Adjudicator; The increasing impact of information technology on the legal profession and the courts, accelerated in 2020 by the Covid-19 pandemic; The establishment of the Judicial Council under the Judicial Council Act 2019, and the roles of its committees; Discussion of the system for appointing judges; The establishment of the Court of Appeal and the resulting impact on the Supreme Court; The Mediation Act 2017 and alternative dispute resolution in civil cases; The doctrine of precedent, including important case law from the Court of Appeal and the Supreme Court; Significant developments in making legislation more accessible online, and analysis of the case law on the interpretation of legislation; The impact of recent constitutional decisions, including case law on suspended declarations of unconstitutionality, and the constitutional amendments on marriage equality and abortion; Developments in EU law, including the potential impact of Brexit, and the growing impact on Irish law of more than 1,400 international agreements that Ireland has ratified.

International Perspectives on the Regulation of Lawyers and Legal Services

International Perspectives on the Regulation of Lawyers and Legal Services PDF

Author: Bloomsbury Publishing

Publisher: Bloomsbury Publishing

Published: 2017-11-30

Total Pages: 288

ISBN-13: 1509905197

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This collection explores developments in the regulation of legal services by examining the control of the markets in several key countries and in jurisdictions within countries. The contributions consider emerging adjustments in regulatory structures and methods; examine the continuing role, if any, of professionals and how this may be changing; and speculate on the future of legal services regulation in each jurisdiction. The introductory and concluding chapters draw together similarities, differences and conclusions regarding directions of change in the regulation of legal services. They consider the emergence of alternatives to professionalism as a means of regulating legal services and some implications for the rule of law.

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