This is one argument legal profession looks likely to lose

WITH the economy on the rebound, the Government is facing increasing demands for restoration of pay in sectors where it was cut during the recession.

The legal profession is no different and has been banging this drum with the Department of Justice over the past year.

In fairness to lawyers, they have not been shy about this.

Former Bar Council chairman David Barniville signalled their intent when he told this newspaper last year that moving towards a restoration of pre-recession pay and conditions was very much on the minds of barristers.

As things stand, the legal profession would appear to be fighting a losing battle and they are unlikely to gain much public sympathy.

After the government was urged repeatedly by the IMF and the EU during the bailout years to introduce reforms to cut legal costs, measures are finally due to be rolled out shortly to increase transparency, something which should create downward pressure on fees.

Although there have been some concessions to lawyers in relation to payments in respect of submissions to the Court of Appeal and bail fees, one well-placed Government source said there was little appetite to increase fees generally.

“Even if the Government wanted to do it, do you think that the Dáil we have at the moment would vote it through?” he observed.

One of the main areas where the State pays legal practitioners is in the criminal courts for prosecution and defence work.

Since 2008, the fees paid for this work have been cut considerably.

The money involved is still substantial though. Some €21.4m was paid to solicitors and barristers by the DPP for prosecution work last year, while a further €51.6m was paid out for defence work under the criminal legal aid schemes.

However, lawyers say that following a succession of cuts, the rates they are being paid are approximate to those available 15 years ago.

At the same time, rates charged for civil work, particularly in the High Court, have increased considerably, creating a gulf between what is on offer there and in the criminal courts.

One of the main arguments made for restoration is that this gulf is driving lawyers away from criminal work.

In Britain, an 8.75pc cut to legal aid fees introduced in 2015 was scrapped a year later amid considerable pressure from lawyers. This included walkouts from court and legal challenges.

There is no suggestion that similar action is on the cards at present in Ireland.

But the rumblings of discontent might be quelled somewhat if there was a more equitable distribution of work.

Although the DPP, Department of Justice and State Claims Agency have given assurances every effort is made to distribute work fairly, some practitioners get considerably more work than others.