Ireland's Law Society has responded negatively to the Clementi-style reforms
proposed by the Irish Competition Authority (ICA) in its February report on
reforming the legal services sector.
Among the changes put forward by the ICA were the creation of an independent
body to handle complaints, the creation of a Legal Services Commission to either
directly regulate or oversee the regulation of the legal services sector, and
allowing partnerships between solicitors and barristers and multi-disciplinary
partnerships.
However, in a statement released late last month, the Law Society announced
that:
"The Society is critical of the Authority's inconsistent uses of evidence
in two main respects. Firstly, on the subject of the competitiveness of the
market for solicitors' services in Ireland, the Authority seems very reluctant
to draw the inevitable conclusion, based on the evidence in its own preliminary
report, that the market is highly competitive."
"Secondly, in relation to the system of regulation of the legal profession
and on other matters, the Authority disregards the need for real evidence rather
than simple assertions. It proceeds to make recommendations based on preconceptions
and ideology rather than on reality and a careful assessment of facts. In this
and in other respects the Competition Authority has failed to follow the principles
of good regulatory practice set out in the Government's Regulating Better White
Paper of January 2004."
The statement concluded by announcing that:
"It is the Society's hope that members of the Government will give full
consideration to the views of the Society, as well as those of the Competition
Authority, before reaching a conclusion on where the public interest lies on
the various matters being studied."