The Gazette 1987

GAZETTE

JULY/

UGUST

1987

This began as a panel discussion

between three solicitors, Michael

Houlihan, Frank Ward and Helen

Doyle, on the one hand, and three

barristers, Peter Shanley, Fergus

O'Hagan and Katherine Shepherd,

on the other hand, and it was

chaired by this writer. It quickly

developed, as intended, into an

entirely open exchange of opinions,

suggestions and observations

involving the audience at large.

The solicitors were first asked

to describe the qualities they

look for in the counsel whom

they brief. The emphasis was on

speed, punctuality, knowledge of

the law, approachability and in

particular the ability to communi-

cate concern about the case to the

client.

The barristers were then asked

to suggest ways in which solicitors

could make a counsel's job easier.

Leaving telephone numbers when

names are given at the Law Library

for 'call-back' was one example.

Not having unrealistic expectations

about how quickly papers can be

returned was another. Much dis-

cussion centred on the perceived

decline in the quality of briefs be-

ing sent to counsel in recent years

and it was pointed out that a

solicitor is not doing his job but is

merely contributing to delay when

he furnishes the easy "herewith

copy file — please advise" kind of

'brief'.

Peter Shanley spoke of the lack

of awareness among some

solicitors of where their job ends

and that of counsel begins. Cons-

tant interruption (by means of

notes and gown-tugging) by a

solicitor of counsel while the latter

is addressing the court was

deprecated.

The fact that this can be irritating

for the judge as well as for the

counsel was illustrated by a story

told from the back of the hall by

Paddy McEntee when he describ-

ed how on one occasion on the

Northern Circuit the interruptions

became so intolerably persistent

that he turned to his solicitor and

in a loud stage whisper told him to

/ ' * * * * o f f !" which elicited the ap-

probation "Well said, Mr. McEntee'

from the Judge!

Following this contribution, the

discussion within the packed

con f e r ence hall (there was

standing room only at the back)

really took off and the chairman

was faced with a forest of hands

in the air from which to choose as

speaker followed speaker. Contri-

butions ranged over such matters

as how to get papers back from

dilatory counsel (a caustic rhyming

telegram took the prize here), an

appeal for solicitors to pay

counsel's fees more quickly and

the question of whether counsel

should abandon the role of 'general

practitioner' and develop more

specialised knowledge of specific

areas of law.

On the latter issue, the barristers

argued that the market was too

small in this country for a great

deal of specialisation but it was

agreed that future trends would

probably be in this direction.

There was enthusiastic support

among solicitors for the idea

that the Bar Council should publish

a guide to enable identification

of special expertise among

barristers.

There followed several contri-

butions on the question of whether

or not solicitors should more

frequently undertake advocacy in

the Circuit and High Courts on

behalf of their clients. This led

inevitably to the question of

whether any justification now

existed for the rigid separation of

the t wo

branches of

the

profession.

A l t hough

many

different views were expressed on

this, there was a consensus that

the preparation of a case, and the

presentation of that case in Court

are essentially different functions

and are more efficiently carried

out by separate people in the

interests of everyone, particularly

the client.

With the trend towards in-

creased pre-trial procedures, it was

felt to be probably inevitable that

the art of oral advocacy will decline

somewhat in the future but there

will always be a need for it

particularly at the Criminal Bar. In

general, barristers develop an

expertise in advocacy wh i ch

solicitors do not have and it is both

more effective and cheaper for a

client if a barrister's services are

used in litigation than if they are

not. Criticism and defence of both

the 'two- Senior -and-compulsory-

Junior' rule followed. The 'direct

access' issue was also touched on

w i t h a number of speakers

remarking on the dangers to both

branches of the profession if the in-

cidence were to increase of

counsel taking instructions from

clients without solicitors being

present.

There appeared to be wide-

spread support for the concept of

merging the Blackhall Place and

Kings Inns education systems to a

much larger extent and this led to

the final part of the discussion

which was on the question of co-

operation between both branches

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