The process for appointing a permanent chief executive is well advanced. The appointee will take over from the interim CEO, Renee Dempsey, formerly CEO of the Equality Authority and subsequently of the Irish Human Rights and Equality Commission.
Sequencing
The new authority is taking over key areas, such as inspections of solicitor firms, public complaints and the new legal business models. The sequencing requires careful planning so that the various commencements are correctly executed, including those that relate to each other – and that the replacement of existing regulatory regimes leaves no unintended gaps.
The steps often involved in setting up a State body (with a core staff in place) were not followed for the LSRA. Dr Thornhill says that this was deliberate, because the Government wished to ensure that, not only was the LSRA independent, but that it was seen to be so. The authority is currently functioning from a temporary office on St Stephen’s Green.
Legal partnerships
“We were also faced with a number of statutory deadlines and reports to be produced within six months of our establishment,” he added.
One of those reports is on the subject of legal partnerships, which Dr Thornhill said would be of real interest to newly-qualified solicitors, now that there was a statutory commitment in the Legal Services Regulation Act to establishing such partnerships.
The legislation contains a framework that allows for the introduction of new legal business models. There will be public consultation on these new structures, which could see the early introduction of legal partnerships between barristers and solicitors, or between barristers themselves.
The new act also opens up other aspects of legal practice. For example, it allows employed or corporate lawyers to act in proceedings on behalf of their employers, and for direct access to barristers on non-contentious business.
It also allows barristers sharing premises to advertise themselves as such. These had all been prevented by existing codes. The aim of opening up these areas is to offer greater choice in how legal services may be provided, and in how they can be accessed by consumers on a more competitive basis.
“We were also asked to look into the issue of multi-disciplinary partnerships,” says Dr Thornhill, “and we were invited to look into whether barristers should hold clients’ moneys – and whether there should be direct access to barristers in non-contentious issues.
“We have a number of other things in line, like education of lawyers and whether there should be a new profession of conveyancer, so all of these things will be in the pipeline.”
“Those things we were statutorily bound to do, we have done, so we have met all the statutory reporting deadlines.”
New regime
The LSRA couldn’t start functioning until late October 2016 because the membership of authority wasn’t fully constituted till then. Dr Thornhill said they were continuing with the work of building up the organisation – the crucial step being the appointment of a permanent chief executive.
“There is quite a lot of work to be done before we open for business with all the ‘bells and whistles’,” he said. “We’re conscious that our mandate has significant implications for the provision of legal services and the administration of justice, for the public, and for legal professionals.
“We will build first, so that, when we open for business, we are fully prepared. It is certainly not my intention to start off on an, ‘Ah sure, it’ll do’ basis!”
The new structures will provide greater focus and depth to the process of modernisation and change that the reformed regulatory regime is intended to deliver.
The LSRA is charged with the oversight of legal services and legal practitioners. There will be a new and independent legal practitioners' disciplinary tribunal to adjudicate on serious misconduct by both solicitors and barristers.
Included, also, is an enhanced legal-costs regime, bolstered by a set of legal-costs principles, and which places more extensive obligations on both solicitors and barristers to keep clients informed about the details of their legal costs.
Separately, the new Office of the Legal Costs Adjudicator will assume the role of the existing Office of the Taxing-Master, and keep a public register of its legal-costs determinations.
Authority structure
The authority consists of 11 members, of whom a majority – that is six, including the chair – are lay persons nominated by six prescribed, non-legal bodies. The remaining five members are nominated by prescribed legal bodies.
The members are:
- Dr Don Thornhill (Higher Education Authority),
- Angela Black (Citizens Information Board),
- Deirdre McHugh (Competition and Consumer Protection Commission),
- Prof Gerry Whyte (Irish Human Rights and Equality Commission),
- Stephen Fitzpatrick (Institute of Legal Costs Accountants),
- Dermot Jewell (Consumers’ Association of Ireland),
- David Barniville (Bar Council),
- Joan Crawford (Legal Aid Board),
- Eileen Barrington SC (King's Inns, who was nominated to replace Mr Justice Nicholas Kearns who stepped down due to other responsibilities),
- and Geraldine Clarke and James MacGuill (Law Society).
Asked when he expected the LSRA to be fully functioning, Dr Thornhill explained: “We have completed a legal analysis on the interlocking nature of the legislation, because there are a number of sections that can’t become operational unless other sections are operational. It’s like a jigsaw. Currently, we have someone working on an operational timetable – I can’t give a precise date yet.
“Our job will be a very complex one when we do get up and running,” said the LSRA chair. “In my view, and in the view of the authority, we should not open until we are ready to do our job properly, both with personnel, office space, and all the relevant pieces of legislation commenced.
Integrated
“There are a number of parts of the act that still have to be commenced, and we will want a smooth, integrated process.
“There is little point, and little public value, in commencing the provisions for legal partnerships if there aren’t adequate protections for the public, and adequate disciplinary procedures in place for those in legal partnerships.”
Disciplinary matters
Asked about the impact that the LSRA would have on disciplinary matters, Dr Thornhill explained: “Once that comes into operation, the Law Society will stop receiving and dealing with disciplinary cases. In other words, there will be a clean handover. The Law Society will see through the cases that it is handling now, and which have been reserved to it, and then the new process will begin.
“The office of the Taxing Master is a separate matter and is not part of our brief. We are obviously aware of it, and it is, in our view, a very important innovation.”
Resources will obviously be key in how the LSRA delivers on its remit. The LSRA Chair pointed out that “finance is not our problem at the moment. Our problem is in finding office premises, because Dublin is booming. Secondly, we ideally want offices that are capable of expansion, as we don’t want to have to move a second time any time soon.
“Also, there will be some staff coming to us from the Law Society, if they decide to. They have the right of transfer because they operate in a very specialised area. Equally, we want to ensure that, for them, the transfer isn’t disruptive of their lives.
At the graduation ceremony for new solicitors, Dr Thornhill’s advice to them was on the topic of self-care: “Your clients will bring you into the most intimate areas of their lives – their financial affairs, their commercial relationships, and their family relationships. They place enormous trust in your knowledge, your advice and, in time, your experience. You will find this demanding, and you might find it stressful – particularly those of you who are sole practitioners.
Very often, across all professions, the origins of disciplinary sanctions can be found in poor responses to stress. It’s important to remember that it’s not the stressors that are damaging, but our responses to them
“The best way of responding to stress effectively is to seek advice – from your colleagues, your local bar association, and particularly the Law Society itself. All these are resources that I hope you will use.”
Setbacks should not be seen as defeats, but challenges, he said. “Be engaged in activities you enjoy and look after and invest in your relationships.
“Avoid the risk of being lonely, because it provides a rich seabed for damaging stressors, as well as seriously damaging your health. Build up a broad portfolio of relationships, at different levels, and in different parts of your life.”
Cultivate a sense of purpose and meaning in life, he advised. A sense of meaning in life involved understanding and reflecting on the impact of one’s work on the legal profession.
“Set yourself personal goals and rejoice in your achievements. Enjoy the sense of fulfilment that comes from a life crowned with accomplishments,” he concluded.