Marcus Daly: An eloquent, skilful and generous barrister

Obituary: Senior counsel fought pro bono for strangers who had fallen on hard times

Marcus Daly quickly became the most successful barrister practising on the Western Circuit after he took silk in October 1975.
Marcus Daly quickly became the most successful barrister practising on the Western Circuit after he took silk in October 1975.

Marcus John Albert Daly, who died suddenly but peacefully at home in Dalkey, aged 78, had been Father of the Connaught Bar since November 1994.

Ever since, his tall, imposing and immaculately attired figure, ever warm, good-humoured and generous, had routinely greeted all judicial and official visitors to the Western Circuit..

He was born in 1937, the second son of Marcus John George Daly, a farmer, who tragically died just before his birth, and grew up happily on the family farm at Ballygaddy House, Tuam, Co Galway.

He often spoke of his contented life there, helping his mother manage the farm.

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He was educated in St Jarlath’s College in Tuam, was admitted to the King’s Inns in 1955, and was called to the Bar in 1959.

Western Circuit

He immediately started practice on the Western Circuit, devilling for successful junior J Desmond Kearns.

He brought to his practice a strong work ethic and keen sense of organisation at a time when the professional life of a circuit-going barrister was approached on a more leisurely basis than today.

Notwithstanding the paucity of work on the circuit then, Daly soon became a successful junior and was appointed prosecutor for the Cos of Mayo and Galway.

He served in that capacity until he took silk in October 1975.

He quickly became the most successful barrister practising on the Western Circuit.

Experience as a prosecutor helped his criminal practice to develop and, for a while, he acted as a prosecutor in the Special Criminal Court.

He developed a familiarity with the then specialised Land Commission and, with valuation law, appeared in many cases before the valuation tribunals, and litigated seminal valuation decisions before the high court.

In the 1970s, Daly served in a judicial capacity as Ireland’s Judge Advocate General, reviewing decisions of military tribunals.

He was called to the English Bar (Middle Temple) in 1984 but was never tempted to practice outside his beloved Western Circuit and the Irish Bar.

He will probably be best remembered for his exemplary conduct of many and varied civil jury trials.

Constant demand

His reputation for skill and eloquence in addressing juries was well earned but when juries in most civil cases were abolished in 1988 he remained in constant demand.

He was, when necessary, prepared to stand up to any judge to fight his clients’ corner. Some of his greatest battles were fought quietly pro bono on behalf of colleagues, friends and strangers who had fallen on hard times, a generosity he was unwilling to advertise.

Daly enjoyed nothing better than the company of his colleagues. He loved the good life in the best sense of those words, and when he arranged accommodation for guests the chosen hotel would be fully researched and even tested if necessary – matching best value to best comfort.

He met his wife Ethel, nee Ormston, in Dublin in the 1960s and they were married in Limerick.

They were inseparable, a lifelong love, and he adored their four children, Marcus (Jnr), Sharon, Ivan and Karl, their spouses and his 10 grandchildren.

He and Ethel travelled the world together but he enjoyed Madeira in particular.

He loved his golf and his golf club – Killiney GC.

Great passion

Opera was a great passion, and the couple were patrons and friends of the Dublin Grand Opera Society (the DGOS) and later Opera Ireland.

Every September, or thereabouts, a few of his like-minded friends were advised when they were expected at the Wexford Opera Festival, what operas they would attend and where in Wexford they would stay.

They were never disappointed. He always got it right. They wonder if they will ever go again. It won’t be the same.

If you said that to Daly, a friend observes, he’d say “Pull yourself together”.