Competition body chairman angers lawyers

The Law Society has postponed a meeting with the Competition Authority and has called on its chairman, Dr John Fingleton, to …

The Law Society has postponed a meeting with the Competition Authority and has called on its chairman, Dr John Fingleton, to step aside from the process of examining competition within the legal profession.

It is objecting to remarks made in an interview with Dr Fingleton in yesterday's Irish Times, followed by an interview with RTÉ's Morning Ireland programme.

Dr Fingleton told The Irish Times that the Competition Authority would be looking at the need for a separate Law Council to regulate the legal professions (the Law Society is both the regulatory and representative body for solicitors at the moment), and at the fusion of its two branches, separated at present into solicitors and barristers.

He also said it would be examining the need for the distinction between senior and junior counsel among barristers, and the role of the taxing master in setting fees.

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In a strongly worded letter, the president of the Law Society, Mr Gerard Griffin, said: "In the light of your remarks today, we believe that the Competition Authority's study of the solicitors' profession is a process that lacks integrity.

" It is difficult to believe in the integrity of a process whose conclusions are published in advance."

He said the society was seeking an assurance that the study would be conducted in accordance with fair procedures and with an open mind.

"In addition I am seeking an assurance that your personal bias in favour of certain conclusions, as set out in today's Irish Times, does not represent the pre-judged views of the authority.

"We are entitled to be assured that conclusions other than those already indicated by you may truly be reached by the authority at the end of this study. We believe that any such assurance should be underpinned by an agreement by you to step aside and to play no further role, directly or indirectly, in this study.

"It is clear that tomorrow's planned meeting at Blackhall Place cannot reasonably be expected to proceed in the circumstances.

"Please take this letter as notification of the meeting's postponement while we await your assurance that there is a bona fide basis for it to proceed," the society's letter concluded.

The Bar Council has also expressed surprise at Dr Fingleton's comments.

"The Bar Council is in an ongoing consultation process with the Competition Authority and their consultants, Indecon," Mr Jerry Carroll, director of the Bar Council, told The Irish Times.

"Dr Fingleton's comments are the subject matter of detailed responses yet to be given by us to the authority. We are somewhat surprised that he has chosen to speak publicly at this time when no conclusions have been reached."