IN THE edition of May 19th last, concerning a report of Proceedings in Wicklow District Court, it was stated that Mr Tom Flanagan BL had indicated to Judge Murrough Connellan that the issue of whether Counsel can represent people in Court without an instructing Solicitor may go to the High Court. The article also said that Mr Flanagan told the Court that it was likely he would receive Bar Council instructions to take proceedings in the High Court on this matter.
In fact, Mr. Flanagan did not indicate to the Court that he was likely to receive Bar Council instructions to take proceedings in the High Court. Rather, he said that he would have to take his clients instructions in this regard. Secondly the issue in contention was not whether a barrister could represent a person in the District Court without an instructing solicitor but whether a barrister, properly instructed by a solicitor, could represent a person without being attended by that solicitor. That issue has been the subject of proceedings in the High Court in which a judgement has now been given which clarifies that counsel instructed by a solicitor have a right of audience in the District Court whether or not they are attended by their instructing solicitor.
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