More hard times for the Bar?

Milk & Honey

From The Sunday Times
August 30, 2008
Solicitors exploit junior barristers
Mark Tighe
BARRISTERS should report solicitors who fail to pay them to the Law Society, as it may be an early warning that something is seriously wrong with some practices, said Ken Murphy, director-general at the society.
The Bar Council, which represents the interests of barristers, said it is receiving the largest volume of complaints about the non-payment of fees since it established a system in 2006 to deal with the matter.
“We set up this system because we were getting complaints from a lot of members that they weren’t getting paid and they felt they didn’t really have any recourse,” said Sasha Gayer, vice-chair of the council.
Around 50 complaints are being made annually.
Senior lawyers say unscrupulous solicitors are employing young barristers for minor court appearances then refusing to pay them. Some solicitors are repeating this ploy.
Murphy said the society viewed it as “utterly reprehensible for a solicitor to exploit a barrister in that way”.
“We would wish to receive complaints about such conduct so we could thoroughly investigate it and apply the sanctions as necessary,” said Murphy.
“In the small number of high-profile cases where solicitors were found to have been acting dishonestly to clients, they have also being acting dishonestly towards the barristers their firm had been briefing as well.”
Barristers rely on solicitors to bring them work so many young lawyers are still reluctant to complain about a solicitor. “We felt by setting up this system whereby the Bar Council administered the complaint and passed it to the Law Society, it would be easier for the barrister to recover their fees. It just makes the complaint less personalised,” said Gayer.
“Non-payment happens at all levels of the profession. We get complaints from senior counsel too, but there are lots of junior members with this problem. They are not in a position where they can wait around for fees to come in. Juniors are obviously not doing as much work as senior colleagues so if they don’t get paid for the small amount of work they are doing they will feel it more acutely.”
According to professional guidelines, solicitors have no liability for paying a barrister’s fees, but they must “immediately” pay their counsel once payment is received from the client.
“Frequently in these cases, when the Law Society writes to the person we find the solicitor has not yet been paid by the client,” said Murphy.
“Many clients, particularly in an unsuccessful case, don’t have money. Others just won’t pay and have to be pursued. In some cases, the barristers fees are paid by the solicitors and an apology is made for non-payment, but in others, solicitors pay the barrister even though the client is yet to pay and there is no legal obligation to do that.”
Murphy said solicitors found to have withheld fees could face misconduct charges before the Solicitors Disciplinary Tribunal.
• HAVE YOUR SAY
• HAVE YOUR SAY
I threatened to report oneonce years ago and got paid in 3days so just the threat works a charm- ours is the only profession where one cannot sue for one'sfees- it just takes a bit of gumption and knowledge of solicitors' accounting rules
peter c, Devizes, Wessex
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johnnyskeleton

More of the same, to be honest.

Every 6 months this story is recycled, so much so that I suspect someone is trying to generate some sympathy for barristers.

By the way, when you post an article or other issue for discussion, you should really include your views as well.

IT Loser

Lawyers need to keep their stables clean. There is a veritable gaggle of Veterinary Journalists just gagging to put us down at the first opportunity. What the fukc am I saying, I dont even have a job.

krd

It is kind of funny.... But then again... I'd like to know very much who briefed some former employers of mine on how to "legally" rip me off on monies owed to me. When I say "legally" -- I mean it in the losest terms -- "legally" as in there's nothing I can do (and some scumbag has been giving them good advice on how to screw me "legally")

Anyway -- I do have a job (it's **** and humiliating ,,,, but it's still a job)

The best way to deal with a solicitor who's not paid you -- is a good sharp punch in the stomach when their least expecting it. They're not going to call the garda..

The only law some people understand is the law of the jungle -- and these people you must treat like beasts.

If you know anyone who needs help collecting -- you know where I am . For a reasonably small fee, I can make sure someone does the right thing. Together we can make the world a better place

dazza21ie

krd wrote: »

It is kind of funny.... But then again... I'd like to know very much who briefed some former employers of mine on how to "legally" rip me off on monies owed to me. When I say "legally" -- I mean it in the losest terms -- "legally" as in there's nothing I can do (and some scumbag has been giving them good advice on how to screw me "legally")

Anyway -- I do have a job (it's **** and humiliating ,,,, but it's still a job)

The best way to deal with a solicitor who's not paid you -- is a good sharp punch in the stomach when their least expecting it. They're not going to call the garda..

The only law some people understand is the law of the jungle -- and these people you must treat like beasts.

If you know anyone who needs help collecting -- you know where I am . For a reasonably small fee, I can make sure someone does the right thing. Together we can make the world a better place

What was the point of that post?

krd

dazza21ie wrote: »

What was the point of that post?

The point of the post is I'm very pissed off about being ripped off on money owed to me.

And I have a very strong feeling, those who ripped me off were given legal advice on how to do it and get away with it.

If solicitors are not paying young a barristers what they've agreed, they're are probably doing it on the basis that they can "legally" get away with it.

I have been advised before that a solicitor or lawyer in Ireland can not give advice on how to circumvent a legally binding obligation. Is that really true? Or is it a case it would have to be proved by documentary evidence. So if it can't be proved it's alright theivery?

If right and wrong to you, is what you can legally get away with and what you can't -- I would suggest punching a solicitor, who won't pay up, in the stomach, when there are no witnesses around -- as you will get away with it. They will most likely pay up. If you can get away with it, then following common thinking, it's kosher.

And I swear to holy god and all his sky fairies that I will get every gram of flesh owed to me by hook or by crook. My only concern is that any action I take does not end with me in jail.

---

And so for the minute I'm not going around punching people in the stomach. But some times it's not such a bad thing to have someone robustly persuaded to do the right thing.

It's just an opinion... Someone else could give the advice young barristers should pray to the vargin mary for payment of their invoices. Whatever you think will work.

Thanks you for reminding me why I'm so angry -- now I've got to go run off and plot the destruction of some bums who've ripped me off,,, them, their wifes and their children too