Bankruptcy Barrister

fional

If one declared bankruptcy in the US, is that a strike against you becoming a barrister? Is a US bankruptcy considered the same as a bankruptcy order in Ireland? I ask, because in the US a bankruptcy is far less severe and does not bar you from professional organisations.

I read in the independent that a sizeable amount of barristers were declaring bankruptcy in Ireland, but still allowed to practice on a case-by-case basis.

Tom Young

The answer is broadly yes. There are requirements of the King's Inns and the Bar Council which require certain elements be in place before being admitted to the BL Degree and before being called to the Bar. Then I think there is regulation of the profession by the Bar Council. Pre-entry - Yes.

fional

Tom Young wrote: »

The answer is broadly yes. There are requirements of the King's Inns and the Bar Council which require certain elements be in place before being admitted to the BL Degree and before being called to the Bar. Then I think there is regulation of the profession by the Bar Council. Pre-entry - Yes.

Would that be a definite or near-definite disqualification then, or likely so, for entering the programme?

The article in the independent stated that the bar council does not mandate being told, whereas the UK bar standards doesn't prohibit, but requires being told.

Tom Young

fional wrote: »

Would that be a definite or near-definite disqualification then, or likely so, for entering the programme?

The article in the independent stated that the bar council does not mandate being told, whereas the UK bar standards doesn't prohibit, but requires being told.

There are two sets of regulatory bodies for Barristers in Ireland. The Honorable Society of King's Inns and the Bar Council. The rules at the Inns have been modified by election, as have (or are about to be) the rules at the Bar Council/Law Library, concerning regulation and conduct.

In relation to applications for entry to the BL degree and the application/memorial to be called to the Bar, there is a requirement to state a number of matters, one of which is Bankruptcy, another of which is convictions, Directorships etc.

Being in the profession and entering the profession towards progression/practice are two different things.

The Inns will now look more at regulating non-practicing or non-library member Barristers.

Tom

subrosa

http://www.kingsinns.ie/website/prospective_students/degree/degree.htm


Note in the specimen form

(b) Has any bankruptcy order been made against you in any part of the world[1] or have you entered into a voluntary arrangement[2] with your creditors in any part of the world?

[1] “Bankruptcy order” includes a bankruptcy order made pursuant to the Bankruptcy Act 1988 and any similar order made in any jurisdiction in the world.

[2] “arrangement” means an arrangement which is pursuant to the Bankruptcy Act 1988 Part IV or any similar procedure in any part of the world.

fional

Tom Young wrote: »

There are two sets of regulatory bodies for Barristers in Ireland. The Honorable Society of King's Inns and the Bar Council. The rules at the Inns have been modified by election, as have (or are about to be) the rules at the Bar Council/Law Library, concerning regulation and conduct.

In relation to applications for entry to the BL degree and the application/memorial to be called to the Bar, there is a requirement to state a number of matters, one of which is Bankruptcy, another of which is convictions, Directorships etc.

Being in the profession and entering the profession towards progression/practice are two different things.

The Inns will now look more at regulating non-practicing or non-library member Barristers.

Tom

Thanks Tom, I have had difficulty finding specific information on the matter...or on the whole process.

Tom Young

No problem. It is not the most readily available data alright, but if you just think about it there would be similar requirements around the world.

dats_right

My understanding is that being a bankrupt will not necessarily preclude you from being a barrister, but you would have to disclose the surrounding circumstances and a decision would be made based thereon. Afterall a barrister, unlike a solicitor, has no access or control over clients' monies so there isn't usually a problem. However, if there had been some sort of moral turpitude or dishonesty involved in becoming bankrupt in the first place then things might not be so simple. Whatever you do make sure to be forthcoming with information and disclose all relevant information to the relevant bodies, as failure to do so is probably a bigger offence. On the other hand, one's chances of becoming a solicitor whilst an undischarged bankrupt are virtually nil.

Our man in Havana

That said bankruptcy is relatively rare in Ireland.

Tom Young

Bond-007 wrote: »

That said bankruptcy is relatively rare in Ireland.

Really!