Practicing in-house

Corruptable

I'm a current student, but I come across a lot of reference to in-house work on the forum and elsewhere. The textbook idea is that one would enter Blackhall Place or Kings Inns, sit the exams and get an traineeship or devil, and then work in practice.

I'm assuming this refers to the ability to work in-house once you have BL degree, and have been called to the Bar. I can see there is an advantage in not having to devil, but would you still be able to represent your employer in court or is it entirely behind the scenes theorethical work?

NoQuarter

Corruptable wrote: »

I'm a current student, but I come across a lot of reference to in-house work on the forum and elsewhere. The textbook idea is that one would enter Blackhall Place or Kings Inns, sit the exams and get an traineeship or devil, and then work in practice.

I'm assuming this refers to the ability to work in-house once you have BL degree, and have been called to the Bar. I can see there is an advantage in not having to devil, but would you still be able to represent your employer in court or is it entirely behind the scenes theorethical work?

Its entirely behind the scenes work for the moment but the legal services bill which is sitting on the presidents desk waiting to be signed or whatever stage its at now has proposed that qualified barristers working in-house can represent their employers in court.

ResearchWill

NoQuarter wrote: »

Its entirely behind the scenes work for the moment but the legal services bill which is sitting on the presidents desk waiting to be signed or whatever stage its at now has proposed that qualified barristers working in-house can represent their employers in court.

It will be a while yet before it hits the Presidents desk.

Milk & Honey

In theory in-house counsel may become entitled to appear for their employer but there are significant practical handicaps. The Law Library will presumably not allow in house Counsel to become members. Many of the resources available to barristers in practise will not be available to an in house counsel. If the in house counsel has never devilled they will find it very difficult to run a case properly. In short in house counsel will face the same issues solicitors have in exercising their right of audience in the higher courts. All very fine in theory but not very useful in practise.

FreudianSlippers

Milk & Honey wrote: »

In theory in-house counsel may become entitled to appear for their employer but there are significant practical handicaps. The Law Library will presumably not allow in house Counsel to become members. Many of the resources available to barristers in practise will not be available to an in house counsel. If the in house counsel has never devilled they will find it very difficult to run a case properly. In short in house counsel will face the same issues solicitors have in exercising their right of audience in the higher courts. All very fine in theory but not very useful in practise.

My understanding is that you must complete a devilling year in order to have a right of audience in Irish Courts. So someone planning on working in-house would still have to do the year.

Also, I could foresee companies coming to some agreement with the bar council and/or law library regarding membership for in-house counsel.

bath handle

FreudianSlippers wrote: »

Milk & Honey wrote: »

In theory in-house counsel may become entitled to appear for their employer but there are significant practical handicaps. The Law Library will presumably not allow in house Counsel to become members. Many of the resources available to barristers in practise will not be available to an in house counsel. If the in house counsel has never devilled they will find it very difficult to run a case properly. In short in house counsel will face the same issues solicitors have in exercising their right of audience in the higher courts. All very fine in theory but not very useful in practise.

Devils
My understanding is that you must complete a devilling year in order to have a right of audience in Irish Courts. So someone planning on working in-house would still have to do the year. I

Also, I could foresee companies coming to some agreement with the bar council and/or law library regarding membership for in-house counsel.

Devils have a right of audience in the courts from day one. The right of audience comes from the call. The rule about devilling is a law library invention.

impr0v

bath handle wrote: »

Devils have a right of audience in the courts from day one. The right of audience comes from the call. The rule about devilling is a law library invention.

Correct - hence the Chief Justice asking each newly-called barrister 'have you anything to move Mr./Ms. ______?'

It's a Bar Council stipulation that, in order to practice under its umbrella, one must have devilled for at least, I think, six months in Dublin. Could be a year, I forget.

Re in-house work, I don't think that one would be a very attractive prospect without some industry experience. A lucrative and/or responsible in-house position will generally require a number of years PQE in the relevant practice area.

ResearchWill

bath handle wrote: »

Devils have a right of audience in the courts from day one. The right of audience comes from the call. The rule about devilling is a law library invention.

You are correct, the only bar on work is that a devil may not take on a legal aid case in his or her first six months.

But yes there is no bar on a devil in his or her first day running a high or supreme court case, doubt it would happen but no bar.

NoQuarter

So in order for someone with the BL degree to go into an in-house firm and say 6 months down the line take a case for their company, what, after receiving the BL, would they need?

To be called to the bar obviously...
Indemnity insurance?
a gown?
library membership?

bath handle

ResearchWill wrote: »

bath handle wrote: »

Devils have a right of audience in the courts from day one. The right of audience comes from the call. The rule about devilling is a law library invention.

You are correct, the only bar on work is that a devil may not take on a legal aid case in his or her first six months.

But yes there is no bar on a devil in his or her first day running a high or supreme court case, doubt it would happen but no bar.

The legal aid restriction is only a law library rule. The call to the bar is unqualified.

Milk & Honey

NoQuarter wrote: »

So in order for someone with the BL degree to go into an in-house firm and say 6 months down the line take a case for their company, what, after receiving the BL, would they need?

To be called to the bar obviously...
Indemnity insurance?
a gown?
library membership?

It is not known yet what conditions will apply to barristers who are employed, appearing for their employer.
Full time employment is regarded as inconsistent with membership of the Law Library, other than in a limited number of occupations such as law lecturing. Solicitors. all of whom have rights of audience in the courts are not allowed membership of the Law Library and it is possible even likely, that the Law Library will not allow membership of the Law Library to employed barristers.
There are serious practical difficulties arising from this. Someone in a commercial setting does not want to instruct a barrister only to find that an employee of a commercial rival has been sitting in the Law Library and in a position to learn sensitive information.