Sir, – Your recent editorial "The Irish Times view on legal services: breaking the monopoly" (December 3rd) lambasted the legal profession, which is essentially accused of mounting a conspiracy against change, clinging on to a "slow, antiquated and inefficient system".
The Irish Times is not alone in its low estimation of the legal profession. But is the analysis not overly simplistic?
The judiciary has been calling out for the appointment of more judges for years. More and better courthouses are badly required. The Courts Service, which is the public body that manages access to our courts, is underfunded and understaffed.
Regrettably, this all stems from a view held by those that control the purse strings that the justice system can take the hit. But it cannot. The justice system is suffering. Lawyers are an easy target, but we should not be blamed in isolation. We are mere players in a much bigger game. Regulating lawyers and “breaking the monopoly”, as you put it, will only get you so far.
It is no coincidence that private justice, through mediation or arbitration, is more efficient. The parties are given a free rein on the procedure in which their dispute is to be resolved. They control the timeline and can better control the expense. Engaging in litigation is different. You agree to be bound by the rules of the court and you compete for court resources among all the other litigants. Simply put, many of the rules that seem alien to the public which cause delay and needless expense are based on budgetary considerations and the fair allocation of scarce resources among the participants. The less resources, the worse off the system.
Everything becomes slower, more costly and more difficult to enforce. Ireland is no different. If we want to take pride in our justice system, not only for the outcomes it delivers but the way it delivers them, then there must be more consistent action and increased funding from our politicians.
This newspaper might consider holding our elected representatives to account for the historic and systemic neglect of our justice system instead of engaging in anti-lawyer rhetoric. – Yours, etc,
RAPHAEL O’LEARY,
Barrister,
Law Library,
Dublin 7.