The Competition Authority found that the legal profession was in need of substantial reform. The profession has many unnecessary and disproportionate restrictions on competition; these need to be removed so that consumers can benefit from greater competition in legal services.  The report (published December 2006) made 29 recommendations to enhance competition in legal services.

The most important recommendation is the introduction of an independent regulator instead of the present system of self-regulation by the Bar Council and the Law Society. An independent regulator would be in line with better regulation principles and mirror reform in other sectors, including the legal profession in other countries. The Government has not yet implemented this recommendation.

The Law Society and the Bar Council have implemented many of the recommendations directed to them. For example, it is now much easier for barristers to switch to being solicitors and vice versa. However, our key recommendations have not yet been implemented, specifically:

• The Bar Council should allow direct access by consumers to barristers for legal advice; and
• Barristers should be allowed to operate in business groups or partnerships and not be confined to operating as a sole-trader.

A list of the priority recommendations not yet implemented is given below.

Unimplemented Recommendations