Legal Professions
The Irish legal profession is divided between solicitors (who concentrate on direct client work) and barristers (who specialise in advocacy and litigation).
Solicitors
Solicitors are regulated by statute, and the Incorporated Law Society of Ireland represents their interests. The majority of solicitors work in private practice and offer various legal services directly to the public and to business in areas such as buying and selling property, drafting wills, commercial transactions and family law issues. Solicitors also provide legal advice and represent clients, generally in the District and Circuit Courts. A smaller number of solicitors are employed by business or the State and are known as 'in-house' solicitors.
Barristers
The barristers profession is regulated by the Bar Council. Practising Irish barristers are members of the Law Library, which is attached to the Four Courts, and all members share the facilities and resources of the Law Library. Most barristers are practising barristers, who must operate as independent sole traders, with a smaller number of barristers employed by companies or by the State. The primary functions of barristers are the drafting of legal opinions on various matters, preparing court documents, negotiating settlements and representing clients in court (usually in the High Court or the Supreme Court). Barristers, other than in specific limited circumstances, may only take advocacy work (the pleading of a case in court on behalf of a client) on referral from solicitors.
There are two levels of practising barrister, namely junior and senior counsel. Senior counsel usually command higher fees than junior counsel, reflecting their greater experience and knowledge. Barristers in private practice operate a 'cab rank' rule whereby barristers must, if available and requested to work on a case, take the case on at their usual fee. This ensures that all clients are ensured access to the courts.
Barristers and solicitors undergo separate education and training, which reflects the different emphases in their work.