NIAMH HOWLIN
Four Courts Press
€55
ISBN 9781801510844
Reviewed by James Meighan
James Meighan is a solicitor and a Ph.D candidate at the University of Limerick.
This book considers various aspects of the profession of barrister in Ireland. It is timely in that it encapsulates the evolution of the practice, side by side with the development of the new state, from 1921 onwards. Of course, the profession of barrister was not created upon the inception of the Irish Free State. In fact, the King’s Inns, the institution charged with the education of would-be barristers, is very proud of its history, dating back to the reign of Henry VIII in 1541. The author picks up the story in 1921 and, as she acknowledges, builds on a strong tradition of scholarship on the Irish legal professions.
The Bar may have its critics who point to the apparently arcane manner in which the profession conducts its traditions, wearing wigs and robes, as well as the somewhat unusual communal dining. There can be no doubt, however, of the ground-breaking advances made at the opening of the new legal term in January 1922 when Frances Kyle BL and Averil Deverell BL became the first women to be called to the Bar in either Ireland or England. This advance was facilitated by the enactment of the Sex Disqualification (Removal) Act (1919). While it would be naive to argue that the profession is closed to all but the most affluent, particularly in the 21st century, one of the contributors noted that ‘When I came to it there were a lot of public schoolboys, there was a lot of Clongowes, Glenstal, Belvedere, all protected, straight from public school into the Bar [who] soaked up all the tradition’. While each barrister is self-employed, they do not enjoy the comfort and support of being part of an organisation, for example a law firm or the chambers system for barristers in operation in other jurisdictions. Nevertheless, the Bar has operated a tradition of collegial support, as one contributor to the book notes: ‘It was a tradition at the Bar … that you could ask anybody any question and it was his or her obligation to stop what they were doing and to answer it if they could’. While competition between members is expected, given that they may be direct competitors, the collegiate support appears to run deep within the fabric of the institution.
In a very interesting chapter, the author examines the working lives of barristers, from their professional attire to the nature of the work undertaken. The book portrays the unvarnished truth of the difficulties of making a living at the Bar. Some members may practise for years before they are in a position to earn a livelihood, as noted by the author: ‘Many barristers experience lean years while they establish their practices, and the sense of financial precarity often stays with them throughout their careers’. The barrister’s relationship with clients can in part explain these financial woes. The rules of practice mandate, in the main, that the barrister would be briefed by the solicitor and the solicitor would be responsible for securing payment not only of his or her fees but also of the barrister’s fee—the barrister is not part of the financial equation.
The book sets out in some detail the ‘camaraderie’ and ‘communal life’ of the practising barrister on circuit. While practising on circuit was an expensive endeavour, including transport and hotels, the social life was a vital aspect of the process. As noted by the author, towns on circuit where barristers dined together were known as ‘mess towns’, and to advance in the profession it was often seen as an obligation on the barrister on circuit to engage in the social life in the ‘mess town’.
The book considers certain contributions of members to public life. The author makes a number of interesting observations, including that four out of the ten-man committee that drafted the Irish Free State Constitution were barristers and that the primary architect behind Bunreacht na hÉireann, John Hearne, was also a member of the profession. The author goes on to point out that three Irish presidents were barristers—Cearbhall Ó Dálaigh, Mary Robinson and Mary McAleese. The office of taoiseach was occupied by no less than six barristers, and a significant number held senior ministries in most governments since the foundation of the state. The book points to the link between the Bar and broadcasters, journalists and commentators, including Colum Kenny, Vincent Browne and a music programme entitled In the Mood hosted by Mr Justice Connor Maguire (former Chief Justice) following his retirement. Finally, the book considers the international impact of certain barristers called to the Irish Bar, including Seán McBride and Peter Sutherland.
This is not a legal textbook and does not consider important judgements. In a sense it is a social history, concentrating on the lives and practices of members of the Bar. Posterity owes a debt of gratitude to Dr Howlin, for without her painstaking research the stories and meanderings of a variety of practitioners would have been lost with the passage of time. This research is vital not only to underpin the basis of the work and aid its credibility but also to add colour and animation to the characters and events. This is an excellent book and will be of interest not only to lawyers but also to anyone interested in the development of the Irish state from its foundation and the impact which one professional body had on its evolution.