Solicitor Senior Counsel

Solicitor Senior Counsel – A GAME CHANGER?

Kevin O’Higgins tracked down our celebrated colleagues to understand why they seized the opportunity to make legal history

When then Minister for Justice Alan Shatter set about (allegedly in his kitchen) drafting the Legal Services Bill in or around 2012 very few would have expected that among its radical proposals would be an enabling provision entitling solicitors to apply for the so-called grant of precedence or Senior Counsel. is detractors (allegedly from the ar) ridiculed the provision and styled it as self promotion for the former solicitor’s ambitions after politics to apply for and become the first Solicitor Senior Counsel.

It is fair also to acknowledge that such a provision was not something on the Law Society wish list and so when it emerged in the Bill it was a welcome surprise. Yet, one wondered what, if any, take up there might be for it. For decades we had seen our branch of the profession overlooked for udicial appointments – particularly in the Superior Courts and statistically very few solicitors were applying. This is changing and for sure, the emergence of the Solicitor Senior Counsel brand will herald a more confident profession, imbuing a new found equality of esteem between the Bar and ourselves and the clients for whom we serve. A clear recognition that, while we offer something different to the ar, we also offer excellence.

Yet the brave 47 or so of our colleagues who applied for the position of Senior Counsel would have had a pretty high octane uly of 22 with the cut-off for applications at the end of that month. For the application process and completion of the application form is not for the faint hearted. One of the questions alone posits:

Please give a brief description of your current legal role, including an overview of the main types of cases you have been involved in over the past 5 years, the percentage breakdown identifying courts and urisdictions e.g. Irish Supreme Court , Irish Court of ppeal , Irish igh Court and EC and any specialisms. Please list below a minimum of to a maimum of reported cases in which you have been involved recently.

And without question there is nowhere to hide, as each applicant has to bear their soul, but more particularly, back it up with vouched corroborative material of proven excellence in their particular sphere. One such application ran to a thousand pages. So hats off to all those who applied and for the 1 of our colleagues who, on this occasion, were successful. As the President of the Law Society ichele oyle remarked:

This is a significant moment in Ireland’s legal history. I warmly congratulate each colleague who has been deemed to demonstrate the standard of excellence required which entitles the solicitor to use the designation senior counsel. It is an important achievement, both for the individual solicitors and for the profession as a whole.”

The 17 who had a fretful Summer were Éamonn

Conlon, Paul Egan, Patrick Groarke, Richard Hammond, Bill Holohan, Áine Hynes, Liam Kennedy, Rory Kirrane, Cormac Little, James MacGuill, Roger Murray, Helen Noble, Bernard O’Connor, Vincent Power, Dara Robinson,

Michael Staines and Damien M.P. Tansey. Six of the solicitors work for some of Ireland’s biggest law firms – Éamonn Conlon, Liam ennedy and incent Power are partners at A L oodbody, Rory irrane

Kevin O’Higgins is principal of Kevin O’Higgins Solicitors. He is a former President of both the Law Society and the DSBA. He is a former editor of the Parchment

Áine Hynes Helen Noble Richard Hammond Patrick Groarke Bill Holohan

Paul Egan Rory Kirrane Dara Robinson Michael Staines Damien Tansey

Vincent Power Cormac Little Liam Kennedy

and Paul Egan are senior partner and of counsel respectively at ason ayes Curran LLP, and Cormac Little is a partner at illiam Fry and ead of Competition Regulation. ut its not ust the large offices. Take elen Noble, for example, a sole practitioner in Arklow with a specialism in Maritime and Transport Law. Richard ammond, a well known Co Cork based succession law specialist while Roger urray and amien Tansey are Roscommon and Sligo based litigators and experts in the medical negligence spheres. ara Robinson and ichael Staines are among the foremost criminal law practitioners in the country.

So I thought I would have a word with as many of them as I could and put a few burning questions to them. Most of them were able to come back to me but as our publication deadline was tight I haven’t caught up with them all. This is what they say:

1. What were the factors that motivated you to apply for the title of Senior Counsel?

Áine Hynes I have endeavoured to apply an approach of continuous improvement in my practice as a solicitor. I have also always loved a challenge – most of my holidays are spent rock climbing and scaling mountains. This first opportunity for solicitors to apply for Senior Counsel was just such a challenge and I was delighted to apply.

It is vital that female solicitors feel just as empowered to take on challenges as their male colleagues – I have been a mentor on the Law Society

omen In Leadership Programme for many years. Im delighted to be among the first women solicitors to use the title Senior Counsel and humbled that the Advisory Committee; comprised of the Chief Justice, Presidents of the Court of Appeal, the igh Court, the Attorney eneral, representatives from the Law Society, the ar Council and the public; have recommended me for this Patent of Precedence.

Helen Noble I have practised in maritime law for over 25 years and the title of Senior Counsel to me was the ultimate recognition that I am a senior lawyer in this field. Richard Hammond hen the call for applications was issued, I was contacted by a number of colleagues, both solicitors and barristers, encouraging me to apply. As solicitors we are often told that the reason there are fewer solicitors appointed to the High Court and Court of Appeal, is because not enough solicitors apply. I decided that whether successful or not, I did not want to be hearing the same refrain in relation to Senior Counsel.

Patrick Groarke The main factor was undoubtedly the fact that this was the first occasion upon which solicitors could apply for a rant of a Patent of Precedence. To be successful, the applicant had to show established skills in advocacy and/or proven areas of speciality.

It is vital that female solicitors feel just as empowered to take on challenges as their male colleagues

The granting of a Patent of Precedence to solicitors recognises the very high professional standards achieved by solicitors and the important role which they play in the legal profession

To be amongst the first tranche of solicitors whose applications were successful is a very special experience. The granting of a Patent of Precedence to solicitors recognises the very high professional standards achieved by solicitors and the important role which they play in the legal profession.

Bill Holohan The fact that there would be recognition of the fact that solicitors are every bit as expert and knowledgeable as barristers.

Paul Egan I have specialised in company law and securities law and their application to corporate transactions for more than 30 years. I saw the Patent of Precedence as an opportunity for validation of that specialisation.

Rory Kirrane Over the last 15 years as I developed a practice in the construction and energy sectors, advocacy in arbitration and A R (alternative dispute resolution) has been a significant feature. That, and the specialism in those areas, prompted my application.

Dara Robinson I was encouraged to apply by people close to me in part as recognition of many years of legal practice at a very high level and in part as another significant accolade for the firm where I spent most of my working life. Michael Staines I have always believed that solicitors can achieve the same level of competence as their barrister colleagues. They pass the same examinations in college and must pass professional examinations that are at least as tough as those for barristers. I have always contended and stated my belief to anybody who would listen, that there was no logical reason why solicitors should be prevented from becoming Senior Counsel. hen the opportunity arose, I had no hesitation in applying.

Damien Tansey This was a unique and historic opportunity for solicitors. Never before were solicitors eligible to be appointed Senior Counsel. Though I am 40 years in practice this year, I remain ambitious and hungry for advancement and progress within Damien Tansey Solicitors. nly this week we opened a new office at 4 erbert Street, ublin. I felt that having the firms Senior Partner a Senior Counsel would be a significant advantage in that endeavour.

Almost all of my experience has been in the area of Litigation, most especially in the complex field of edical Negligence. uring that time, and through the medium of the thousands of cases I have pursued in all of the Courts from the District up to the Supreme Court, I have a proven track record in Advocacy and Litigation. iven the said experience, I felt I was well ualified to become a Senior Counsel.

Vincent Power I was aware that solicitors could now apply after 300 years but I had no plans to do so. However, a friend nudged me and when I chatted with some other friends, it sounded very worthwhile. Indeed, given the work that the Law Society, the irector eneral and various Presidents had done to get the opportunity, it would be a shame if there were not many applicants.

Cormac Little In June, I learnt through the Law Society aette and the press that the relevant provisions of the Legal Services Regulation Act 215 had been brought into force and that an Advisory Committee had been established. I then reviewed the application form for a Patent of Precedence (available on the LSRAs website) and saw that my professional activities and experience was responsive. hile it was a step into the unknown, I decided to put myself forward for consideration.

Liam Kennedy I was involved in the Law Societys task force dealing with key issues in the LSRA Act, including the introduction of LLPs. The Act allowed solicitors to become senior counsel for the first time. Since the Law Society had campaigned for this over the years, it was important that solicitors should avail of the opportunity.

2. Was your application based on established advocacy or a proven specialism? If advocacy based do you intend, in your practice, to bring that to a level on a par with the Bar?

Áine Hynes I have had the great privilege in assisting vulnerable clients in my practice as a solicitor and have developed a specialism in Mental Health and Capacity law. This formed the basis of my application.

Helen Noble Proven Specialism.

Richard Hammond I describe myself as a succession law enthusiast and whilst I have on many occasions undertaken my own advocacy in the High Court, my application was based on my specialist knowledge in the area of succession law. If any solicitor is appointed on the basis of advocacy, then such appointment will show that they are already on a level with advocates in the other branch of the legal profession.

Patrick Groarke My application was based on both established advocacy and proven specialism. I will continue to advocate in those areas in which I believe I have a proven specialism. I do not see myself as being in competition with the Bar.

Bill Holohan hile I have argued cases myself in every court up to the Supreme Court (the Court of Appeal excepted) it was not on the basis of advocacy alone that I applied. The 2015 Act allows for application on the basis of:

i competence and probity, ii professional independence, and iii one or more of the following I a proven capacity for ecellence in the practice of advocacy; II a proven capacity for ecellence in the practice of specialist litigation; or III specialist knowledge of an area of law” I applied on the basis of ticking all the boxes and the Advisory Committee recommended my appointment on the basis of having "demonstrated compelling evidence of excellence".

Paul Egan My application was based on my specialisation in company law and securities law.

Rory Kirrane It was based on specialism in construction law, advocacy, and also specialist construction litigation. I practise both contentious and non-contentious construction and energy law. Advocacy – often against members of the ar - is an important area which I intend to develop further, certainly in arbitration and adjudication at present. The Bar provides an important and skilled service to clients with respect to advocacy in Court, and is set up to do so.

Dara Robinson Although I have many years’ experience of advocacy, in recent times I have withdrawn from that activity and the younger members of my firm have taken over. I have instead focused on advice and preparation in relation to generally more serious matters. The best advocates at the Bar have been on their feet regularly in the highest Courts for decades and I don’t think at this stage of my career that I can realistically aspire to that outstanding level of advocacy.

Michael Staines My application was based on the fact that I have been an established criminal law solicitor and advocate for 40 years and the fact that I have specialised in both Criminal and Regulatory Law. I have also practised as an advocate in other areas when necessary. I will continue to be both an advocate and an advisor in those fields in the future and I will continue to appear before all Tribunals, just as a Barrister would.

Damien Tansey My application was based on my proven track record in Advocacy and Litigation, particularly in the highly specialised area of Medical Malpractice.

On many occasions during my professional life, because of a fearless and independent streak in my makeup, I have brought major claims against large institutions or other powerful interests; I have also acted for those who would otherwise have had little prospect of gaining access to justice.

I was the architect of the seminal case of Attorney eneral ( c arry) -v- Sligo County Council 1991 1 IR 99. In this case the Supreme Court granted an Order restraining Sligo County Council from constructing a landfill dump within 1 metres of the famous Neolithic Tombs at Carrowmore, the Plaintiffs having failed initially before c illiam J. in the High Court. The case itself is notable as an example of one where local residents took on the Council to stop a manifest departure from the terms of the Councils own evelopment Plan and the effective desecration of a maor National onument. hile the case is notable as illustrating the importance of the evelopment Plan as being in effect a type of Planning Contract between the Local Authority and the community, it was also in a sense one of the first examples of nvironmental Litigation of a kind which, at the time, was almost non-existent. Vincent Power n the first uestion, I have undertaken some advocacy before EU and national institutions but the application was primarily specialisms-based. n the second question, it is important to recognise that there are expert advocates at the Bar and the conferring of a title is not going to automatically change that. Everyone in the profession has different skills and I will continue instructing advocates and experts at the Bar.

Áine Hynes SC – at the top of her profession

Even within the Bar, whilst advocacy is core, a Senior Counsel is someone with experience and expertise who may be relied upon for good guidance

Cormac Little My application was based on a specialist knowledge of EU law focusing on merger control, competition, State aid, public procurement, general and regulatory law and A LCFT rules. Liam Kennedy y application was primarily specialism-based, reecting my experience and expertise in large scale commercial litigation, including international litigation. I dont see the title as changing my recourse to the ar. Like other litigation solicitors, I would frequently brief barristers, and I will continue to rely on their expertise in many areas, especially advocacy. e all have different skills and I will still rely on the ar (and other solicitors) as appropriate. 3. What differences do you think it might mean for you in practice?

Áine Hynes As solicitor senior counsel are not called to the inner bar, I do not anticipate any significant changes in my practice or to my firm. I gave very strong consideration to this issue prior to applying.

Helen Noble For my clients it is a recognition that they are engaging one of the foremost and senior solicitors in the field of maritime and transport law in Ireland. I believe it will result in increased business particularly as an expert within this field. Richard Hammond Perhaps the most denigrating question that can be, and is often, asked of a solicitor is “would you not consider going on to be a barrister?” I always respond with “that is like asking a doctor would she not consider going on to be a dentist!” Opening up the status of Senior Counsel to solicitors is undoubtedly a positive development. Even within the Bar, whilst advocacy is core, a Senior Counsel is someone with experience and expertise who may be relied upon for good guidance. Now solicitors about whom that can be said, have a means of demonstrating the attainment of those traits. e will have to wait and see what difference, if any, that makes in practice; though I anticipate that it will help promote the succession law consultancy work that I undertake for other solicitors.

Patrick Groarke Probably none.

Bill Holohan It has already led to a few requests for expert opinions, presumably on the basis that the opinions look better when they end with the magic words Solicitor and Senior Counsel”. It has also led to a few more requests for me to act as a mediator and arbitrator.

Paul Egan It provides some extra incentive and reassurance to those who might instruct me, particularly in opinion work. I have for some years been instructed to provide opinions by other solicitors. Solicitors who might seek a (barrister) Senior Counsels opinion on knotty legal issues now know that there are solicitor Senior Counsel with specialised competence in particular areas.

Rory Kirrane The role of solicitor Senior Counsel is in development and to some extent it will be what practitioners make of it. The role will increase my concentration on the higher value and more complex work.

Dara Robinson It’s too early to say but reasonable to assume that I will tend to delegate less serious work and focus on the more serious.

Michael Staines None really. I will continue to be an advocate when the occasion arises. There may be a slight difference. Solicitor advocates were open to the criticism, particularly if the case did not go so well, that they should have briefed a barrister. There was a fear that one might be considered negligent for not having done so. This new status should hopefully end that apprehension.

Damien Tansey No change. I am the Senior Partner in the firm amien Tansey Solicitors. My two Partners are my two sons Ciaran and Niall. All of the Solicitors in my Practice engage regularly with a very talented Panel of Barristers and my intention is to continue to operate that model.

Vincent Power For all recipients, it is an honour and distinction which should be treated with respect and dignity. It should be a recognition that one has arrived at the standard requisite to be an SC but there is no resting on laurels. I hope more colleagues across the country obtain it so that it will be less of a rarity. Personally, I see it as a great and valued honour.

Cormac Little For starters, being an SC will allow me to continue the development of my current areas of specialism listed above. I also regularly advise clients in the area of regulatory investigations that potentially lead to civil penalties (including court-endorsed fines). eing an SC should allow me to continue the development of this area of practice given that Id like to think Id have the credibility to represent clients in oral hearings before the relevant decision-making bodies without instructing a barrister. Finally, I’ve been fortunate to plead before the Luxembourg-based courts in the past and this is an area in which I look forward to deepening my expertise.

Liam Kennedy I appreciate the honour and I think it is an important recognition of the importance of our role as solicitors. Barristers and solicitors should operate as a team, on behalf of the client. e are all professionals subect to the same ethical obligations and we should treat each other (and our opponents) with respect and courtesy irrespective of seniority or titles. I don’t expect that it will fundamentally change my role. Nor unfortunately will it necessarily improve the quality of my legal analysis, but it is a welcome recognition of the role

which I and other solicitors play in representing and advising Irish clients.

4. It is reported that up to 47 solicitors applied for the grant of Patents of Precedence of which you and 16 others were successful. What advice would you give to those who didn’t make it on this occasion or to those who might aspire to applying when the opportunity next arises?

Áine Hynes It was a comprehensive application process where the criteria and requirements were clearly set out. I endeavoured to provide evidence of my experience to meet the criteria on the assumption that a scoring system would be applied. My application included copies of articles and presentations and ran to over 1000 pages.

Helen Noble Take considerable time over the application.

Richard Hammond If you believe you fit the criteria, be sure to include everything that can objectively demonstrate your accomplishment. The application form is not the place for reticence.

Patrick Groarke If you have applied and you were not successful, you are only too familiar with the application form which is not for the faint-hearted If it is your intention to apply on the next occasion, you should download and familiarise yourself with the form and be mindful of the high standards that are expected of you.

Bill Holohan Apply. Remember: dumb priest will get no dues” and If at first you don’t succeed, try try again.”

Paul Egan Read the application form and the uidance for Applicants thoroughly and ensure that every point is addressed.

Share your application with your referees, who will provide invaluable insight and advice about what is relevant and what is not.

Rory Kirrane It was a challenging process, so firstly my commiserations to disappointed colleagues. Take on board the Advisory Committee’s feedback and focus on demonstrating the case with concrete examples.

Dara Robinson It is difficult to answer this uestion without information on those who applied and were not successful and why they were not successful. It does seem that the rate of unsuccessful applications was rather high and this suggests that the bar has been set at a significantly elevated level, possibly more elevated than that for L aspirants. f those successful solicitor applicants who I know personally, about half of the group, I believe they would all be acknowledged by their peers as leading experts in their chosen field. That being so it is difficult to say what factors beyond a lengthy and diligent period in practice will tilt the balance.

Michael Staines To become a Senior Counsel you have to become an established advocate or have developed a specialism. I have met solicitors who have impressed me with their in-depth knowledge of their subect. I am therefore surprised when they inform me that they must brief barristers for the Court or Tribunal hearing. They perhaps fear appearing before a Tribunal and also, perhaps, they welcome the comfort of having someone else in the front line. I would advise Solicitors to appear as often as they can before the Courts and to become specialised in the area in which they practise.

Damien Tansey For those applicants who apply to be appointed as Senior Counsel, I would advise them to address the specific Statutory Criteria prescribed by Section 1 of the 2015 Act.

This provides that applicants must demonstrate a degree of competence and probity, professional independence, a proven capacity for excellence in the practice of Advocacy, excellence in the practice of specialist Litigation, specialist knowledge in an area of the law, integrity and probity and overall suitability.

Vincent Power o try again – very few know if you had applied before. I really would like to see more female applicants – this was the one disappointment about the 2020 group. Start on the process now by reading the application form and jotting down ideas. I had about two weeks to prepare but it needs reection. ive plenty of time to completing the form – the applicants next year will hopefully not have a Lockdown to help Cormac Little 22 was obviously the first year in which solicitors could apply. Therefore, it was difficult to predict how the evaluation process would unfold. That said, the first port of call for any potential candidate should be the application form. I would recommend any wouldbe applicant to review this document very carefully. The form seeks detailed information regarding your career history, your professional experience/cases, your legal publications/ speaking engagements allied to any involvement with relevant committees/associations. n studying the application form, if a solicitor finds that he/she has lots to say regarding the majority, if not all, of the relevant headings, I would encourage him/ her to submit an application.

Liam Kennedy

It was difficult on this occasion because it was the first time and no one was sure of the ground rules. The applications had to be submitted in a short timeframe. I suggest candidates should review this years application form now and start gathering evidence well in advance to show how they meet the criteria. I can think of many solicitors who would be eminently ualified and I hope they go forward over the next couple of years, particularly many more women solicitors. P