Irish Lawyers Thrust Into Legal Limbo

BY LLOYD GORMAN

Exactly 100 years ago (June 1920), Irish lawyers were in unchartered territory and unsure of the legality of the changed circumstances Ireland found itself in, as this piece published recently by The Law Library of the Bar of Ireland shows. “In 1920 the War of Independence was raging across the country and the Irish bar was not unaffected by events,” the Law Library article states. “At a meeting of the Council on 23rd June 1920 one issue in particular was to put barristers at the centre of the struggle between those who would retain the current status quo and those who were looking to create a new Ireland. The issue was the newly established tribunals, later known as the Dáil Courts, and their effect on the practice of barristers at the time.

Bottom: The Four Courts in Dublin as it appears today. Inset: The bombardment of the courts in 1922. “The tribunal referred to here is a reference ad hoc tribunals set up by local leaders within communities to arbitrate disputes where people no longer wished to go through the court system. Throughout 1920 groups of volunteers within communities all over Ireland began to come together to form policing groups, taking on roles previously carried out by the Royal Irish Constabulary such as dispersing riots, policing fair days, investigating criminal acts and conducting trials. By May of 1920, Austin Stack, under the auspices of Dáil Éireann, had circulated details of agreed arbitration procedures to be organised in districts and parishes throughout Ireland. These would become known as the Dáil Courts. It seems that in June 1920 a barrister approached the Bar Council to find out if it was lawful or otherwise for barristers to appear before one of these ‘tribunals’. The Council contacted the Attorney General, Law Advisor to the Lord Lieutenant of Ireland and the Solicitor General for their opinion and were informed by telegram that each felt that barristers appearing such a tribunal ‘are guilty of professional misconduct’. Interestingly the Incorporated Law Society of Ireland at the time resolved that they saw no objections to solicitors appearing at these tribunals to protect their clients interests. The Bar Council resolved on 23rd June 1920 “that it is professional misconduct on the part of any member of the Bar to appear before such tribunals.”

Four Courts in firing line Much worse was to come. The Irish Civil War started with an attack on the institution of the Irish courts service. On April 14 1922 the Four Courts in Dublin - home to the Supreme Court, Court of Appeal, High Court and Dublin Circuit Court, which were preceded by the Chancery, King’s Bench, Exchequer and Common Pleas - was stormed and occupied by some 200 “irregular” soldiers, - including Sean Lemass, a future Taoiseach (Prime Minister) opposed to the 1921 Anglo-IrishTreaty (declared law on December 6 1921 by

a royal proclamation) that had ended the War of the dome and leaving the famous Roundhall, the Independence and created the Irish Free State. beating heart of the barrister’s profession since 1796, Seizing the courts building was a direct challenge to the authority of the freshly minted pro-treaty Irish government. English PM Winston Churchill said it violated the terms of the Treaty. The fledgling Irish administration came under intensive pressure to dislodge the rebels but Michael Collins, who had helped broker the treaty and was in charge of the ‘regular’ Irish army, resisted moving against them, conscious that doing so would ignite full blown civil war. But an escalation of events on June 22 (an assassination of one of Britians highest ranking WWI officers and the arrest by Four Court “irregulars” of the Free States’ Deputy Chief of Staff) proved to be the breaking point. in complete ruin. An inspection of the buildings in the aftermath recorded that the Law Library was ‘completely destroyed’. As a result the Bar moved to temporary accommodations in the King’s Inn where on the 14th July the Bar Council had its first meeting since April. From the Inns the Law Library was moved to Dublin Castle, specifically St. Patrick’s Hall, where they began the overwhelming process of rebuilding a library that had taken 106 years to create. The profession today may take solace in the solid foundations laid down by past colleagues and take pride in the resilience of the Bar through the ages,” the Law Library added. It took ten years to rebuild the Four Courts to the building as it stands today. But much of the original A last ditch offer on June 29 to evacuate the building lavish interior decoration of the courts complex was was ignored and the next day Free State forces armed never replaced due to a lack of archival information with two British Army 18 pounder field guns and and lack of funds. artillery began shelling the historic building. All criminal trials moved from the Four Courts to “A loud explosion was heard as the Public Records the Criminal Courts of Justice near the Phonexi Park Office, containing seven centuries of Irish history, when it opened in 2010. A new €140 million dedicated was destroyed,” the Law Library of the Bar of Ireland Supreme Court building - with 21 courtrooms, 30 said in a series of tweets to mark the recent centennial judge’s chambers and 31 consultation rooms for anniversary. “The main Four Courts building was solicitors and clients - is due to open at the nearby taken down by a second explosion, collapsing Hammond Lane location this year. Wo m e n i n e ad e rs h i p  o T h e ACC Em e rald e ad e rs h i p  ro gram p re s e n t s B O O K N O W ! h t t p s : / / b i t . l y / I A C C e m e r a l d 2 0 ru m Wednesday 15th July, 7:00pm AEST Gabrielle Williams MP Martina Crowley Deirdre O'Donoghue Kayleigh Gartland Supported by: www.irishchamber.com.au @IrishChamber Irish Australian Chamber of Commerce @IrishChamber THE IRISH SCENE | 17