asked the Minister for Justice if his attention has been drawn to discrepancies between the District Court (Counsel Fees) Rules 1973 and the situation in practice where the Bar Council scale of fees is adhered to; if he will take steps to regularise the situation; and if he will make a statement on the matter.
Written Answers. - Bar Council Fees.
31.
The only counsel's fees that the District Court can allow when awarding costs to a successful party in that court are the fees set out in the District Court (Counsel's Fees) Rules, 1973. But the court must certify that the employment of counsel was necessary before it may include a fee for counsel in the award of costs in District Court proceedings.
I am not aware of any attempt by the Bar Council to introduce a scale of "party and party" fees for District Court cases i.e. the fees which the Court in awarding costs would order the unsuccessful litigant to pay to his opponent. The policy generally has been to discourage counsel from appearing in the District Court. Accordingly, the fees provided for in the above rules are nominal ones. I understand that, in practice, counsel rarely appear in the District Court.
While I have certain functions in regard to costs which an unsuccessful litigant may be ordered to pay, I have no control over the fees which lawyers charge to their own clients, in connection with cases in any court.