A barrister has said that Simeon Burke, in common with every new barrister, deserves a chance to be included in the Law Library – and has called on the Bar Council and the Minister for Justice to provide funding to ensure practising barristers can take on qualified pupils.
Darren Lalor, in a letter published in Irish Legal News, said that he is a “practising barrister since 2015” and that, “if properly paid” for the work he was doing in the criminal courts, “would happily share my experience with any qualified pupil/devil”.
Simeon Burke, who is a brother of Enoch Burke and a qualified barrister, wrote to the chairman of the Bar council last week complaining that he is being “effectively shut out” of membership of the Law Library – which means he cannot progress to practising as a barrister before the courts – because he cannot find an established barrister to take him on as a pupil or “devil”.
Mr Burke studied law at NUIG and Cambridge University, and then at the Honourable Society of King’s Inns where he won prizes and was called to the Bar (graduated) in first place in October 2023.
The Law Library produces a “masters list” of barristers who are willing to take on newly qualified barristers – called “devils” – for a year. That experience – “devilling” – is mandatory, and Mr Burke says he is being “shut out” of practising law if a barrister will not take him on.
In his letter, Mr Lalor says that fees are a barrier to a barrister taking on a student or ‘devil’ in the pupillage system.
“The Bar of Ireland rules currently require a master to pay the entrance fee and first year Law Library subscription on behalf of any new entrant to the profession. These are in excess of €3,500.00.”
“I could not afford to pay these given the current pay rates for legal aid work which are still at 2004 levels. With District Court pay rates as low as €27.72, how many cases would it take me to reach the threshold of €3,500.00?”
He says his “current Law Library subscription is €5,776, up 5.5 per cent from last year”.
“If the minister for justice, the Council of the Bar of Ireland and the LSRA want diversity, they must provide funding for financial diversity. Until then I cannot place my name on the list of potential masters,” he wrote.
He added that “every barrister” deserved a chance to participate in the Law Library, urging that the financial barriers be addressed immediately “to allow Mr Burke to take up his place”.
“Every new barrister, rich or poor, deserves her or his chance to be included and to participate in the Law Library. This matter must be addressed now to allow Mr Burke to take up his place in October,” the barrister wrote.
The Bar Council says it “is first and foremost the responsibility of the entering Pupil to secure a Master. It is not a matter for the Council of The Bar of Ireland nor the Committee Chairs to secure a Master for any Pupil”.
Last weekend it was reported that the Council publish a “register of Masters” and that “there are currently 174 on the register of which 18 are currently available”.
The dispute between Mr Burke and the Law Library has led to several high-profile and widely watched videos and responses being posted on social media. Mr Burke said he questioned the support expressed by the Minister for Justice, Helen McEntee, for inclusivity in the legal profession when he is, in his opinion, being blocked because of his religious beliefs.
He furthered published correspondence between the Bar Council and himself regarding the issue, and says he has written to the Minister for Justice on what he termed a “very urgent situation”.
