Attendees at an anti-Brexit event held in London on Friday heard the startling prediction that Britain may face an exodus of legal talent should a Brexit come to pass. According to Freshfields partner and Lawyers In For Britain chairman John Davies, barristers may flock overseas in order to maintain a presence in the European Court of Justice and an influence over European law. Indeed, there are reports from one QC that some lawyers have already locked in Irish qualifications ahead of time so that they're ready to make the switch if the 'Vote Leave' campaign is successful.
In the event of a Brexit, many UK barristers will be locked out of participating in the European Court of Justice by an EU law which states: 'Only a lawyer authorised to practice before a court of a Member state or of another State party to the Agreement on the European Economic Area may represent or assist a party before the Court [of Justice].' For lawyers and judges who have built careers practicing in EU jurisdictions and the ECJ, the hassle of re-qualifying and relocating outside of Britain may seem more than worth the while.
However, the viability of a cross-Channel switch will depend upon whether the UK remains subject to the EU's freedom of movement laws—or, on whether the Irish government decides to let them in. As Professor Steve Peers of the University of Essex explains, a barrister's ability to re-qualify will depend on 'whether the UK was still covered by this part of free movement law, although failing that it is possible that Ireland would take a liberal approach to allowing UK lawyers to qualify there as a matter of domestic law.'
With considerable uncertainty about the post-Brexit legal landscape hanging heavy above the heads of Europhile lawyers, many have opted to jump the gun and prepare for the worst now before Britain's legal standing in the EU changes. Henderson Chambers barrister Sir Alan Dashwood QC commented: 'Certainly some practitioners will re-qualify—indeed I believe some already have by way of insurance.' However, the outlook appears somewhat bleaker for the members of the younger legal set who had set their sights on practicing in Europe. 'I don't believe there would be much prospect for a young person starting at the Bar in the UK to build up an EU practice post-withdrawal,' Sir Allan added. Source: Legal Cheek
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