Dozens of solicitors walked out of District Court rooms on Wednesday in protest over the introduction of a controversial new payment system for criminal legal aid.
In Dublin up to 60 solicitors left the Criminal Courts of Justice, the country’s busiest courthouse, amid the deepening row with the Minister for Justice Jim O’Callaghan who has pushed the reform through.
The move came at the beginning of a serious alleged arson case involving a man, entitled to free legal aid, and accused of a petrol bomb attack on a mosque in Dublin.
Solicitor Tracy Horan told Judge Michele Finan she had acted for the accused but regretfully could not represent him now as a result of the ongoing dispute.
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Under the new payment model solicitors will receive a flat one-off legal aid fee of €520 irrespective of how many appearances they make to represent a client in District Court cases.
“As you will be aware, there is an ongoing and significant dispute,” Horan told the judge. “Despite sustained efforts by the Law Society of Ireland to engage constructively on these matters, the new arrangements have been introduced without meaningful consultation or agreement.
“In those circumstances, and until such time as the Minister engages constructively with the Law Society of Ireland with a view to resolving the issues arising, I regret that I am unable to accept assignments under the new scheme.”
Finan told her she was aware of the position and that the court knows “it is the very last action that any individual solicitor here wishes to take.”
Dozens of solicitors were present in the packed courtroom in support at the time, and all then walked out of the building.
In Cork about 50 solicitors are on the legal aid panel. On Wednesday morning at the Anglesea Street Courthouse in the city about 20 left the building after informing judges they were withdrawing from the panel.
Solicitor Frank Buttimer told incoming Judge David Waters it was a “source of deep regret” but they had been left with no alternative.
“We appreciate the disruption it will cause to the courts, but we believe it is not of our making as we have been forced into this position,” he said.
Buttimer said the only way to resolve the issue was for O’Callaghan to negotiate an agreement with the Law Society, the solicitors’ representative body.
The walkout meant all criminal cases in Cork District Court and Cork Circuit Criminal Court were adjourned.
The Department of Justice said the Minister had signed off on the new regulations on Monday following “extensive engagement” with the Law Society and the Bar Council.
“The one flat fee of €520 will be paid for representation from beginning to end of a case. This will remove the link between payments and the number of appearances, or defendants represented on a given day,” it said.
“This reform will simplify administration, incentivise timely case resolution without affecting quality of representation, protect access to justice, and ensure fair remuneration for legal practitioners.”
Simultaneously, an 8 per cent increase in criminal legal aid fees is to apply for cases heard in the Circuit and higher courts.
The Law Society has described the fee measure as a “cost-cutting exercise dressed up as reform” and is based on “flawed assumptions” from the Department of Justice. It said solicitors were angry at how the department has handled the situation.
“The Law Society’s position is unchanged and clear: any reform of criminal legal aid should be workable, fair and evidence based. This proposal is none of those things and the fundamental concerns the Law Society has outlined have not been addressed.”
