Solicitor not entitled to two separate legal aid payments over client

A solicitor is not entitled to two separate payments under the free legal aid scheme for a client whom he represented in relation to two separate alleged crimes, the High Court ruled.

Mr Justice Charles Meenan refused to quash a District Court judge's decision to simply extend a certificate approving payment to the solicitor, Aonghus McCarthy, rather than grant two separate payment certificates.

Under the free legal aid scheme, a solicitor granted a legal aid certificate is entitled to payment of €201.50 for a first appearance in cases before the District Court with a payment of €120.88 in relation to each subsequent case. A refresher fee of €50.39 is paid for subsequent days of hearing.

In April 2015, the solicitor's client appeared before Dublin District Court charged with assault and breach of the peace at a shop in Store Street, Dublin.

He was bailed to appear in court again a week later but failed to do so. A warrant was issued for his arrest and, on the same day the warrant was issued, he was again arrested in Clontarf and charged with theft from another shop. He was also charged with failing to answer his bail in relation to the first charges.

When he appeared in the District Court the next day, having been held overnight, he was granted free legal aid on all the charges now against him.

The solicitor chosen by him later asked the District judge to assign a separate legal aid cert to cover the second set of offences, but the District Judge refused saying “one certificate is enough”.

Second certificate

The solicitor challenged that decision in the High Court where it was argued he was not looking for a second certificate in relation to the same prosecution but rather a certificate in relation to a separate and distinct prosecution. The State opposed the challenge.

Mr Justice Meenan found the decision of the District judge not to grant a separate legal aid certificate in this case was in accordance with law. The District Judge did not have legal authority to act otherwise, he said

In reaching his conclusion, Mr Justice Meenan said, he appreciated that a single certificate decision could result in the solicitor having to do a significant amount of professional work for little return.

This factor would have been mitigated by the fact the client pleaded guilty, he added.