Protesting solicitors set to escalate strike action over legal aid dispute

Solicitors protesting legal aid reforms are set to escalate their strike action today, withdrawing from all work as their dispute with the minister for justice over a new payment scheme for criminal legal aid continues. 

Solicitors working in criminal defence have said they are withdrawing from all work from this morning, marking an escalation of their dispute with the justice minister over a new payment scheme for criminal legal aid.

More than 100 solicitors across Dublin, Cork, Galway and other jurisdictions last week wrote to the presidents of courts across the country, informing them of their intentions to withdraw from ongoing cases.

The withdrawal will include cases not yet affected, including those with defendants in custody or involving children.

Those acting for clients in custody must get the judge's permission before withdrawing their services.

Protesting solicitors will also withdraw from private criminal defence work. 

The protest, which began in July in protest against justice minister Jim O’Callaghan’s reforms of the free legal aid system, has caused widespread disruption to the courts system.

Defendants in custody requiring free legal aid have often been unable to avail of a solicitor.

Changes to the system have introduced a €520 flat rate for solicitors for a free legal aid case. 

Previously, solicitors were given roughly €240 for a first appearance for a client, and around €60 for every subsequent sitting.

Mr O’Callaghan said previous laws incentivised solicitors to draw out cases and collect additional fees, with the new pay structure intended to economise the legal system.

Protesting solicitors argue the changes were enforced unilaterally, and threaten the financial viability of their practices. 

They have called for further engagement with the minister, and for a partial return of the previous certificate system.

Tony Collier, a Dublin-based solicitor, said the new legal aid system “simply does not work.” 

“There's very little take-up on that legal aid model by solicitors across the country,” Mr Collier said on RTÉ radio’s Morning Ireland.

“The nature of criminal justice in Ireland is that most of cases are dealt with on legal aid… the vast majority of people coming before the courts are from a low socio-economic background,” he said.

“They've complicated issues around addiction, homelessness, and mental health-type issues, and the State is required, as a matter of constitutional law, to give those people a solicitor where they can't afford one themselves.

According to the Department of Justice, 150 solicitors are working in the new system, and that 75% of cases have concluded with just one court appearance, and 99% of cases have been finalised within five appearances.

Mr Collier disputed the figures.

“The minister, in a letter on October 7 to the Law Society, said that the majority of all cases were disposed of in one hearing,” Mr Collier said. 

“However, in a previous letter on the 15th of September, he said that 25% of all cases had already been disposed of, and 75% of those had been disposed of in one appearance. So, in my calculation, that means 70…75% of the 25% represents 19%.”