Chair of Bar Council says bottlenecks across legal system will grow as solicitor strikes continue

Solicitors have been on strike since reforms to the free legal aid system came effective on July 1 

The Chair of the Bar Council of Ireland has warned that a bottleneck of cases and disruption across the court services will continue as solicitors continue to fight changes to the free legal aid model. 

The Chair of the Bar Council of Ireland has warned that a bottleneck of cases and disruption across the court services will continue as solicitors continue to fight changes to the free legal aid model.

Seamus Clarke, Senior Counsel, said family law disputes, domestic violence cases, and cases with particularly vulnerable victims were already waiting a year for their cases to be heard.

Solicitors across the country have been on strike after reforms introduced by justice minister Jim O’Callaghan became effective on July 1. 

The changes replaced a pay model where solicitors were compensated for individual court appearances, and has now been replaced by a flat fee of €520 for every individual case.

Mr O’Callaghan has argued the previous system incentivised solicitors to draw out cases and led to ballooning legal aid claims at the expense of the taxpayer. 

Solicitors claim the changes have been pushed through unilaterally and will render their practices unsustainable.

The strikes have meant that droves of cases appearing before the criminal courts have been unable to advance without participating solicitors.

Proposals by the Law Society of Ireland to appoint a mediator to resolve the dispute have been rejected by Mr O'Callaghan.

Mr Clarke said that the bottleneck of cases will have to be dealt with at some point. 

“The longer the dispute goes on, the bigger the bottleneck becomes,” he told Newstalk's Breakfast with Anton Savage.

Many cases have seen defendants self-represent without the ability to hire a solicitor.

“We actually champion the rule of law and access to justice. And really this is an access to justice issue,” Mr Clarke said.

“If solicitors aren't working and have withdrawal instructions, that means that barristers come October 5 (beginning of the new legal term) will not have instructions in a wide variety of cases and just cases won't get on.”

The Bar Council wrote to Mr O'Callaghan this week, urging for compromise. 

“Solicitors working in this area, and the barristers they instruct, provide a vital service on behalf of the State," the letter read.

“Without them, the right of an accused person to a fair trial cannot be vindicated. 

“Just as importantly, the State’s basic obligation to maintain a functioning criminal justice system for the protection of all citizens cannot be met.” 

While courts in Cork and Dublin remain stalled, it is understood that operations have largely resumed across smaller jurisdictions such as Clare and Laois.