Limerick solicitors warn of risks of defendants representing themselves in court due to strike

Solicitors say clients may not realise the long-lasting consequences of self-litigation

Limerick courthouse: 'I think it is a risk to represent yourself; it's the job of a solicitor to put forward a plea in mitigation and to get you the lightest possible penalty and in most cases, try and avoid someone getting a jail sentence.' Picture: Dan Linehan

Limerick solicitors have warned of the risks of self-litigation among defendants, as the justice minister has said he will not reverse his plans to overhaul the criminal legal aid scheme.

Solicitors across the country have been withdrawing legal aid services en masse, as their dispute with Jim O’Callaghan continues to escalate after he introduced a new flat fee model on July 1. The new fee pays solicitors €520 per case regardless of the number of court appearances.

As a result of the legal aid row, a number of accused have opted for representing themselves. When representing themselves in court without the assistance of a barrister or solicitor, an accused becomes a litigant in person.

According to solicitor Tom Kiely, while people may self-represent if they feel a case “isn’t that serious”, they may not realise the long-lasting consequences of self-litigation.

“They may say: "Look, I've never been in court before. I've no previous convictions. What's the worst that can happen? I'll just get a slap on the wrist and move on'.

“That person doesn't realise the consequences a criminal conviction will have. Even if you have a minor conviction for public order under the Misuse of Drugs Act, that'll stop you getting certain employment. It'll stop you travelling, getting visas. It's not about the consequences of being in court and getting a €100 fine,” Mr Kiely said.

Those who choose self-litigation are the ones “most at risk of being severely prejudiced”, he added.

“A lot of the time, when represented, they can get the benefit of the discretion of the court, where the Probation Service might get involved on the suggestion of the lawyer. They may have an opportunity to pay a contribution and have no criminal conviction recorded against them."

Throughout the strike, Mr Kiely said his clients had been understanding of the solicitors’ frustration.

“It's a 24-hour job, seven days a week. We are available to our clients pretty much all of the time, at weekends and special sittings, late at night,” he said.

“They [the clients] actually understand what we do, and they understand how valuable we are to them and to the system, how available we are to them and all of the unseen work we do. It's not that we go to court and just stand up and represent somebody,” he said.

Limerick solicitor Daniel Kreith said while the risks depended on the seriousness of the charges, it “happens quite regularly” for people to choose self-litigation when it comes to non-custodial penalties.

“I think it is a risk to represent yourself; it's the job of a solicitor to put forward a plea in mitigation and to get you the lightest possible penalty and in most cases, try and avoid someone getting a jail sentence,” he said.

However, Mr Kreith said he understood why some feel self-representing was the only option in light of the industrial action.

“Unfortunately, a lot of people are obliged to self-represent. I've had people who initially had instructed me before their Garda interview because they knew allegations were coming down the track. They’ve been interviewed well before the strike occurred, and they're only getting charged now.

“I've had to advise those people that they need to present to the court on their own and say their solicitor is on strike and can't be represented, and their case is getting put back.”