Fianna Fáil minister stands up for lawyers amid criticism of Catherine Connolly

The justice minister Jim O’Callaghan said: 'Just because a lawyer takes on a case for a client doesn't mean that the lawyer is endorsing the behaviour or opinions of that client.'

The minister for justice Jim O'Callaghan said he was 'not going to catapult himself into the centre of the presidential election in the last week' but that 'lawyers are retained to provide legal services'. File photo: Leah Farrell / © RollingNews.ie

Justice minister and Fianna Fáil TD Jim O’Callaghan has said he does not believe “it's correct or fair to criticise lawyers because of the actions of their clients” as Fine Gael ramps up its criticism of Catherine Connolly.

Fine Gael has questioned the independent presidential candidate Ms Connolly's work as a barrister for banks during home repossession cases during the crash.

Fine Gael candidate Heather Humphreys said she “never tried to capitalise on somebody’s misfortune”. 

The party’s deputy leader, Helen McEntee, accused Ms Connolly of “hypocrisy” as she argued that she had criticised banks and home repossessions in Dáil speeches but did not declare her work.

Fine Gael also published an attack video on Sunday, calling for the independent candidate to answer questions on how many repossession cases she worked on and why did she not declare it.

Ms Connolly has said she worked on behalf of banks but has repeatedly not answered questions on whether this involved repossession cases.

Ms Connolly branded the comments over the weekend as a “new low”. She previously argued that the “cab-rank rule” means that barristers must take cases.

Opposition parties supporting Ms Connolly had called on Mr O’Callaghan, who has also practised as a barrister, to comment on the Fine Gael line of attack.

Speaking at an event in Dublin, the justice minister stated he was “not going to catapult himself into the centre of the presidential election in the last week” but that “lawyers are retained to provide legal services”.

“That's absolutely essential for the administration of justice that all parties in either civil or criminal proceedings are fully and competently represented,” he said.

“Just because a lawyer takes on a case for a client doesn't mean that the lawyer is endorsing the behaviour or opinions of that client. They're simply providing legal services.

“I'm not going to get into issues in respect of the presidential election. Can I say, however, that I've noticed in recent years from all sides of the political spectrum criticism being directed at lawyers because of the clients who they represent. 

"I don't think it's correct or fair to criticise lawyers because of the actions of their clients.

Catherine Connolly has said she worked on behalf of banks but has repeatedly not answered questions on whether this involved repossession cases. File photo

During the 2020 election, Mr O’Callaghan defended acting as a barrister for former Sinn Féin leader Gerry Adams in a defamation case following criticism from Fine Gael.

When asked was this a similar attack, the justice minister stated he was giving “a general response in terms of the broad principle”.

He added: “I think it's important that we all realise that for the administration of justice to operate effectively in Ireland, there has to be parties represented by lawyers, no matter how unpopular or how unvirtuous those clients may be."

'Cab-rank rule'

Earlier this month, the Bar of Ireland stated it is the “duty of barristers to be independent and free from any influence, especially such as may arise from their personal interests or external pressure, in the discharge of their professional duties as barristers”.

“Barristers cannot discriminate in favour of or against any person availing, or seeking to avail, of the services of the barrister on the grounds of race, colour, sex, sexual orientation, language, politics, religion, nationality, national or social origin, national minority, birth or other status,” they noted.

“It is also the duty of barristers to accept instructions in any case in their area of practice.

“As a result, barristers should not be identified with their clients or their clients’ causes or suffer adverse consequences as a result of being so identified.

“The duty of barristers to accept instructions, sometimes referred to as the 'cab-rank rule', ensures that everyone is entitled to access to justice and is central to trust in the Irish legal system and the rule of law.”