Over 100 criminal defence solicitors have walked out of the District Courts in Dublin, warning of a “ticking time bomb” as the dispute over fees escalates.
Their protest came as the Dublin District Courts were returning to what should have been normal service after the summer break. The Dublin solicitors were joined on the steps of the Courts of Criminal Justice by colleagues from around the country.
They say a new flat-fee payment of €520 per client in the District Court is unworkable. Last week they voted unanimously to continue their withdrawal of services, which began in June.
Michael Finucane, a Dublin-based solicitor, said: “Solicitors are getting phone calls from Garda stations as far away as Galway and Mayo, as the gardaí seek representation for people who are entitled to legal aid.”
“One garda told me I was the 50th solicitor he had called. This is a terrible waste of time and important police resources, as well as undermining the rights of defendants to have a solicitor present.
It is also a ticking time bomb that I’ve no doubt will have implications for criminal proceedings further down the line.” Under the old system, a solicitor was paid for each court appearance by a client, starting at just over €239 for the first appearance, and almost €60 for each subsequent hearing.
Minister for Justice Jim O’Callaghan said the old scheme incentivised multiple adjournments and that cases paid for by legal aid took longer to complete than other cases. Solicitors countered that many adjournments were sought by the prosecution, and many legal aid cases take longer as they involve children or vulnerable clients.
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Courts have resumed a full daily schedule, and solicitors say the ongoing withdrawal of services will mean a backlog of cases will grow much more quickly. Tony Collier, a partner in Ferrys Solicitors, said: “The criminal justice system is effectively grinding to a halt, and we are going to see Covid era-style backlogs in cases as a result of this ongoing dispute with the minister.
“We want to be back at work but, as this dispute runs on, victims of crime are being left in limbo, defendants in the criminal legal aid system are going without legal representation, and court cases will stack up more rapidly.”
Colleen Gildernew, a solicitor at KOD Lyons, said: “We want to be back at work, in the courts and at Garda stations, helping our clients… We urge the minister to return to the table…
Minister O’Callaghan said he regretted the decision of some solicitors not to engage with the Criminal Legal Aid panel. “The further changes sought by the Law Society are not compatible with the objectives of the reforms introduced, as they would reintroduce the possibility of multiple certificates being awarded when the intention is to move to a single fee per case,” he said.
However, not all solicitors are opposed to the new deal. Phelim O’Neill, a Dublin solicitor, told RTÉ News the scheme was fair, and that solicitors would be well compensated for their work.
O’Neill, who received €433,000 from the criminal legal aid scheme in 2023, had sought a separate meeting with Minister O’Callaghan.
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