Dublin solicitors to continue withdrawal of services into August over legal aid payments

Criminal defence solicitors in Dublin have overwhelmingly agreed to continue into next month their withdrawal of services over opposition to a new criminal legal aid payment model for the District Courts.The Dublin-based solicitors made their unanimous decision at a meeting on Thursday involving about 70 solicitors, believed to represent all but two firms in the capital engaged in criminal legal aid work. The other two firms have continued to work during the dispute. The Dublin meeting was held in advance of a national meeting on Friday of criminal legal aid solicitors from across the State.Both meetings were arranged to consider proposals from Minister for Justice Jim O’Callaghan to amend aspects of the new payment model. READ MOREThe proposals were made in a letter sent to the Law Society on Tuesday after a meeting the previous day between the Minister and officials from his department and representatives of solicitors and the Law Society. Under the proposed amendments, core elements of the new payment model would remain in place, the most contentious of which is a single flat fee of €520 per client, based on an average of five appearances, irrespective of the number of court appearances. That replaced the previous system, which involved a payment of about €239 for the first appearance and €60 for each subsequent appearance.Criminal defence sources said the proposed flat fee does not reflect the amount of work involved, but welcomed the proposal to front-load payment of two-thirds of the €520 fee at the outset of a case, with the final third paid at the end, or 12 months after the case began, whichever is sooner. Other elements of the new payment model that are subject of much criticism by defence solicitors include a provision for a new legal aid certificate to issue for an accused person where the charges arising are distinct and separate to any previous court appearance made by that person. Solicitors say this does not reflect the work involved in many cases. In opposition to the new scheme, a large number of solicitors have participated in a withdrawal of services that began in late June and escalated after July 1st, when the new model came into effect. The withdrawal is having a particularly strong impact in Dublin, Cork and Limerick and has led to the adjournment of thousands of criminal cases, adversely affecting accused people, witnesses, victims, prosecuting gardaí and the management of court lists. The adjournments mean additional backlogs in the courts. A small number of defence solicitors have not participated in the withdrawal and continue to provide services.The decision by Dublin solicitors at Thursday’s meeting will mean continuing difficulties for gardaí in securing defence solicitors for people detained in Garda stations and in emergency courts during August.Solicitors will continue to act for clients remanded in custody before July 1st, but will not act in other cases preceding that date, including cases involving the execution of bench warrants.The Dublin solicitors’ decision came as the High Court on Thursday was hearing a challenge by Dublin-based solicitor John Quinn to the new payment model. The judicial review challenge, aimed at having the court strike down the legislation underpinning the new payment model, continues on Friday.