SOLICITORS took industrial action at Tuam District Court on Tuesday, when they joined with their colleagues nationwide in a protest against reform of the free legal aid system by refusing to deal with any case which involved legal aid.
At the outset of the sitting, Judge James Faughnan was informed by Gearóid Geraghty solr, speaking on behalf of his colleagues, that they were taking this action in conjunction with a day of protest organised by the Law Society of Ireland.
As a result the vast majority of criminal cases called were adjourned. Judge Faughnan told the solicitors that he understood their motives and they had to “hold the line” in support of the protest in Dublin.
Their action was not a strike as such but a show of solidarity with their colleagues nationwide and Tuam Court was told that members would step in and act for defendants if it was necessary.
Minister for Justice Jim O’Callaghan has stated reform of the legal aid system is part of the Programme for Government. He plans to introduce a flat-fee per case system with a fixed fee of €455 to replace the current system which pay fees for each appearance. Under the current system solicitors receive an initial fee of €239 and €59 for each subsequent court hearing.
Criminal cases are frequently adjourned for a myriad of reasons and solicitors engaged in criminal law argue that it is impractical for them to have to settle on a fixed fee when they have no idea how many times a case will come before the courts.
Solicitors argue that this will hinder fair trials, drive practitioners away from criminal law and into other more stable areas of practice and harm vulnerable defendants.
They say the proposed system, due to be implemented next month, is unworkable and takes no account of the time or complexity of many criminal cases. The Law Society warns that it will create “a perverse incentive” to enter guilty pleas at initial sittings.
The Law Society has launched a political lobbying campaign against the plan and Tuesday’s protests are part of this process. They have had meetings with Opposition spokespersons on justice, members of the Oireachtas Justice Committee, as well as with party backbenchers to outline their position on the proposed reforms.
They are also engaging with rights organisations in their efforts to stymie the Minister’s plans.
