Number of Laois solicitors withdraw services at district court level
Portlaoise Courthouse
SOLICITORS in Laois engaged in the free legal aid scheme have withdrawn their services.
The move, which commenced at Portlaoise District Court on Thursday 18 June, is in response to proposals by the Department of Justice to introduce a flat fee of €455 under the free legal aid scheme, regardless of how many court appearances a person faces during a case.
At present under the scheme, solicitors receive a flat fee of €200 for a first appearance of a defendant and a further €60 for every subsequent appearance. Those dealing in criminal law at district court level are also requesting a return to pre-austerity payments of a €300 first appearance fee, with payments of €70 per court appearance thereafter.
When proceedings began at Portlaoise Court last Thursday, the presiding judge, Andrew Cody, said to the first defendant who appeared before him: “I am not sure if you are aware, but there appears to be a strike on by solicitors, so there is nobody here from Aonghus McCarty & Company. I have no option but to put this case back for one week.” Three local solicitors were present in court â Josephine Fitzptrick, Barry Fitzgerald and Philip Meagher, as well as barrister Andrew Dunne.
Mr Fitzgerald said: “Due to the ongoing issues and the proposed restructuring of the legal aid scheme by the Department of Justice and without any meaningful engagement with the solicitor’s profession, I have no option but to withdraw my services today. I am following into the spirit of collegiality with my colleagues who are all in the same vein in relation to the proposed cuts. This decision hasn’t been taken lightly. It’s not out of discourtesy with this court, it’s just with the general situation that we find ourselves. So, I am withdrawing my services.” When the next defendant was called, Mr Dunne informed Judge Cody that it was Mr Fitzgerald’s client. He said that Mr Fitzgerald was his instructing solicitor and had not provided him with any instructions on the case due to the ongoing issues with the department.
Mr Meagher said: “In light of the ongoing issues with the Department of Justice and their proposals and the amendments to the legal aid scheme and the department’s non-engagement or the appropriate engagement and in solidarity with my colleagues, I, too, will be withdrawing my services.” Ms Fitzpatrick also withdrew her services from the court.
She said: “Due to the proposed restructuring of the legal aid scheme and the non-engagement with the solicitor’s profession by the department, I have no option but to withdraw my services from the court.” Most of the cases where solicitors had been assigned under the free legal aid scheme were adjourned to future dates.
In line with solicitors’ commitments under the free legal aid scheme, solicitors did represent juveniles and those in custody over the past week, but it is understood that will now not be the case due to the solicitors’ actions.
With circuit criminal court proceedings beginning in Portlaoise next Tuesday, it is not known what disruptions the solicitors’ campaign will have on that sitting.
