Laois solicitors withdraw services due to changes in legal aid scheme
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LEGAL proceedings in district court criminal cases could face delays following the announcement that many local solicitors have withdrawn some of their services under the free legal aid scheme.
Solicitors in Laois have joined a nationwide campaign opposing 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.
Solicitors are concerned that, if introduced, the proposals could lead to more defendants being pressured into early guilty pleas.
The changes are due to be introduced from Wednesday 1 July.
Many solicitors in Co Laois have withdrawn their services and will not be attending special sittings of the court. They will not attend court proceedings in evenings or over weekends and will not attend to those detained in garda stations.
Under the present free legal aid 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 fee, with following payments of €70 per court appearance thereafter.
A meeting convened by the Law Society’s Criminal Law Committee on Tuesday 9 June attracted over 150 solicitors from around the country, including Laois, who showed deep concern about the plan to replace the current appearance-based system with a flat-fee model.
Solicitors highlighted that the proposed changes would make it harder for defendants, particularly vulnerable defendants, to secure representation and would lead to delays in trials.
Solicitor and chairperson of the Law Society’s Criminal Law Committee Shane McCarthy said: “Solicitors have come together because they believe this new flat-fee model is unworkable in practice and risks doing real damage to access to justice.
“What we are hearing from practitioners is that these proposals would lead to practitioners no longer taking on district court legal aid work, with inevitable consequences for defendants, the courts and the wider justice system.
“Solicitors welcome real reform, but these proposals are a cost-cutting measure dressed up as reform. Practitioners are raising legitimate concerns based on the realities of how this work is done every day and the Department of Justice needs to address the serious concerns of solicitors before pressing ahead with changes that will have lasting and harmful effects.”
