Solicitors in Cork will withdraw from the operation of the legal aid scheme on Monday as part of a national protest. The move is expected to lead to huge disruption in district and Cork Circuit Criminal Court sessions, where some 80 people are due for sentencing.Minister for Justice Jim O’Callaghan’s planned reforms of the free criminal legal aid system have come under sharp criticism and are expected spark a mass exodus of solicitors from criminal work, creating “legal deserts”. Jonathan Lynam, president of the Southern Law Association, which represents about 750 solicitors in Cork city and county, said the move would have serious implicants for the ability of defendants to get legal representation in vast swathes of rural Ireland in particular.“The implications are a mass exodus of local representation, creating what are effectively ‘legal deserts’,” said Lynam. He said there were just 50 solicitors on the criminal free legal aid panel in Cork City and county, but that would drop if the proposed move goes ahead.“[It] completely undermines access to a fair trial, particularly for vulnerable defendants – like children, individuals with severe mental health issues, those with addiction or those facing language barriers. [ The Irish Times view: payment issue needs to be tackledOpens in new window ]“If local solicitors in county towns [throughout Cork] are forced to leave the legal aid panel because the rates are unsustainable, these individuals, who inherently require intensive, repeated court attendance and out-of-court support will be left without access to proper legal representation.”Jonathan Lynam, president of the Southern Law Association The Minister’s proposed reforms, due to come into effect on July 1st, will see solicitors on the criminal free legal aid panel paid a flat fee of €455 per case irrespective of how many adjournments and appearances may be involved. Lynham said that solicitors were currently being paid €239.38 for a first court appearance and €59.86 for each subsequent appearance. For an ordinary case involving five appearances, a solicitor currently receives €478.82. “It is simply not commercially viable for solicitors to continue to do criminal work under these terms,” he said. “This isn’t reform; it’s a de facto cap on proper legal advice and representation. “It introduces perverse incentives for early guilty pleas, curtails a proper defence, and ignores the large amount of out-of-court work practitioners do – such as cell viewings, station attendances, reviewing disclosure, and visiting clients.” Lynam said the other worrying aspect was a delay in payment with cases having to be completed before fees are applied for. “They will be waiting for months, if not years, completely starving independent practices of vital cash flow.” Lynam said the Minister needed to delay the July 1st implementation date and engage in negotiations with the Law Society to prevent significant disruption.
Cork solicitors withdraw from legal aid scheme for criminal work
Contentious proposals to overhaul free legal aid scheme could lead to exodus of solicitors










