Minister for Justice Jim O’Callaghan is expected to hold a firm line on a controversial single-payment model in talks on criminal legal aid reform scheduled for Monday. A bitter row over the reforms has led to some solicitors withdrawing their services under the scheme, causing delays and adjournments to criminal cases around the country. O’Callaghan is to meet Law Society representatives on Monday, and while he is expected to signal openness to hearing about issues regarding the timing of payments under the reformed scheme, he is not expected to revisit the main aspect of the reforms. Under the reforms solicitors are paid a flat fee for their work on criminal legal aid cases, rather than on a per-appearance basis as was previously the case. A spokeswoman for O’Callaghan said on Sunday that he was “happy to meet the Law Society on Monday to listen to their concerns”. Last week the Dublin South TD said it was “deeply regrettable” that some solicitors had decided to withdraw their services in full on certain days. Representatives of the solicitors involved in the dispute will indicate an openness to reform of the old system but, they hope, persuade O’Callaghan that some aspects of the new one are unworkable from their perspective.Dublin solicitors withdrew services for two days last week and plan for a further three-day stoppage this week.[ Does Jim O’Callaghan’s reform of solicitors’ legal aid fees have support within Government?Opens in new window ]The new model provides for one flat fee of €520 per case, irrespective of the number of court appearances, replacing the previous model of €239.38 for a first appearance and €59.86 for each subsequent appearance. The solicitors say the single payment system introduced by the Minister at the start of this month lacks the flexibility to take account of longer or more complex proceedings and also opens up the possibility of some going unpaid for work they have done.O’Callaghan has said the old payment model was vulnerable to abuse and encouraged unnecessary adjournments.One of those involved in the process said the solicitors hope the Minister will come to the meeting with “a listening ear and sincere intention to move forward constructively”.“Solicitors are hopeful that this meeting signals a move towards resolving some very significant issues with the criminal legal aid scheme.“We want to make this a workable model for all stakeholders and want to avoid the mistakes that were made in the area of family law where a similar model was introduced and failed.”It comes after one solicitor warned that barristers who are continuing to take on cases under the new system are being warned they could be “blackballed” by solicitors involved in the withdrawal of services.Phelim O’Neill, a partner with Harringtons LLP, wrote to O’Callaghan last week saying he was “deeply concerned by the coercive pressure being exerted by some of those involved in the withdrawal of services”. He said there was not unanimous support within the solicitors profession for the withdrawal.O’Neill argued that the fixed-fee model was fair and generous, but that it should be paid upfront after the first appearance in a case, rather than at the end, to address cash-flow difficulties where they arise. Speaking to RTÉ’s This Week programme on Sunday, Cork-based solicitor Frank Buttimer said the practitioners’ objective at the meeting would be to inform the Minister on what is needed to ensure the system is “workable”.“Hopefully, when the Minister and his officials receive the information and the input, it will give a better understanding of what the concerns are and what the practical implications will truly be of the attempted implementation of this system.”
Jim O’Callaghan expected to hold firm line in talks on criminal legal aid reform
Minister for Justice to meet Law Society representatives amid bitter row over remuneration reforms
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