Solicitors to continue withdrawal of services in fee row

Solicitors across Ireland are set to continue their withdrawal of services, escalating a dispute with the Minister for Justice over a new payment scheme. A nationwide meeting of criminal legal aid solicitors agreed to maintain their protest, rejecting recent changes announced by Minister Jim O'Callaghan as not going far enough to address their concerns.

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Changes to the new scheme announced by Mr O'Callaghan earlier this week which were aimed at resolving the dispute, were rejected as not going far enough.

Legal sources indicate that the new scheme remains unworkable for many practitioners. The Law Society is expected to communicate these ongoing concerns to the minister over the weekend. Key issues include the flat-fee payment structure and the handling of longer, more complex cases involving vulnerable clients.

The industrial action has already had a significant impact, with hundreds of solicitors resigning from legal aid panels. This has resulted in the adjournment of thousands of cases. The situation has led to serious consequences, including some accused individuals being denied bail due to a lack of legal representation. In at least one instance, the High Court later ruled such detentions unlawful, finding that fundamental rights had been denied.

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Legal sources say they believe the new scheme is still unworkable.

Minister O'Callaghan had proposed changes, including paying two-thirds of the fee at the beginning of proceedings, but solicitors argue this does not adequately address the financial viability of their work under the new system. The continuation of the dispute means that most solicitors in Dublin will not provide services at any District Court sittings throughout August, marking an escalation from previous, shorter stoppages. The action is expected to spread nationwide.

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The Law Society is expected to write to the minister over the weekend repeating the concerns of its members on a number of issues, including the flat-fee payment and longer cases involving vulnerable clients.

Further legal challenges are anticipated, with the High Court set to rule in October on a judicial review brought by a Dublin-based solicitor challenging the statutory instrument underpinning the new scheme. The solicitor's legal team argued that the regulations are "extraordinary" for preventing district judges from exercising discretion in issuing separate legal aid certificates for multiple charges, questioning the appropriateness of a single fee for varying case complexities.

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Mr O'Callaghan announced on Monday that he would change the scheme to allow two-thirds of the fee to be paid at the beginning of proceedings.