Solicitors warned over legal aid dispute

A judge has warned that solicitors could face disciplinary action for failing to appear in court to make applications in relation to custody matters.

Judge Eoin Garavan made the remarks at Monday’s sitting of Castlebar Circuit Criminal Court as the legal aid dispute escalated.

A large number of solicitors working in criminal defence across the country have said they are withdrawing from all work in an escalation of their dispute with the Minister for Justice over a new payment scheme for criminal legal aid.

Solicitors wrote to the presidents of the courts last week to let them know they will be withdrawing all criminal defence services, including in cases where defendants are in custody or where children are involved.

However, solicitors acting for clients in custody must get the judge's permission before withdrawing their services and the court must consider the consequences of the withdrawal.

There were four cases where clients were in custody came before Monday’s sitting of Castlebar Circuit Criminal Court. However, no solicitor was present and nor were any instructions given to barristers in relation to applications to the sitting judge.

Judge Garavan said it is a requirement of Section 215, which pre-dates the legal aid row, that the application seeking permission to withdraw services must be made on custody matters.

The judge said it is ‘proper practice’ that the acting solicitor makes any such application after a barrister commented that they found themselves in a difficult position without any instructions.

Judge Garavan said there “may be disciplinary matters to follow” for solicitors in relation to non-compliance of the section of law. The custody matters that came before the court were adjourned.

It is understood from legal sources in the county that solicitors in Mayo believe that the ‘withdraw’ element of the section is open to interpretation and that solicitors are simply not attending court for criminal matters at this time. At the present time, solicitors in Mayo will not be making any application to withdraw or come off record in custody cases.

Meanwhile, the judge said there could be up to 200 cases listed for the February sitting of Castlebar Circuit Criminal Court should the legal aid stand-off continue. He said the equivalent of two years of work for the court has been impacted.

“This dispute has huge effects. It will probably affect courts in Mayo and other areas for a number of years,” Judge Garavan stated.

• Published as part of the Courts Reporting Scheme