Law Society-Justice Minister meeting a 'positive' first step says Longford solicitor
Local solicitor Michelle Reynolds, who works with E.C. Gearty & Co. Solicitors in Longford, said solicitors wanted to find a workable way forward’.
A meeting between Justice Minister Jim O'Callaghan and the Law Society on Monday to discuss the dispute over the new legal aid payments system, which has led to significant disruption in Longford has been described as a 'positive first step'.
Mr O'Callaghan said last Thursday that the first request he received from the Law Society since the system was implemented on July 1 was last Wednesday, July 22.
The President of the Law Society Rosemarie Loftus said it had been ‘very good’ and constructive with lots of positive engagement.
The Department of Justice introduced a flat fee on July 1 last despite concerns voiced by the Law Society, the Irish Human Rights and Equality Commission (IHREC), the Irish Council for Civil Liberties (ICCL), and Free Legal Advice Centres (FLAC).
Solicitors say the scheme risks becoming a de facto cap on the constitutional right to a fair trial, by limiting the advice and representation a defendant can receive.
The solicitors practising in Longford warned that the scheme is already forcing solicitors off criminal legal aid panels - with knock-on effects for victims, vulnerable defendants, and the courts system in Longford.
Criminal law solicitors practising in Longford met with Longford-Westmeath TDs Micheál Carrigy and Robert Troy in recent weeks at Leinster House to raise urgent concerns about the new model for criminal legal aid.
Local solicitor Michelle Reynolds, who works with E.C. Gearty & Co. Solicitors in Longford and spoke to the Longford Leader prior to Monday’s meeting, referred to Mr O'Callaghan's comments on the contact between the Law Society and Justice Minister, and stated they 'wouldn't say that is correct'.
"The Law Society has made various statements and they have always echoed that they were open to engagement and wanted engagement with the department in relation to the new system,” she added.
Ms Reynolds said it was a positive step forward that the meeting was arranged and and the Law Society said it ‘will continue to engage with the Department of Justice in the coming days to try to find a workable way forward’.
Asked about what she believed was the biggest stumbling block to a resolution before the meeting took place, Ms Reynolds said the flat fee and the process for the payments were big issues.
"At the moment it's only one moment that is made on the last day of court or when the court order is made.
"That would be a big issue, the way in which the payment itself will actually be made.
"It was put forward previously that if the payment was made perhaps at the beginning or in the middle that it would be of more benefit.
"When you are dealing with vulnerable people, there is a lot of juveniles and people with mental health issues so the flat fee would not cover all of the work that is put into that and that is echoed around the country a lot in the past few weeks."
Ms Reynolds said a case involving a defendant and ‘more than one injured parties’ at Longford Circuit Court on July 22 could not go ahead because of the legal dispute.
She stated Longford District Court is busy ordinarily as it is and with the adjournments the list is getting ‘clogged up’.
"When this is all resolved we will be able to deal with it but you do have vulnerable clients then.
"Nobody wants to see this happening, we do want to get into court, we do want to work and we do want to see cases finished but there is people it is effecting greatly.”