The strike is our ‘Newbridge or Nowhere’ – Kildare solicitor
Criminal cases stalled in Naas District Court last week
As the solicitors’ strike enters a third week in Kildare, it now looks set to escalate as the governing body for solicitors - the Law Society - has told the Minister for Justice that his plans for a flat Legal Aid fee would decrease a defendant’s chance at a fair trial.
Due to be imposed from July 1, the Minister for Justice Jim O’Callaghan wants to introduce a flat fee of €455 for solicitors defending a legal aid case in the district court, replacing the present fee of €240 for a first appearance, with an additional €60 for every appearance after that.
The industry is arguing that the idea of a flat fee might incentivise an early plea and would not benefit those defendants whose cases have not yet been ruled on by the DPP, staying on the books for up to three years in some instances.
The solicitors would like the continuation of the present system, albeit with an increase in stipend, in line with other professions who have all seen their austerity pay cuts from18 years ago restored, except for the solicitors.
“This (flat fee) took me by surprise, to be honest,” said veteran Naas solicitor Tim Kennelly.
“The flat fee was introduced for Legal Aid in Family Law and it was a complete failure,” he said.
“I mean, legal aid payments out of the Department of Justice’s budget at the moment are less than 2.5 per cent.
“Our judge in Naas Desmond Zaidan is one of the longest-sitting judges in the country, and he is dealing daily on his own with a list approaching 200 cases.
“The visiting judge last week (while Judge Zaidan was on annual leave) said this list ‘was not manageable, and Kildare needed two judges’.
“Kildare has a population of nearly 250,000, and is served by one judge, yet Co Laois with a population of less than 100,000, regularly has two judges.
“So, to say that delays (in the justice system) are the fault of solicitors is disingenuous, and I would completely disagree that criminal defence solicitors are the orchestrators of these delays, reject that entirely.
“The minister needs to sit with experienced criminal defence solicitors, and there needs to be meaningful talks.
“If this comes in, it comes in for good, and will not just affect today’s Kildare solicitors, but the next generation as well.
“For Kildare solicitors, this is our ‘Newbridge or Nowhere’,” he concluded.
