Disruption at Ballinasloe court as lawyers ‘hold the line’ on legal aid payments dispute
Dozens of cases before Ballinasloe District Court were adjourned at the latest sitting as solicitors continued their protest over proposed changes to payments for criminal legal aid.
Only a handful of the 150 or so cases on the court list were heard on Thursday, June 25, with the majority adjourned due to the legal aid impasse.
Under the existing regime, solicitors and barristers are paid for each court appearance.
Under proposals from Government, a new set fee of €455 will be payable to legal practitioners regardless of how many court appearances they make on behalf of a defendant. This is due to come into effect on July 1.
“If they’re holding the line, they’re holding the line,” said Judge James Faughnan in Ballinasloe when he heard that solicitors and barristers would not be providing their services in criminal legal aid cases.
The judge explained to the public that if they were relying on legal aid then their case would not be heard.
He then went through the list and adjourned each case individually, taking only those that were not legally aided.
Later in the sitting, Judge Faughnan reiterated the position that, “lawyers are not crossing the line”.
He said solicitors were entitled to withdraw their services and he was not in a position to demand that they do the job or “cross the line”.
The new flat-fee model is being resisted by The Law Society, and solicitors who claimed it would lead to a cap on legal representation.
Courts across County Galway and the country have been disrupted by this withdrawal of labour by legal professionals.