Survey ‘sends clear message’ on flat-fee plan
A survey of criminal-law solicitors has shown what the Law Society describes as “strong and consistent” concern about a plan to replace the current appearances-based system with a flat-fee model for District Court criminal cases.
Under the plans, announced by Minister for Justice Jim O’Callaghan in February and due to take effect on 1 July, one flat fee would be paid for representation from beginning to end of a case.
The Law Society says that the survey, published in the Law Society Gazette, sends a “clear message” to the Department of Justice that criminal-law solicitors do not believe the proposed model is fair, workable, or sustainable.
The majority of respondents said that the proposal would make them less likely to continue taking on criminal legal-aid work.
The Law Society says that this raises “serious concerns” about the future availability of legal representation in the District Court.
Key findings
The survey also points to strong concern about how the proposed new model would make it harder for defendants, particularly vulnerable defendants, to secure representation and would lead to delays in accessing a solicitor.
Among the key findings from the survey are:
- 70% of solicitors say that they would be ‘unlikely’ or ‘very unlikely’ to continue taking on District Court criminal legal-aid cases under the proposed model,
- 81% believe the proposed changes will trigger an exodus from the criminal legal-aid panel similar to that seen in civil legal-aid family-law cases,
- 96% say that the proposed changes will negatively affect a defendant’s ability to secure legal representation, especially vulnerable defendants,
- 91% say that the proposed changes will lead to delays in defendants securing legal representation, and
- 83% say that the proposed flat-fee model is neither fair nor workable.
The Department of Justice has argued that the change will address structural issues, such as unnecessary adjournments and rising costs, but the Law Society has warned that the plans will create new difficulties.
The solicitors’ organisation believes that, if the changes are implemented, solicitors will leave criminal practice, with what it describes as “direct and lasting consequences for the public, particularly the most vulnerable in our society”.
The Law Society has warned that a similar model in family-law cases has led to an exodus of solicitors working under this civil legal-aid scheme, as it became unviable to provide the service.
‘Cost-cutting measure’
President of the Law Society Rosemarie Loftus described the proposals as “a cost-cutting measure dressed up as reform”, adding that they represented a cap on legal representation.
“A proposal that could see 70% of practising solicitors withdrawing their services is of no benefit to anyone.
“Criminal-law solicitors do not believe the proposed changes are workable and they are warning very clearly that they will damage access to justice for people who depend on timely legal representation,” she stated.
Call for ‘meaningful engagement’
The president said that the proposals should not go ahead without “meaningful engagement” with practitioners who delivered the service.
“True reform must reflect the realities of complex criminal practice and protect access to representation. The department should reconsider the proposal and work with the profession on real reforms that are fair, workable, and consistent with the administration of justice,” the president concluded.
Tomorrow (9 June), the Law Society will hold an information meeting in Blackhall Place for all solicitors who currently practise in the area of criminal law, or those who may be interested in practising in this area.
Officials from the Department of Justice have been invited to attend to discuss the practical implications of the changes proposed.