Minister must act as justice system 'not functioning' says Athlone solicitor

An Athlone solicitor is staunchly supporting the approach of his colleagues in an escalation of their dispute with the Minister for Justice, Jim O'Callaghan, over a new payment scheme for criminal legal aid.

Tony McLynn of T&N McLynn Solicitors, whose private practice is located on Connaught Street Athlone, said solicitors' temporary withdrawal of services started in July following confirmation from the Minister that a flat fee payment of €520 would be introduced per case instead of separate payments for each court appearance.

Since Monday of last week, a "full withdrawal of services" has been implemented as the dispute deepened.

The Athlone solicitor called on the Minister to meet with the Law Society to "resolve the issue" as a backlog of court cases continues to impact on the justice system.

"The courts are not operating effectively at the moment and that is due to the promptings of our Minister for Justice.

"Recent commentary by the Minister on the issue has been damaging and I would urge Deputy O'Callaghan to meet with the Law Society and rectify what has become an extremely concerning situation," Mr McLynn said.

"The Minister for Justice is of the view that everyone (else) is in the wrong, not him, but we have to come together to reach a reasonable payment model to avoid further impact on our justice system."

Mr McLynn, who qualified as a solicitor in 2000, said the decision to arrive at a €520 "flat fee payment" was "not researched properly", arguing that there is no "one-size-fits-all model" in the justice system.

He stated that the flat-fee payment model is "probably here to stay", but the Minister must make it "financially viable" for solicitors so they can return to the work they have been charged to do.

Me McLynn said the Minister's "one and only engagement" with the Law Society earlier this year, in late June, was "not good enough".

"The flat fee payment of €520 has been sold by the Minister to legal firms as a 'cost saving' measure across all offence categories and there is simply no financial allowances made for cases which require multiple appearances in court," Mr McLynn stated.

Mr McLynn said Minister O'Callaghan had submitted two letters to the Law Society since late June "standing over what he had proposed", but expressed his disappointment that he had refused mediation requests on multiple occasions.

While news of a potential meeting between the Law Society and the Minister is "welcome", the Athlone solicitor feels that the issue has "dragged on far too long".

"Hopefully, there will be a reasonable and fair compromise reached when discussions happen. While, as solicitors, we are opposed to a flat-fee payment for court cases, I have to accept that the Government will maintain it," Mr McLynn added.

On a personal level, the local legal practitioner said it was "extremely difficult" for he and his solicitor colleagues to withdraw services.

"Up until this week we have continued to manage our more vulnerable cases, but this is now no longer the case, sadly. We have longstanding relationships with clients, but they have been patient and shown their solidarity," Mr McLynn stated.

Returning to the issue at hand, the solicitor said additional "innovation" should have been looked at to ensure the justice system remains fluid, "rather than introducing a flat-fee payment".

"The legal backlog continues to escalate. As it stands the weight of cases could cause the circuit and criminal courts to collapse. It is not a functioning justice system, and it is up to the Minister to provide an appropriate resolution to this issue," Mr McLynn concluded.