'It's a mess' says judge as Cork solicitors threaten to withdraw from free legal aid panel on Wednesday

Solicitors in Cork on the free legal aid scheme for criminal cases will resign from the panel en masse this Wednesday (July 1) if payment changes proposed by the Minister for Justice are signed into law.

Solicitor Joseph Cuddigan announced the proposed escalation of the action by solicitors at Cork District Court today.

Since the dispute began earlier this month, solicitors already assigned in cases have been appearing in court to say that they are on record for clients, but not in a position to act for them because of the dispute. No new assignments under free legal aid have been made in fresh cases.

In almost every case, they are being adjourned until future dates in the hope that solicitors will be available. Books of evidence are not being served for cases to be sent forward from the district court to the circuit court for trial. 

Where new cases are before the district court, and there is an objection to bail, some of them are being adjourned for the defence to apply for bail through a solicitor. Some bail applications are being made without legal representation.

From Wednesday, the solicitors will not appear at all. 

Mr Cuddigan said: “Sadly, solicitors in Cork city on the criminal free legal aid panel – in the event of the Minister for Justice crossing the Rubicon and signing the statutory instrument putting his unilateral proposals into effect on Wednesday – we are all resigning from the panel en masse. This may cause chaos and turmoil which we regret but it is not a matter of our choosing.” 

Judge Miriam Walsh said she was not commenting on the matter except to say that people had a right to take a position in a dispute as long as it was done in a peaceful manner.

In Cork Circuit Criminal Court, 25 cases were listed for sentencing today but could not proceed because of the solicitors’ dispute. 

Solicitor Aidan Desmond informed Judge Dermot Sheehan of the escalation of the solicitors’ action with the withdrawal of solicitors from the criminal free legal aid panel.

Judge Sheehan said: “If they withdraw from the panel, then when the matter is resolved they would be unable to take on new work. It is a mess, obviously, that we are in that position.”