Courts / Ireland / Report
'Schrödinger's legal advisors': judges criticise solicitors withdrawing from cases
Summary
Two High Court judges have criticized solicitors for withdrawing their services from cases involving child complainants and serious historic sexual offending, leading to adjournments. Mr Justice Tony Hunt described the situation as 'intolerable,' noting that solicitors were not instructing barristers in several sexual assault cases. This included the sentencing of a Meath defendant for the sexual abuse of a 12-year-old in the 1990s. The court heard that the solicitor had withdrawn services despite the complainant being in counseling. Mr Justice Paul McDermott emphasized that lawyers cannot withdraw from cases on the cusp of finalization and adjourned the sentencing hearing to Friday. The judges expressed frustration over the impact of the withdrawals on the justice process, with Mr Justice Hunt noting that the DPP had been informed of the 'industrial action' affecting the cases. The court highlighted the need for legal advisors to be present and for cases to be concluded, even in the face of such challenges. The unnamed 12-year-old pleaded guilty.
Who, what, where, when and why
What: Report matter: 'Schrödinger's legal advisors': judges criticise solicitors withdrawing from cases. Charges or matters: a number of offences last April and the case had been adjourned to Monday for a sentence hearing. "I'm biting my lip very hardI suppose we better fix a new date" Mr Justice Hunt said. Procedural stage: sentence
When:
- 2026-07-28 Publication
Case subjects
Defendant
Charges: a number of offences last April and the case had been adjourned to Monday for a sentence hearing. "I'm biting my lip very hardI suppose we better fix a new date" Mr Justice Hunt said (Admitted)
Plea: Guilty
Outcome: The complainant had prepared their victim impact statement and was due to travel to court for the sentence hearing today but was advised last night that it would not be going ahead due to the withdrawal of services.; Mr Justice McDermott said in his view "you can't withdraw from a criminal case" and that "best practice requires that a matter be brought to conclusion." "I don't see how a lawyer can withdraw from a case on the cusp of finalisation," he said. "But what's happened is that is the case.
Places mentioned
- Two High Court
- Central Criminal Court
Topics
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