Solicitors in Wicklow united as nationwide full withdrawal of services to begin over legal aid reforms

By Darragh McCann, The Wicklow People

Wicklow criminal defence solicitors have said they are “united” as members of Criminal Justice Solicitors Ireland (CJSI) prepare to begin a full withdrawal from criminal legal aid work from Wednesday this week.

In protest against proposed reforms to the legal aid system, the solicitors will not carry out criminal legal aid work on Wednesday, Thursday and Friday.

The action is expected to affect courts throughout the country, including Wicklow District and Circuit Court, the Central Criminal Court and all courts nationwide.

Despite the withdrawal, practitioners indicated that representation would continue for juveniles, and adult clients in custody.

It is understood that the Commissioner of An Garda Síochána is seeking legal advice concerning the non-availability of solicitors arising from the previous withdrawal of services.

Wicklow solicitor Mark Maguire, based in Bray, described the industrial action as a measure of last resort, stating that practitioners had attempted to engage with the Department of Justice for several months.

He added: “While it may seem to some that this action has materialised from thin air, the reality is that the Law Society have sought since February, when these reforms were announced, to engage in good faith with the Department of Justice.

“The Department have failed to show any attempt to collaborate or listen to the legitimate concerns of the profession, which considers the reforms to be an attack on the most vulnerable members of society and the right to legal representation.

“Many people find themselves before the courts as a consequence of other supports they rely upon having been withdrawn, and this is the State seeking to diminish another essential support that members of society may need to rely on when they are at their lowest point. This is a core foundation of the concept of law and order, which is not a one-way system.”

Mr Maguire said he had previously raised his concerns directly with Tánaiste Simon Harris.

“When it became clear that the Department of Justice was essentially ghosting the Law Society, I wrote to Minister Harris in April to voice my concerns,” said Mr Maguire.

“Minister Harris or Minister O’Callaghan cannot be surprised by the course of action. In fact, it could be argued that they have constructively contributed to the current position, which is the natural consequence of how they have sought to handle this issue.”

Members of the Bar of Ireland are scheduled to meet on Tuesday, June 16 to determine what action, if any, will be taken in relation to the proposals.

Wicklow barrister Sorcha Ní Néill Fulham warned that while there had been no formal withdrawal of services by the Bar, barristers remained dependent on instructions from solicitors in criminal proceedings.

“Jim O’Callaghan, being a senior counsel, would understand that actions have consequences,” she said.

Wicklow solicitor Dermot Hickey stated that the profession had demonstrated a united front in response to the proposed reforms.

“It’s good to see the unanimous approach by the profession with the prospect of such a fundamental change in the manner in which we conduct our business,” Mr Hickey said.

Wicklow solicitor Brendan Maloney said opposition to the proposals had intensified following a recent meeting at the Law Society in Dublin, with officials from the department failing to attend.

“Wicklow solicitors practising in the field of criminal law are united in their opposition to the department’s intended introduction of a flat-fee payment system that is fundamentally flawed and unworkable,” he added.

The legal profession have argued that the proposed flat-fee model fails to reflect the realities of District Court practice, particularly in complex cases requiring multiple adjournments, consultations and attendances.

Those participating in the action insist that their concerns are not centred on solicitors payments, but on preserving access to justice for those who rely upon the criminal legal aid system.

They argue that the proposed reforms would disproportionately affect vulnerable defendants, including those experiencing mental health difficulties, addiction and financial hardship, who may otherwise struggle to secure expert legal representation.