It comes as a challenge was taken by solicitor John Quinn against the single flat fee
A High Court judge has ruled some provisions in the new criminal legal aid scheme introduced by the Justice Minister Jim O’Callaghan are “grossly unfair".
The challenge was taken by solicitor John Quinn against the single flat fee to cover all charges against an accused person, regardless of the amount of work involved.
The Minister has defended the changes as a way to control costs and prevent perceived abuse of the previous legal aid system.
The judgement doesn’t rule out flat fees altogether, but identified defects in the new scheme, including the grouping of charges, which was described as “illogical.”
It also accepts delaying payment until a final order is made could mean a solicitor never gets paid if, for example, a client absconds before their case is finalised.
The judge has reserved making final orders until she hears further submissions on a number of outstanding legal issues.
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