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Changes to Criminal Legal Aid

  • 14-12-2009 10:49AM
    #1
    MacsuibhneR
    Registered Users, Registered Users 2 Posts: 83 ✭✭


    In Thursday's independent it was reported that the department of Justice is planning to introduce a new scheme whereby criminal legal aid work is put out to tender, with one firm per county being awarded the contract. Apparently a pilot scheme is to be introduced first.

    This scheme to my mind seems unworkable in an Irish context. Take for example a situation where a person is charged under with a public order offence and requires legal aid. This person is also involved in a family law case where the solicitor's firm, who have the tender for legal aid, are acting for the accused's spouse/partner. In those circumstances the solicitor's firm may need to obtain confidential information from the accused, to properly deal with their defence, however the accused will then need to rely on a "chinese wall" to ensure that this information is not used against them. If nothing else an accused will have a problem giving the proper information to their solicitor.

    I believe that the new changes are an infringement on a person's right to choose and should be opposed by not only the Law Society but also by the groups who represent the most vulnerable members of society. Our legal aid system is very far from perfect but this is not the solution. Needless to say these changes will also have a devastating impact on solicitors practices throughout the country leading to further closures, less competition and less choice for the consumer.


Comments

  • #2
    McCrack
    Registered Users, Registered Users 2 Posts: 3,004 ✭✭✭McCrack


    This is news to me and I don't like the sound of it. In a Dublin context it's not feasible to award all Criminal Legal Aid to one practice. The biggest criminal firms only have about 10 solicitors including Partners.

    They would need to multiply this to cover the Dublin Region.

    The thing about being privy to information is nothing new and I don't see it being a difficulty. The legal circle in this jurisdiction is small and as it is information can be found out from colleagues. Everybody knows somebody who knows somebody who will know something if you get my meaning.


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