‘We are still not happy with the system’

Tipp solicitors reluctantly return to work

By Anna Powell

After months of strike action from solicitors across the country, solicitors in Tipperary have returned to work ‘reluctantly’ under the new legal aid system, ‘despite their reservations’ with how it will impact their work going forward.

“We are still not happy with the system that has been imposed on us and we support our colleagues in the rest of the country who are still withdrawing their services, but we have all made individual decisions in Tipperary to return to work,” stated Elizabeth McKeever to the Nenagh Guardian.

A similar sentiment was echoed by local solicitor, Ian McNamara.

“From speaking with my colleagues, any solicitor I know returning to work, it is not an acceptance or acquiescence to the knew proposal, there is just an economic reality to some smaller offices to not continue working for an undefined period,” he said.

“On the other hand, it’s the ministers lack of engagement, which I guess is exactly what he wants. It certainly isn’t an acceptance of his terms,” he expressed, as to why solicitors have returned to work.

“We felt we couldn’t stay out forever, and we did our best to voice our concerns and our dissatisfaction with not only the new procedures but more importantly how the minister has engaged with the profession and our professional body,” he said.

Engagement from Minister

For more than three months, solicitors have been withdrawing their legal services in Tipperary in opposition to the new legal aid system introduced by Minister for Justice, Jim O’Callaghan.

“It’s beyond disheartening. He has shown nothing but contempt for the profession. Every press release or anything that he puts out, your heart would sink. We know that he has worked in the area, he knowns the reality and the facts, but he chooses to interpret and put our information that is at best, questionable and at worst, intentional,” claimed Ian McNamara.

As of this week, solicitors in other districts across the country escalated their strike and withdrew their services from the criminal justice system. Local solicitors are hoping that the continuation of strike action from solicitors across the country will prompt Minister Jim O’Callaghan to respond to their concerns.

“Hopefully our colleagues might prevail on the minister to either appoint a mediator or to work with us,” express Ms McKeever.

Independent Decision from Solicitors

“Its not like a union. Each independent solicitor in the country who is on the legal aid panel, has to make their own decision whether to take on criminal work, or to withdraw services,” explained solicitor, Elizabeth McKeever, who personally returned to the legal aid panel last Friday after months of withdrawing her services.

“I personally went back on the panel and commenced work under the new system, despite the fact that I have reservations about it. But it was because of the pressure from clients, the amount of cases before the court, people in custody, young people, etc,” she explained.

“We withdrew our services since the middle of June. Since then, we haven’t been paid anything, we haven’t put in a claim for any legal aid cert and in the meantime, we are still working behind the scenes advising clients, attending court, but not making any claims,” explained Elizabeth.

“The amount of cases that were being adjourned, the lists were just becoming unworkable.

“We have a very good relationship between the court service in Nenagh, the guards, probation officers and ourselves as solicitors, and the judge. We just felt it was incumbent on us to go back to work,” she said, highlighting how their strike was impacting the justice system in Tipperary.

Alongside how the strike was impacting clients and the court system, there was also an economic reality for legal firms to consider in Tipperary.

“There is an economic reality to it. We tend to be smaller country practice firms. I think there is a view amongst some firms that we couldn’t stay out indefinitely. We did the best for as long as we could,” expressed Solicitor Ian McNamara.