Judge criticises solicitors for not appearing for custody clients

A Dublin Circuit Criminal Court judge has described it as “astounding” that solicitors are refusing to attend court to represent clients who are in custody amid the ongoing legal aid dispute.

Judge Martin Nolan made the remarks after several defendants appeared before his court without a solicitor present. In dozens of cases, barristers for the prosecution or defence informed the court that solicitors previously on record had withdrawn because of the dispute with the Department of Justice over changes to legal aid payments.

Since July, solicitors have withdrawn their services in bail cases, and on Monday they escalated their protest by withdrawing most services in court. On Tuesday, Nolan heard a number of custody cases where solicitors on record failed to appear, prompting him to stress that the statutory procedure requires lawyers who wish to come off record to attend court.

The judge highlighted a theft case and a video‑link hearing where the solicitor “has refused to come to court” and is “failing in her obligation to her client”. He warned that the courts have been flexible in non‑custodial matters but that solicitors must not abandon clients in custody.

Defending counsel Oisin Clarke noted that a defendant needed a psychiatric assessment, which the accused rejected, saying his time in custody since February was “literally breaking” him. Nolan adjourned the case for later mention and urged the solicitor to engage.

Out of 16 defendants up for sentence, ten were custody cases; solicitors attended five, while the remaining five custody cases and six bail cases were adjourned to November. Most of the other 32 defendants also appeared without a solicitor and were postponed.

Source: Irish Examiner. Photo: David Guerrero / Pexels.