Message Gheibheann Cos ar Siúl Rud Éigin

It has been a busy few months in the Dublin Solicitors Bar Association and when finding words to describe to you what has been happening I thought of this seanfhocal – which is roughly the equivalent of “If you want something done, ask a busy person”!

Since the last edition of The Parchment at Easter, our seminar programme has continued bringing the latest information and training; we have held social events for our Northside and Southside colleagues and the managing partners of our largest members; we have had the first of our annual golf outings at Killeen Castle, and the annual DSBA v Bar cricket match; our annual soccer league is ongoing; we have engaged with stakeholders such as LSRA, Law Society, Minister for Justice and Decision Support Service; and, importantly, we have continued to advocate and represent the interest of our members and their clients.

That it is impossible to separate solicitors from the interests of their clients has been brought home to me recently in various matters where DSBA has made representations.

Firstly, in respect of prisoners accessing legal advice – following representations made by members, our Criminal Law Committee, through the DSBA, has entered into correspondence with the Department of Justice to request engagement on the issue of clients’ access to legal advice in a timely way when they are in prison or on remand.

Secondly, with regard to the rates of pay under the Criminal Legal Aid Scheme, it is concerning to us that more than a decade ago the rates of pay dropped substantially and have since remained static – this is problematic when considering that our colleagues represent those whose liberty is at stake. It is worth remembering that these colleagues continue to defend their clients to the highest standard without fuss, fear or favour, and have the might of the State against them. It cannot make economic sense for our criminal law colleagues to take on certain legal aid cases. In an age where regulation has increased over time and where significant resources must be put into demonstration of compliance, there is little room in any practice to take on work which runs at a loss. This drives solicitors out of providing this service and consequently may lead to a representation deficit for clients. We have written to the Minister for Justice and hope to engage with her soon with a view to arriving at a resolution of this matter.

Thirdly, with regard to the new regime in respect of the creation of Enduring Powers of Attorney, the digital interface for creating EPAs took many members of the public and indeed the profession by surprise. The reality for many vulnerable clients is that they have difficulty with the online forms and would wish for their solicitor to be involved at the earliest possible point in writing their EPA. As can be seen later in this edition, the DSBA successfully engaged with the Decision Support Service and we believe that we have arrived at a workable solution for those clients who cannot manage the online EPA and who wish to instruct a solicitor to act on their behalf. I want to thank sincerely the Director, Ms Áine Flynn, and her staff for engaging with us so quickly, allaying many of our concerns, and for working with us to ensure that our clients’ interests are protected. Our contact with DSS is ongoing and we hope to continue the constructive and cordial nature of our engagement with them into the future.

I want to note also the representation made by members of the Litigation Committee, and in particular Barra O Cochlain, in engaging with the Court Services on, amongst other things, opening hours/appointments for Stamping Office, Central Office and other Court Offices. Our representation with regard to District Court scale costs is ongoing and we will keep you appraised of our progress.

The DSBA, when representing our members’ concerns, and where appropriate, has consistently adopted an approach of finding a solution rather than pointing out problems or unnecessarily resisting change. We believe that focus on the practical means that we have been, in many cases, in a position to reach consensus with others to find a way forward for our members and their clients. As the seanfhocal goes – Níor bhris focal maith fiacail riamh [a good word never broke a tooth].

I hope that you will take a well-deserved break over the summer, and I look forward to meeting you at one of our autumn events.

Susan Martin, DSBA President

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