Free legal aid, the biggest scandal in Ireland ?

[Dual Star]

as was mentioned in another thread, is the "cash cow" for the legal industry with free legal aid and repeat offenders the biggest ongoing scandal in Ireland right now ?

 

[Donald Trump]

as was mentioned in another thread, is the "cash cow" for the legal industry with free legal aid and repeat offenders the biggest ongoing scandal in Ireland right now ?

Maurice Mc Cabe
The ongoing garda scandal
The revelations of child sex abuse over the last twenty years (by far and away the worst).

Free legal aid is not a scandal. It is a necessity for people who cannot afford it. Without it, the whole system would crumble.

 

[Matlock]

as was mentioned in another thread, is the "cash cow" for the legal industry with free legal aid and repeat offenders the biggest ongoing scandal in Ireland right now ?

What would you propose as an alternative. You are only entitled to defence if you can afford it?

People assume that everyone who accesses legal aid is A. guilty and B. a repeat offender. That isn't true.

 

[TopicGrinder]

Maurice Mc Cabe
The ongoing garda scandal
The revelations of child sex abuse over the last twenty years (by far and away the worst).

Ffs how could you forget ......

 

[Matlock]

For what its worth, I absolutely believe that legal aid is a necessity for the proper administration of justice.

I do believe that the fees paid, esp to Counsel in big trials are too high.

My solution would be that the state should set up inhouse prosecutors, both Solicitors and Barristers, for all cases. Lawyers get paid a decent wage for the work and it would be great experience for a defence career afterwards if you were so minded, but it would cut out the "pay by day/pay by appearance" stuff.

The main argument against this has been that the top Solicitors/Barristers wouldn't be willing to work for such an agency because of the cut in salary and that if you are being threatened with the deprivation of your liberty then you are entitled to have the best legal team at your disposal. I can see that argument, but to be honest if the criminal work is taken inhouse then those lawyers are going to have to either work in another area or go inhouse so at least some of them would probably be willing to do it.

 

[Happyhonkaman]

What would you propose as an alternative. You are only entitled to defence if you can afford it?

People assume that everyone who accesses legal aid is A. guilty and B. a repeat offender. That isn't true.

Like all good ideas it is unfortunately completely abused, but it is necessary none the less, although when you read shite like this facilitated by it it would make you wonder:

Man injured in car chase sues drivers and insurance company
John Heaphy was pursuing another car into which his friend had been bundled

A man involved in a high-speed car chase that resulted in the deaths of two men is suing the drivers of the cars involved and the Motor Insurance Bureau of Ireland.
Counsel for John Heaphy are endeavouring to have the drivers testify in the case, the High Court in Cork heard on Tuesday.
Mr Heaphy (30) of Crestfield Downs, Glanmire, Co Cork, was a front-seat passenger in a car being driven by James Simms (35) on May 14th, 2010, that was involved in a chase.
Simms and Philip Murphy (48) of Killala Gardens, Knocknaheeny, Cork, were sentenced in December 2010 at Cork Circuit Criminal Court for dangerous driving causing the deaths of CJ Dolan (16) and Derry O’Callaghan (19) on Harbour View Road in Cork. They were back-seat passengers in the car driven by Mr Simms.
Mr Heaphy is taking a compensation case at the High Court in Cork against Murphy, Simms and the Motor Insurance Bureau of Ireland.
On Tuesday, the case was adjourned to allow Mr Heaphy’s senior counsel the opportunity to get the drivers to testify in court.
Ms Justice Bronagh O’Hanlon also adjourned the hearing to give the legal teams time to submit written submissions on the case. The case was adjourned for mention on October 31st.
The court earlier heard that Mr Heaphy had suffered serious injuries in the crash, including seven fractures to his head. He incurred damage to one eye and has been left with Bell’s palsy.
The court was told Mr Heaphy’s friend Darren Lenihan was forced in to the boot of a Volkswagen Golf at 11.30pm on the night of the crash. The car was being driven by Murphy.
Mr Heaphy and others followed in a Ford Mondeo driven by Simms. The crash occurred between the two vehicles.
The case of the defence is that Mr Heaphy was negligent in travelling in a car that was bound to crash given the erratic nature of the driving.

Lorraine O’Sullivan SC, for the defence, also said the driver of the Mondeo was not insured and Mr Heaphy would have been aware of this fact.
Mr Heaphy testified he got into the Mondeo only because his friend had been taken away. “My friend was taken, we just wanted him to be safe. I wanted to save my friend, that is what I wanted. I didn’t want anything else to go wrong.”
Mr Heaphy is currently serving a prison sentence for assault.
Ms Justice O’Hanlon said the State would not be obliged to have him in court for the next hearing given that he had already given evidence in the case.

 

[TopicGrinder]

Like all good ideas it is unfortunately completely abused, but it is necessary none the less, although when you read shite like this facilitated by it it would make you wonder:

Is he a Heaphy of that bastion of Northsideness clan?

 

[Happyhonkaman]

For what its worth, I absolutely believe that legal aid is a necessity for the proper administration of justice.

I do believe that the fees paid, esp to Counsel in big trials are too high.

My solution would be that the state should set up inhouse prosecutors, both Solicitors and Barristers, for all cases. Lawyers get paid a decent wage for the work and it would be great experience for a defence career afterwards if you were so minded, but it would cut out the "pay by day/pay by appearance" stuff.

The main argument against this has been that the top Solicitors/Barristers wouldn't be willing to work for such an agency because of the cut in salary and that if you are being threatened with the deprivation of your liberty then you are entitled to have the best legal team at your disposal. I can see that argument, but to be honest if the criminal work is taken inhouse then those lawyers are going to have to either work in another area or go inhouse so at least some of them would probably be willing to do it.

Its the same problem with most state agencies - the best people never work there and this is inherently unfair of the defendant who cannot afford the dream team. So then, why do they not tender the fees each time for each trail and apply MEAT criteria so that you get a suitable solicitor at a reasonable rate for each case?

Its how work is outsourced in most other professions consulting to the state

 

[Happyhonkaman]

Is he a Heaphy of that bastion of Northsideness clan?

Norries are salt of the earth you bollix

 

[Matlock]

Like all good ideas it is unfortunately completely abused, but it is necessary none the less, although when you read shite like this facilitated by it it would make you wonder:

That is a civil case so it wouldn't be funded by legal aid.