This article is from page 21 of the 2011-02-01 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 21 JPG
THREE Clare solicitors, between them, earned more than € 400,000 in criminal legal aid last year.
Ennis-based solicitor Tara Godfrey was the highest earner in the county, with € 163,699. Kilrush-based solicitor Eugene O’Kelly received € 135,746, while Daragh Hassett earned € 110,128.
Ms Godfrey’s earnings leave her just outside the top 50 earners in the country under this scheme.
Although her earnings reduced from more than € 180,000 in 2009, she slipped just two places, from 52nd to 54th nationally.
Mr Hassett, who runs an office in Ennis, earned just € 4,000 less last year in criminal free legal aid than in the previous year.
However, Mr O’Kelly increased his earnings in free legal aid by more than € 30,000 last year and is now the 71st highest earner in the country under this particular scheme.
A number of other solicitors who practice in Clare also featured in the figures obtained by The Clare People. Anthony O’Malley, who is based in
Killaloe, received almost € 80,000; Shannon-based solicitor Jenny Fitzgibbon earned more than € 42,000; William Cahir received almost € 40,000, while John Casey earned in excess of € 35,000 in free legal aid in 2010.
A number of Limerick solicitors, who represent several Clare people also featured prominently in the list.
Ted McCarthy was number 16 on the list, with more than € 380,000; John Devane slipped from 16th on the 2009 list to 21st on last year’s list, but still earned more than € 280,000. John Herbert received more than € 270,000; Chris Lynch earned more than € 180,000, while Darach McCarthy earned more than € 120,000 under the scheme.
According to a statement from the Department of Justice:
“In relation to the 2010 lists of payments to individual solicitors, it should be noted that many solicitors are running practices with associated employment and overhead costs.”
Overall, more than € 33 million was paid out under the scheme, a decrease on € 37 million last year.
In the wake of last year’s figures being published, the then Minister for Justice Dermot Ahern said he was “extremely concerned at the accelerated costs of criminal legal aid” and said that a Bill was being drafted with a view to carrying out a review of the scheme.
Several judges across the country have become more strict in dealing with applications for free legal aid.
The district judge in Clare, Joseph Mangan has, on several occasions, refused free legal aid if he is informed that a particular individual is not in jeopardy of going to prison.
In one case last year, the judge refused an application to grant free legal aid to cover a barrister for each of two brothers accused of violent disorder in Ennis and told the defence solicitor that his decision could be appealed in the circuit court.
At Ennis District Court last Friday, the judge refused an application for free legal aid after an applicant admitted he had not read the form he had signed, requesting that his legal fees be covered.