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Barristers protesting outside the Central Criminal Courts in Dublin in October. Similar action is planned for today. Alamy Stock Photo

Criminal barristers withdrawing services today in pay dispute, with further action planned

It’s the first of three days of withdrawal this month.

CRIMINAL BARRISTERS ACROSS Ireland are withdrawing their services today in protest against the lack of progress on pay restoration.

It’s the first of three days of withdrawal this month, with services also due to be withdrawn on Monday, 15 July and Wednesday, 24 July.

This comes following a recommendation from The Council of The Bar of Ireland last month to undertake industrial action in a bid to restore cuts to criminal legal aid funding.

No cases will be heard in Criminal Courts today, and there will also be protests on the steps of the Criminal Courts of Justice in Dublin and at a further 15 courthouses nationwide.

The withdrawal of services is an escalation on the action taken by criminal barristers across the country on October 3 of last year.

Following the first ever strike by criminal barristers in October, a 10% restoration was subsequently announced in Budget 2024. 

The Government also committed to reviewing the structure and level of fees paid.

The Bar of Ireland has said that even after this, the full range of Financial Emergency Measures in the Public Interest (FEMPI) cuts that were applied across the public sector between the years 2009 and 2015 continue to apply to the profession. 

Sean Guerin SC, Chair of the Criminal State Bar Committee, said that until the 10% pay restoration was introduced in January, pay rates were at 2002 levels.

He told RTÉ’s Morning Ireland that there had been an effective pay cut of over 40%, and that the 10% pay restoration “has improved it but we’ve still suffered an effective 30% plus pay cut”.

“If complete pay restoration took place in the morning, the effect of inflation since 2008 would still have reduced barristers pay by 15 or 16%,” said Guerrin.

“We’re not looking for that back, we’re not looking for a pay increase, we’re looking for pay restoration.

“The cuts that were introduced in 2009, when everyone bore the pain of the recession, we bore an additional 10% pay cut that didn’t apply to others, and we’re simply asking for those emergency era measures to be reversed.”

He said there will be “some very short delays” as a result of the action taking place today and later this month and that barristers “deeply regret” this.

But he added that these delays are happening “because we continue to cooperate with significant improvements in the criminal justice system” since 2018 without the restoration of pay cuts.

“Every other sector has had pay restoration in return for like cooperation,” said Guerrin.

He also remarked that Justice Minister Helen McEntee has said there is “there is no good reason why pay restoration hasn’t taken place”.

“We’ve been waiting now since 2016, but at least in 2018 it was acknowledged that we had met the conditions for pay restoration.

“There is no good reason in our view why the government couldn’t give a commitment to resolve this long, outstanding unfairness and implement it in the budget.”

And while Guerrin remarked that “some barristers are very well paid”, he added that “most of them are not” and that the profession is losing people at the junior level as a result.

“Two thirds of those who begin practicing criminal law will give up that practice within six years,” said Guerrin.

“That has long term consequences in having available in the future a cohort of barristers who have the training, education, and the experience necessary to handle the most difficult and sensitive cases.”

He added that pay rates “vary from case to case” but said that the “real issue is that until the 10% pay restoration was introduced, pay rates were at 2002 levels”.

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    Mute Paul
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    Jul 9th 2024, 9:54 AM

    Got more than 3 convictions?
    No more free legal aid.

    That will stop the barrister gravy train, and help keep the streets safer

    250
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    Mute Ger Whelan
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    Jul 9th 2024, 10:01 AM

    @Paul: If you knew anything about the legal system you’d know it won’t make a difference. If anything taking away free legal aid will make things worse. If dependents don’t have fair representation it could lead to many other legal matters.

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:01 AM

    @Paul: I doubt it will keep the streets safer, longer sentences for repeat and violent offenders might but your suggestion is more likely to lead to lay litigant clogging up the courts and police corruption being allowed to run rampant. All a Guard with a desire to make a name for themselves would need to do is pick up some thick eejit that’s done a few petty crimes, say he’s admitted to X serious crime and close the case.

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    Mute Jack B Quick
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    Jul 9th 2024, 10:31 AM

    @Paul: there is no Barrister “gravy train” and criminal legal aid is a basic human right.

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    Mute Kevin Collins
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    Jul 9th 2024, 10:45 AM

    @Paul: Without free legal aid, defendants would have no legal representation. Their convictions would be open to challenge on the basis that they did not receive a fair trial. Result: criminals walk completely free and the streets are most certainly not safer.

    It would also increase the risk of a situation whereby rich people who can afford to pay for legal representation would be able to buy their freedom.

    The free legal aid system might have its drawbacks, but abolishing it altogether would be immeasurably worse.

    17
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    Mute Seanie
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    Jul 9th 2024, 1:17 PM

    @Kevin Collins: How about crims getting legal aid but paying for it.

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    Mute Jack B Quick
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    Jul 9th 2024, 1:26 PM

    @Seanie: it wouldn’t be legal aid then would it?

    I mean….seriously?

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    Mute Paul
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    Jul 9th 2024, 1:50 PM

    @Kevin Collins: if you’ve got more than 3 convictions I don’t care if you’re thrown in jail.
    Wise up you lefty gits!

    12
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    Mute Jack B Quick
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    Jul 9th 2024, 2:09 PM

    @Paul: then you fundamentally misunderstand the rule of law and human rights.

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    Mute Seanie
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    Jul 9th 2024, 2:36 PM

    @Jack B Quick: I said nothing about free legal.

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    Mute Seanie
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    Jul 9th 2024, 2:41 PM

    @Seanie: My point being if the are brought to court they should have to pay for it like anyone else, even if it’s took from their dole, the more you go to court the less dole you get. Hurt them in the pocket.

    13
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    Mute Jack B Quick
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    Jul 9th 2024, 2:41 PM

    @Seanie: you literally said:

    “How about crims getting legal aid but paying for it”

    Do you know what legal aid is ?

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    Mute Jack B Quick
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    Jul 9th 2024, 2:43 PM

    @Seanie: then you fundamentally don’t understand what legal aid is. Which begs the question why are you commenting on it?

    “Pay for it like everyone else” – who are you talking about? The vast vast majority of criminal cases are paid for by legal aid.

    My suggestion – don’t pontificate on matters about which you know nothing. Instead ask questions.

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    Mute Seanie
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    Jul 9th 2024, 3:15 PM

    @Jack B Quick: Which is not free legal aid, if they can’t afford it well then reduce their dole over time until it’s paid for, their still getting legal aid but it’s not free.

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    Mute Jack B Quick
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    Jul 9th 2024, 4:45 PM

    @Seanie: legal aid is by definition free. If you’re advocating they pay for it it’s not free.

    Their dole won’t cover it – certainly not above the District Court.

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    Mute Mark Anthony Savage
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    Jul 10th 2024, 12:27 AM

    @Seanie: I love this. What exactly do you think an habitual criminal is going to do to pay a legal bill? Possibly more habitual criminaling? It’s the sane argument re the dole, cut um off! Yeah so then they just start nicking sooner. Lock um up!! Now you’re paying tens of thousands a year to keep them in jail.

    The US system in the main is broken, ineffective and in some cases counterproductive. I’m willing to see change but is it too much to ask to do something that actually works rather than gives us a retribution stiffy.

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    Mute PatIta Foley
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    Jul 9th 2024, 9:10 AM

    Poor devil’s they need everything they can get. So few crims as well, living on scraps.

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 9:33 AM

    @PatIta Foley: Devils are unpaid, the convention is they get bought lunch. I’d say working for zero pay for one to two years might make one poor right enough.

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    Mute PatIta Foley
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    Jul 9th 2024, 9:43 AM

    @Mark Anthony Savage:

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    Mute The next small thing
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    Jul 9th 2024, 9:28 AM

    This is an idea opportunity for the Government to bring in the legal system reforms that were insisted upon by the Troika.

    89
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    Mute Pete Lee
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    Jul 9th 2024, 9:34 AM

    @The next small thing: Surely considering all the reforms that HAD to be carried out they didn’t leave off one of the main critical ones – surely – I mean the states existence was at stake. We all had to tighten our CHARVET shirts??? Paper Napkins – IT was horrific.

    32
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    Mute P. V. Aglue
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    Jul 9th 2024, 10:11 AM

    @The next small thing: Alan shatter tried that and it cost him his job

    39
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    Mute AnthonyK
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    Jul 9th 2024, 9:44 AM

    Deviling is a way of keeping poorer people out of becoming barristers. That was always the way. One had to be in the know or have a family member involved in the legal trade to become a barrister.

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 9:57 AM

    @AnthonyK: I disagree there, to an extent. You can build contacts as you go through undergrad or the diploma or whatever, in Dublin at least. I don’t disagree though that you have to have money behind you, now this can come in the form of your own money if you switch into this profession later on and I don’t think it’s unreasonable for a barrister to come to the profession a bit seasoned. Bright young things can always look at the solicitor route which can, in some instances, garner good salaries quite quickly.

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    Mute Pete Lee
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    Jul 9th 2024, 9:22 AM

    How long before we notice???
    Aren’t the courts closed for the summer – until November???
    Short run then until Christmas Dec 1st????

    56
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    Mute P. V. Aglue
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    Jul 9th 2024, 10:19 AM

    @Pete Lee: objection your honour, this man can’t possibly be speaking the truth

    13
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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:31 AM

    @P. V. Aglue: Just a bit of trivia, Ireland doesn’t use your honour, and the King’s Inns spell it Honor.

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    Mute P. V. Aglue
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    Jul 9th 2024, 10:38 AM

    @Mark Anthony Savage: “objection judge” doesn’t have the same ring to it your Honor.

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:59 AM

    @P. V. Aglue: no one will beat Del Boy in relation to addressing Judges but I take your point!

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    Mute Sean Parker
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    Jul 9th 2024, 12:23 PM

    @Pete Lee: no. They just closed in August, but some remain open for emergency, warrant or custody based cases etc.

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    Mute Jack B Quick
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    Jul 9th 2024, 10:30 AM

    Can we be clear on a few things:

    1) barristers are self employed. They do not get a salary from the state of any kind. Not 40k, or 50k or any other kind of K.

    2) they are paid per “case” in which they represent a client. How much are they paid per case? That depends on whether it’s District Court (low), Circuit Court (middle), or Central (Highest)

    3) barristers starting out in their careers get NO cases: why? No ones heard of them. They have no experience. As a consequence they earn NOTHING. It is a long slow process to try and establish yourself and get work. It takes YEARS – that means years before you break even.

    4) legal aid fees were cut as part of the GFC. They were never restored (unlike other public sector cuts). As a consequence junior barristers are even more impoverished than they were.

    5) while many Barristers at the top earn a lot of money in criminal law, in reality 70-80% of the profession quit because they cannot afford to stay

    46
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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:38 AM

    @Jack B Quick: But can we also clarify as we’ve a fresh new thread for us underemployed backsides to argue in that: They can go on to do other things, the legal profession is, arguably, over staffed and there is potential for significant reform here that’s been resisted for years. Your point on barrister pay is well taken though, many do this as a genuine vocation and that commitment shouldn’t mean people can’t afford to make a living within the current system.

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    Mute Jack B Quick
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    Jul 9th 2024, 10:43 AM

    @Mark Anthony Savage: I’m not sure what point you think you’re making. anyone in any job can “go on to do other things”

    Criminal law and the Bar are not the transferable experience you think they are. Few commercial entities have a need for specialist legal advocates, much less criminal advocates. While arguably impressive it’s not relevant to commercial contracts, employment law or mergers and acquisitions.

    Yes reform has been resisted and is badly needed. But it’s not entirely relevant to this discussion which is whether or not criminal legal work is poorly remunerated with the associated societal problems.

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:46 AM

    @Jack B Quick: Anyone with a BL and a bit of experience would be snapped up by the Civil or Public Service in a general purpose role on anything from 37 to 77K starting. I understand that’s unfortunate for people’s vocation and I’m not deaf to the potential issues for the Criminal courts down the line but they have options.

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    Mute The next small thing
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    Jul 9th 2024, 10:55 AM

    @Jack B Quick: I agree that it’s not a lucrative job for many, however, you forgot to add that you can’t emply a barrister directly, you must go through a solicitor and then have the privilage of paying twice.

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    Mute Jack B Quick
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    Jul 9th 2024, 10:57 AM

    @Mark Anthony Savage: that’s simply not correct Mark – like anywhere experience and background matters particularly in legal work.

    It’s simplistic to say they have options. That’s arguably true of anyone with a “qualification”. 5 years at the Bar isn’t the great hiring incentive you seem to think it is.

    You’re not getting roles advising on competition law, financial regulations, M&A, ESG without experience in those areas. Bear in mind BLs will be competing with solicitors who have actually practiced in those areas.

    Of course they go on to other things. The world’s bridges don’t have thousands of unemployable barristers living underneath them.

    But this strike and thread are about the rates of criminal legal aid, not their employability after they have to leave – which you overstate.

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    Mute Jack B Quick
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    Jul 9th 2024, 11:00 AM

    @The next small thing: this is yet again, incorrect.

    This strike concerns the criminal bar. YOU don’t pay ANYTHING. Far less pay twice. They’re paid by the legal aid system.

    Yes solicitors and barristers both get paid for the same matter. But it’s like paying a contractor to oversee your building project, who hires an electrician to do the wiring. You’re paying for two different disciplines and areas of expertise. Not the same work twice.

    11
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    Mute Mark Anthony Savage
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    Jul 9th 2024, 11:06 AM

    @Jack B Quick: I think you’re missing my point but I do understand where you’re coming from, to clarify they would need to look atba general career not a legal one and I dispute the point that a young JC who is not making at the Bar has become so specialialised at that point they can’t go into a more general legal role (as distinct from a totally general role). I do take your point though that this isn’t ideal but I do think a holistic approach is needed in all of this. Anyway I’ve enjoyed our exchanges and even learned a thing or two, so thank you. I’ll bow out now though as it doesn’t need two of us in here playing defence. The very best of luck to you if you are in practice or hoping to be.

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    Mute Jack B Quick
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    Jul 9th 2024, 12:08 PM

    @Mark Anthony Savage: it’s not a question of being “specialised” it’s a question of training and experience.

    Spend five years at the criminal bar – how attractive are you as a candidate for a role in commercial contracts vs a solicitor with three years working in commercial contracts? Not very is the answer.

    For better or worse the bar is a very niche profession not particularly cross applicable to anything else. Of course many can and do apply for and get other roles – the point I’m making is it is nowhere near as simple as you seem to make out and the idea that the civil service will just snap them up for 50-70k is just not accurate.

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    Mute Regular John
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    Jul 9th 2024, 10:11 AM

    When a couple of hundred grand a year just doesn’t cut the mustard anymore….

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    Mute Jack B Quick
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    Jul 9th 2024, 10:32 AM

    @Regular John: small percentage of the criminal bar make that

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    Mute SV3tN8M4
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    Jul 9th 2024, 7:13 PM

    @Jack B Quick: Your a joke, crying on here, one of the richest sectors in Irish society. Maybe when your on your PR push online, you could tell everybody what one of your male spokespersons on the news channels today earns. He is one of the highest earning individuals in the legal sector, the sheer audacity of him whinging about pay cuts is sickening to ordinary workers. 10% this year but it’s not enough, sheer greed. No doubt the Govt will cave into the Golden Circle once again.

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    Mute Jack B Quick
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    Jul 9th 2024, 7:49 PM

    @SV3tN8M4: you don’t know what you’re talking about.

    75% of that profession earn less than 40k per year and 60-70% of the profession have to leave within 5 years because they’re broke.

    Did you study for an average 6 years and practice for 5 more only have to leave your job having made less than 10k per year?

    I repeat. You’ve haven’t a clue what you’re talking about.

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    Mute Mark Anthony Savage
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    Jul 10th 2024, 12:31 AM

    @SV3tN8M4: Just because David Beckham exists it doesn’t mean I get 100k a week because I start kicking a football around at the local five a side.

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    Mute damien leen
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    Jul 9th 2024, 10:04 AM

    Funny how the ones that have it are out on the streets protesting for more while the average Joe complains on here and does nothing, me included. Lesson to be learnt here.

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:43 AM

    @damien leen: Amen to that. I find it increasingly like that sketch which ends with Ronnie Corbett saying “I know my place”. The journal comment section would have you believe that the average worker is workinging 50 hours a week for 30K and is being oppressed by every profession going that are filled with useless lazy thicks. If you are doing 50 hours a week for 30K either unionise and strike or join the thicks.

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    Mute Colette Byrne
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    Jul 9th 2024, 10:15 AM

    Hard to feel sorry for people who make 1500 an hour and speaking with a retired barrister friend, he said he never worked with a more corrupt bunch, with no social consciences but the free lunches were great.

    38
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    Mute Jack B Quick
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    Jul 9th 2024, 10:33 AM

    @Colette Byrne: this is total rubbish from start to finish. As uninformed as it is peppered with lies.

    36
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    Mute Mark Anthony Savage
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    Jul 9th 2024, 11:20 AM

    @Colette Byrne: Actually I could resist one last one on this. I never worked with SC, I never worked with people exclusively on the Civil side, I did work with 20 or so relatively new JCs on the Criminal side in various organisations like FLAC and the innocence project. They’re arrogant, some of them are bat pooh crazy, but I found a group of people that were dedicated and did a lot of volunteer work and seemed very engaged with their particular societal issue.

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    Mute Sean O'Dhubhghaill
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    Jul 9th 2024, 10:25 AM

    Did anybody else smile at the wording ‘criminal barristers’?

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    Mute Mark Anthony Savage
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    Jul 9th 2024, 10:32 AM

    @Sean O’Dhubhghaill: Better Call Saul :)

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    Mute G
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    Jul 9th 2024, 10:38 AM

    I’m sure the big wheel will keep turning..maybe some of these barristers could get a second job like a big percentage of the population?! Or are they too good for such a thing?

    17
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    Mute Jack B Quick
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    Jul 9th 2024, 10:45 AM

    @G: many of them do just that.

    Do you not think it’s problematic if criminal defence attorneys can’t make a living from criminal defence? Is experienced counsel when the state tries to lock you up not fundamental to the functioning of a free country?

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    Mute Padraig O'Brien
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    Jul 9th 2024, 11:18 AM

    Criminal barristers ought to be convicted and jailed like other criminals!

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    Mute Dominic Leleu
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    Jul 9th 2024, 11:20 AM

    How much they do a month ?

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    Mute SV3tN8M4
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    Jul 9th 2024, 1:31 PM

    Govt will give them what they want, the Golden Circle, the only sector to not be touched by the Troika or the State. There has been no reform of the Legal sector or Judiciary & the monies involved are staggering. The reason Law & Order has collapsed is because of the revolving door Justice system, which benefits the Criminals & has made the Legal sector very wealthy. We saw with Mc Entee & Woulfe how the whole system works.

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    Mute Jack B Quick
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    Jul 9th 2024, 1:48 PM

    @SV3tN8M4: More ill informed nonsense.

    While the sector wasn’t reformed it certainly was “touched” and it remains the only sector not to have its pay cuts restored.

    The “monies” involved aren’t staggering at all. The criminal legal aid budget for barristers is somewhere around 40-50m per year representing one of the cheapest legal expenses the state has to pay.

    75% of the profession earn €40k or less. Barristers in their first 5/6 years are likely to earn less than €10k per year.

    Mcentee and Wolfe is politics – not legal practice. One has nothing to do with the other.

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    Mute FoxyBoiiYT
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    Jul 9th 2024, 1:38 PM

    Who’s gonna keep the streets unsafe if these guys aren’t working?

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    Mute Daniel Roche
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    Jul 9th 2024, 3:08 PM

    Making children walk on the road,in puddles of water, so they can get their photo, a great way to get people’s support

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