LAST UPDATE | 28 Jun

A FINAL DECISION on the new flat fee for criminal legal aid solicitors is expected to be made today, as talks continue over the weekend following a week of significant disruption across the courts system.

Thousands of District Court cases have been adjourned in recent days after criminal defence solicitors withdrew their services in protest at proposed changes to how they are paid, leading to delays and knock-on impacts across the criminal justice system.

The dispute centres on plans by Minister for Justice Jim O’Callaghan to replace the current appearance-based payment model with a flat fee per District Court case.

At present, solicitors are paid around €240 for the first appearance and about €60 for each subsequent sitting, but the new system would instead see a single payment regardless of the number of court appearances.

While the final figure has not yet been confirmed, it is expected to land somewhere between €455 and €582 per case.

“The minister and his officials are this weekend finalising the quantum of the flat fee in consultation with the Department of Public Expenditure,” a Department of Justice spokeswoman said.

The introduction of the new model has been strongly opposed by the Law Society, which warned it would make criminal legal aid work unsustainable and lead to an “exodus” of solicitors from the area.

Rosemarie Loftus, President of the Law Society of Ireland and Sean Guerin SC, chair of the Council of the Bar as part of today's demonstration. irishphotodesk.ie irishphotodesk.ie

A report carried out by the Department of Justice found that solicitors were “maximising” their earnings through criminal legal aid payments.

After The Journal reported on the confidential report, O’Callaghan said “there are very clear abuses going on in the system”.

Rosemarie Loftus, president of the Law Society, wrote to O’Callaghan to express the Law Society’s concerns with the report, which it said made assertions that are “flawed and are not a true reflection of practice in this area”.

Speaking on RTÉ’s This Week programme, O’Callaghan said the new fee model will be introduced on Wednesday, adding that the new fee will be “very generous”. 

He said there are “serious inefficiencies” and “abuses” in the District Court system.

“Back in 2015, we were spending €19 million on criminal legal aid in the District Court. In 2024, that went up to €37 million, even though the number of cases declined,” he said.

He said the new system will be one fee for one accused person in a case, which will “get away from the abuses within the system”.

O’Callaghan said he was in negotiations with public expenditure and reform minister Jack Chambers about the new fee, adding that he will be “looking to see if I can increase the €455 that I have proposed initially”.

“It’ll be a very generous fee when you compare it to the €240 that was there previously, and I think it’s something that’s going to create great efficiencies in the District Court.”

Speaking last week, O’Callaghan defended the proposed reform and said he saw “no reason as to why there’s any need for solicitors to withdraw their services”, adding that “even if they do, the administration of justice must go on”.