Jim O'Callaghan said last week that the courts were operating "effectively" amid the ongoing strike. Alamy Stock Photo

Law Society asks minister to consider 'independent mediator' to resolve solicitors' strike

In a letter to Jim O’Callaghan, the president of the Law Society said she was “surprised” to hear him say last week that the courts were running “effectively”.

THE LAW SOCIETY has asked the Minister for Justice to consider appointing an independent mediator to resolve the criminal legal aid dispute.

The president of the Law Society told Jim O’Callaghan she was “hugely concerned” at the impact of the ongoing dispute on victims, those accused of crime, the public and all court users.

A large number of solicitors on the criminal legal aid panel have withdrawn their services amid the dispute, leading to disruption in the district courts.

In a letter on Tuesday seen by the Press Association, Rosemarie Loftus cited Court Service figures which show a 93% reduction in the granting of legal aid certificates in July 2026 compared to the same month last year.

She described this as a “deeply worrying” collapse, as she told the minister she was “particularly disappointed” his recent moves on the dispute had not “in any way” altered the “fundamental issues that remain at the heart of the current dispute”.

In July, O’Callaghan introduced a single flat fee for solicitors taking on legal aid cases – replacing a system where they had been paid per appearance.

 

The Law Society said it “remains committed to engaging constructively” in seeking a “sustainable criminal legal aid system”.

Loftus said “the current impasse is having a profound impact on the administration of justice” across the country.

She said she was “surprised” to hear O’Callaghan say last week that the criminal courts were running “effectively”.

In the letter, she said: “In fact, I am hugely concerned at the impact the current dispute is having on victims of crime, those accused of crime, the general public and all courts users.

“I met with a number of victim support groups in recent weeks and committed to doing whatever I could do to expedite finding a solution to the current impasse.”

Loftus said she believes there is “merit in considering the appointment of an independent mediator” to assist parties in finding a resolution.

An experienced independent mediator could help bridge the gap between your policy objectives and the practical realities experienced by practitioners on the ground.

Loftus said the two main outstanding issues relate to the treatment of separate and distinct criminal cases as a single matter where they happen to come before the court on the same day; and the absence of a practical mechanism to deal with exceptional cases that often concern children and those with mental health issues, which can involve unusually high numbers of court appearances over an extended period

She said the current arrangements appear to treat multiple separate matters involving the same defendant as a single case for purposes of Legal Aid just because they come before the court on the same day, while saying these are frequently separate and distinct complex criminal cases which require separate instructions, preparation and consultations.

She suggested: “It seems that a clearer and mutual understanding of the definition of a case and of intended practical procedures may assist considerably in resolving this issue.”

On the second matter, the Law Society also said “a limited and carefully constructed mechanism” for exceptional cases is both “reasonable and necessary”.

In closing, Loftus urged the minister to “avoid a repeat of what has happened” under the Civil Legal Aid scheme “where a similar model was introduced.”

She said “the number of solicitors working under the District Court Family Law panel has fallen by more than 60% over the past decade” and added: “It is critical that the Criminal Legal Aid Scheme does not go the same way.”

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