LAST UPDATE | 2 hrs ago

THE LAW SOCIETY has said that both it and Justice Minister Jim O’Callaghan today “agreed on the need to find a resolution without delay” to the ongoing dispute over reforms to how solicitors are paid under the free legal aid scheme.

This morning, the Law Society and O’Callaghan had their first direct engagement since July. 

Both sides will meet again on Friday and this engagement will also extend into next week. 

A spokesperson for the Law Society said the “engagement will explore adjustments to address practitioners’ concerns and help deliver an effective and sustainable criminal legal aid system that protects access to justice and commands the confidence of those who use it”.

Criminal defence solicitors are seeking two changes to the flat-fee model being pursued by O’Callaghan, to ensure that they can get paid double for certain complex cases that last beyond ten court appearances.

The other change being sought by solicitors is for multiple payments of €520 where a client has multiple charges levelled against them by the state.

Under the new payment model, a solicitor receives a flat €520 fee when a case concludes with up to five court appearances, compared with €240 per appearance under the old model.

Under the terms being sought by solicitors, the Law Society is seeking a second payment of €520 if there are more than 10 appearances by an accused client.

The Law Society has said that if these two “core” issues were addressed, it would “resolve the key concerns of criminal defence solicitors.

The Law Society added that it “remains committed to working constructively with the Minister and his officials to reach a resolution”.

Meanwhile, a spokesperson for O’Callaghan remarked that the parties “discussed the operation of the new Criminal Legal Aid regulations and the withdrawal of service by some solicitors, which is impacting the operation of certain criminal courts”.

The spokesperson also noted that both O’Callaghan and the Law Society “agreed on the need for a short, focused engagement between their representatives over the next week, commencing this Friday”.

O’Callaghan’s spokesperson said this engagement will “explore areas for adjustments within the scheme to address the concerns being raised by practitioners, while ensuring the purpose of the reform – to speed up case resolution and improve the operation of the District Court – is preserved”.

Today’s meeting was the first between the two sides since 31 July, and came a week after O’Callaghan claimed that cases involving allegations of rape had been deliberately affected by the withdrawal of solicitor services, which deepened the row.

Over the weekend, The Journal’s FactCheck team examined the minister’s claim and found that the suggestion that rape cases were specifically singled out for disruption was misleading.

The dispute has caused considerable disruption to the day-to-day operations of the courts. 

In some cases, alleged offenders have been released from custody after it was found their bail hearings were flawed due to a lack of legal representation.

With reporting from Eoghan Dalton