Legal aid fees dispute puts pressure on Ireland’s justice minister as solicitors hold firm

Pressure is mounting on Justice Minister Jim O’Callaghan to resolve a dispute with criminal defence solicitors over a new payment model for legal aid work in Ireland’s District Courts.

Most criminal defence solicitors, particularly in Dublin, continued withdrawing their services as the courts resumed full operations after the August break. A minority, including solicitors in Clare and about four in Cork city, have returned to work or did not join the action.

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That’s fine now, but there will be hell down the line.

The partial withdrawal began in mid-June and escalated into a near-total withdrawal on July 1, when the new payment model took effect. Thousands of criminal cases have been adjourned across all criminal court divisions, affecting accused people, victims, witnesses, gardaí, lawyers, judges and court staff.

In Trim District Court, about half of roughly 250 charges and summonses listed on Tuesday were postponed until October 13. A court registrar said the volume of adjournments meant judges were “speeding” through their lists. “That’s fine now, but there will be hell down the line,” the registrar said.

Courts Service data showed that only 702 legal aid certificates were issued in July under the new scheme, compared with 10,344 in the same month last year under the previous system. The action has also reduced solicitors’ incomes, particularly for sole practitioners and firms that rely heavily on criminal legal aid.

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effective and efficient

The dispute has contributed to a sharp rise in High Court applications seeking inquiries into the legality of detaining unrepresented people under Article 40 of the Constitution. Seventy-three applications were filed between July 10 and August 13, about 66 of them linked to the dispute, compared with 11 during the same period in 2025. Each case costs the State about €50,000 in legal expenses.

The new model pays a flat €520 per client, regardless of the number of charges or court appearances. The minister said the former system encouraged adjournments and facilitated abuses of legal aid certificates. He said the new arrangement was designed to provide an “effective and efficient” justice system and “is serving them best”.

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is serving them best