Solicitors withdrew criminal legal aid services across Ireland on 22–23 July, causing widespread adjournments and a near standstill at Wicklow Circuit Court. A Galway judge apologised to a domestic violence victim for delays caused by the dispute.
The new model, effective 1 July, pays a single €520 fee per case regardless of court appearances, replacing a per-appearance system that paid €240 for the first two cases and €60 for each subsequent hearing.
Minister Jim O'Callaghan agreed to meet the Law Society after receiving a request on 22 July, but said he will not reverse the reforms. He argues the old system allowed multiple certificates for one accused, citing 130 certificates for a money-laundering case.
Department of Justice data shows over 30 cases in 18 months with dozens of certificates per accused, including 94 for deception and 93 for sexual assault. The minister says the flat fee will disincentivise unnecessary adjournments.
Criminal courts across Ireland ground to a near halt on 22 and 23 July as solicitors withdrew legal aid services in protest against a new flat-fee payment model. At Wicklow Circuit Criminal Court, a full list of District Court appeals resulted almost entirely in adjournments, and the disruption was expected to continue on 23 July. In Galway, Judge Brian O'Callaghan apologised to a domestic violence victim for what he called "this stupid and ridiculous legal system" after her sentencing hearing was deferred because of the dispute. The victim, who had developed a stress-related tremor, broke down in court describing the delay as "extra torture". The judge brought the hearing forward to the following Tuesday, saying the deferral was "just wrong".
“this stupid and ridiculous legal system”
The new regulations, introduced on 1 July by Justice Minister Jim O'Callaghan, pay solicitors a single €520 per criminal legal aid case regardless of the number of court appearances. The previous system paid €240 for the first two cases, €144 for each additional case on the first day, and €60 for each subsequent hearing day. Solicitors began industrial action in June and escalated to a near-total withdrawal of services in Dublin this week, with plans for a three-day strike next week. The minister says the change is designed to speed up the District Court, citing department research that legal aid cases took an average of five court appearances to resolve compared with three for non-legal aid cases.
Minister O'Callaghan has pointed to what he describes as exploitation of the old payment structure, where solicitors could obtain multiple certificates for a single accused. Department of Justice data shows that in the last 18 months, more than 30 cases accrued dozens of certificates each. The highest was 130 certificates for a Dublin money-laundering case, followed by 94 for deception, 93 for sexual assault in Wexford, 78 for theft in Dublin, and 70 and 56 for two separate theft cases in Letterkenny. The minister said he is "not prepared to allow that system to continue".
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Limerick solicitor Tom Kiely cautioned that defendants who choose to represent themselves during the strike risk long-term harm. "That person doesn't realise the consequences a criminal conviction will have," he said, noting that even a minor public order conviction can block employment and travel. A lawyer, he added, can often secure a non-conviction disposal through the Probation Service. The Law Society said the flat fee is "unworkable" and will create "legal deserts", leaving vulnerable people without representation. Its president Rosemarie Loftus and director general Mark Garrett met TDs and the Tánaiste's office last week to press for dialogue.
“That person doesn't realise the consequences a criminal conviction will have. Even if you have a minor conviction for public order under the Misuse of Drugs Act, that'll stop you getting certain employment. It'll stop you travelling, getting visas.”
Speaking on RTÉ's Morning Ireland, Jim O'Callaghan rejected suggestions he had been intransigent, saying he had met the Law Society in May and his officials had met them in January, March and June. The first request for a meeting since the regulations were introduced came on the night of 22 July, he said. "I will meet with them. I have no difficulty meeting with them," he stated, while adding: "I'm not going to go back to the old system whereby multiple certificates can be issued to solicitors who are representing the one accused for the District Court." He said he might consider the structure of the flat fee, which solicitors object is paid only at the end of a case.
“I'm not going to go back to the old system whereby multiple certificates can be issued to solicitors who are representing the one accused for the District Court.”
The minister's agreement to meet the Law Society offers a potential path to talks, but neither side has signalled a willingness to compromise on the core fee model. With a three-day strike planned for the following week and a growing backlog of adjourned cases, pressure is mounting on the justice system. Judge Brian O'Callaghan said he would be "very disappointed" if the dispute continued into next week.
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Criminal cases across Ireland have been adjourned as solicitors withdraw services over a new €520 flat fee per legal aid case, while Justice Minister Jim O'Callaghan agrees to meet the Law Society but insists he will not reverse the 1 July reforms.
AI text based on reports by Irish Examiner, RTE.ie, The Irish Times and other publishers. Published .