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More than 100 Dublin solicitors have discussed intensifying their opposition to the new €520 flat-fee criminal legal aid model, including the possibility of seeking coordinated action from barristers. The Government says the reforms will simplify payments and improve court efficiency, while lawyers warn that service withdrawals could disrupt hearings and increase bail-related challenges as the District Courts fully reopen.
A dispute over the restructuring of criminal legal aid payments in Ireland is set to intensify as solicitors consider seeking support from barristers, including the possibility of coordinated withdrawals of service.
More than 100 Dublin-based solicitors met on Thursday to discuss how to respond to the new payment model introduced by Minister for Justice Jim O'Callaghan. While no formal decision was taken to ask barristers to join the action, participants discussed the option as part of a broader campaign against the reforms. Solicitors have already been withdrawing their services since last month, disrupting the normal operation of the courts.
The consequences are expected to become more visible in the coming week, when District Courts across the country fully resume business following the summer recess. The dispute centres on the replacement of the previous appearance-based system with a single flat payment of €520 per client or case. The Department of Justice says the fee was calculated to reflect the average number of appearances under the former arrangements, which was estimated at five.
O'Callaghan has argued that the revised structure will make the District Court more efficient for court users, simplify remuneration for lawyers and reduce the administrative work associated with processing multiple payments. He has also said that the interests of accused people, victims, court users and the wider justice system depend on a stable and effective legal aid service.
The minister rejected a proposal from the Law Society that up to five legal aid certificates could be issued for separate and distinct matters involving the same defendant before the same court on the same day. O'Callaghan said this change would effectively restore the possibility of multiple certificates and undermine the central purpose of the new model, which is to provide one fee per case.
He maintained that several adjustments had already been made in response to concerns from legal professionals. The flat fee was increased from €455 to €520, a proposed €100 payment for cases sent forward for trial was abandoned, and a separate payment was introduced for certificates connected with the execution of bench warrants. Solicitors involved in the protest say the new arrangement does not adequately reflect the complexity and workload involved in criminal defence cases.
Tony Collier, a partner at Ferry's Solicitors, said the Thursday meeting made clear that the withdrawal of services would continue. He noted that only two special District Court sittings were held each day in Dublin during August and warned that the return to a full schedule could increase pressure on the courts. The dispute has already raised concerns about accused people seeking to protect their right to bail because the State may be unable to provide them with a solicitor.
Collier said lawyers were worried that more such applications could be made during September. O'Callaghan has urged all solicitors who provide criminal legal aid to participate in the new scheme as the courts reopen. He said a mechanism was available to assess the operation of the arrangements using objective evidence and argued that substantial accommodations had already been made.
Solicitors opposed to the reform, however, remain unconvinced and are examining whether the involvement of barristers could increase pressure on the Government. Any broader withdrawal of legal services could cause further delays in hearings, affect bail applications and place additional strain on the administration of criminal justice. The coming weeks are therefore likely to determine whether the disagreement remains a dispute between the minister and solicitors or develops into a wider confrontation involving the country's criminal defence profession
Ireland Criminal Legal Aid Solicitors Barristers District Court
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