Ferrys Solicitors partner Tony Collier provided the counter-argument in a Press Association report published by BreakingNews.ie on July 17, 2026, after the Minister for Justice, Jim O'Callaghan, claimed the "vast majority" of solicitors on the criminal legal aid panel were "still working" despite up to 200 indicating they would withdraw services. Our criminal defence solicitors represent clients at every stage of criminal proceedings, from Garda station advice through District Court hearings.
The Minister said the panel contained 850 solicitors before the dispute. Mr Collier said that figure is "inaccurate" as it contains lawyers who have retired, died, become judges or gone to work for the Director of Public Prosecutions. He argued that the number of solicitors practising criminal law full time could be much lower.
"A large number of solicitors have made the decision to resign from the legal aid panel as a result of the new legal aid measures introduced," he said. "Those who have not resigned are not accepting new legal aid assignments under the new regime of legal aid, other than a very small few exceptions."
The point is borne out by the fee data. Analysis of 2025 payments shows almost 60% of all criminal legal aid fees went to the 100 top-earning solicitors, rising to more than 90% for the top 300. Firms like Ferrys, which carry a large volume of District Court legal aid work, are precisely the firms that have withdrawn.
'Entirely unfair' comparison
The Minister said non-legal aid cases averaged three appearances against five for legal aid cases, and asked why there was that difference.
Mr Collier told the Press Association it was "entirely unfair" to compare the two, as legal aid cases often involve vulnerable people from disadvantaged backgrounds, with the vast majority involving drug and alcohol difficulties.
"We see an increasing amount of clients who are suffering with psychiatric difficulties, and unfortunately, they end up in the criminal justice system and a lot of supports that they should receive in the community they now unfortunately have to receive that in custody," he said.
This is the reality of Ferrys' District Court practice. Adjournments in these cases are frequently driven by the need for psychiatric or addiction assessments, by the prosecution awaiting DPP directions, or by State agencies, not by solicitors seeking extra fees.
The Minister's position
The Minister said he was "seeing a lot of claims activity at present" and that the adjournments and multiple certificates were issues he "just couldn't hide away from". He had not yet compared activity levels with the previous year but committed to publishing figures. The new €520 flat fee replaced €240 for a first appearance and €60 for subsequent ones. It is understood some certificates reaching the Department may be attributable to judges assigning legal aid without nominating a solicitor.