Ferrys Solicitors partner Tony Collier was quoted by Irish Legal News on June 17, 2026 as criminal defence solicitors halted legal aid work on bail cases in the District Court, Circuit Court, Central Criminal Court, Special Criminal Court and Court of Appeal until the end of the week. Our criminal defence team represents legally aided clients in the District Court every day and is directly affected by the scheme at the centre of this dispute.
Mr Collier said solicitors had been informed that the Department of Justice was not engaging on a meaningful, substantive basis with the Law Society over the introduction of the proposals.
"The consequence of this proposal would be to remove the cash flow on which criminal legal aid defence solicitors depend to run their offices, to pay their staff and to meet the other necessities of professional practice," he said.
"In short, the proposal is one which makes the practice of criminal legal aid defence work unviable."
The cash flow problem explained
Under the existing scheme, a solicitor is paid for each court appearance on behalf of a legally aided client. That means a firm like Ferrys is paid as work is done across the life of a case, which can involve many remand and mention dates before a matter is finally dealt with.
The Department's plan, due to start on July 1, replaces that with a single fee per client regardless of the number of charges or appearances. Ferrys' concern, as Mr Collier explained, is not only the size of the fee but when it is paid. A single fee at the end of a case means a practice carries the cost of staff, offices and every court attendance for months with no income from that case until it concludes.
For Ferrys, whose criminal defence team is in the District Court daily on behalf of legally aided clients, that is the difference between a sustainable practice and one that cannot afford to take on the work at all.
Who is affected
Custody cases were not affected by this week's withdrawal, so clients held in custody continued to be represented. Clients on bail faced adjournments while the action continued.
Criminal defence lawyers argue the changes would threaten representation for vulnerable defendants, many of whom cannot afford a solicitor and rely entirely on the legal aid scheme.
The Department's position
A Department of Justice spokesperson said it was aware of reports of a potential withdrawal of some services. The reforms follow a government review which said a "one accused, one fee" model would simplify administration and "reduce opportunities for abuse", citing cases in which dozens of certificates were issued to a single defendant and noting that District Court criminal legal aid spending rose from €19 million in 2015 to €37 million in 2024.
The Law Society, which is not coordinating the action, said it was continuing discussions with the Department and had highlighted concerns about aspects of the proposed reforms.