Tony Collier of Ferrys Solicitors has called for meaningful engagement to resolve the continuing dispute over criminal legal aid fees, warning that the withdrawal of services risks serious disruption to criminal trials and access to justice. Our criminal defence solicitors act for clients in the District Court, Circuit Court and Central Criminal Court, much of it under the criminal legal aid scheme.
Why solicitors have withdrawn services
Criminal defence solicitors in many parts of the country have withdrawn services in opposition to a flat-fee model introduced for District Court criminal legal aid cases. Under the new system, solicitors receive €520 per case regardless of the number of court appearances required.
The previous system paid solicitors per court appearance. Practitioners opposing the reforms have argued that a single flat fee does not reflect the work required in cases involving multiple hearings or complex issues, particularly where adjournments are sought by parties other than the defence.
The Law Society's call for an independent mediator
The Law Society has renewed its call for the appointment of an independent mediator to help bring the dispute to a resolution. The Minister for Justice, Jim O'Callaghan, has said that mediation would be inappropriate while a judgment is awaited in a judicial review challenge to the new payment model.
Speaking following a Law Society meeting attended by more than 240 solicitors in person and online, Tony Collier described the Minister's position as "absurd" and said that solicitors remaining in the protest were resolute.
What continued withdrawal means for criminal trials
Mr Collier said the continued withdrawal of criminal defence solicitors would have a serious effect on Circuit Criminal Court and Central Criminal Court trials.
He noted that the impact would extend beyond accused persons to complainants seeking resolution through the criminal justice process.
The Department's position and where the dispute stands
The Department of Justice has said that the revised model is intended to provide greater certainty and administrative simplicity.
The dispute remains ongoing as solicitors and the Law Society continue to seek a mechanism for engagement and resolution. Earlier this month, Mr Collier called on the Taoiseach and Tánaiste to intervene as the number of legal aid certificates granted fell sharply.