A FINAL DECISION on the new flat fee for criminal legal aid solicitors is expected to be made today, as talks continue over the weekend following a week of significant disruption across the courts system.
Thousands of District Court cases have been adjourned in recent days after criminal defence solicitors withdrew their services in protest at proposed changes to how they are paid, leading to delays and knock-on impacts across the criminal justice system.
The dispute centres on plans by Minister for Justice Jim O’Callaghan to replace the current appearance-based payment model with a flat fee per District Court case.
At present, solicitors are paid around €240 for the first appearance and about €60 for each subsequent sitting, but the new system would instead see a single payment regardless of the number of court appearances.
While the final figure has not yet been confirmed, it is expected to land somewhere between €455 and €582 per case.
“The minister and his officials are this weekend finalising the quantum of the flat fee in consultation with the Department of Public Expenditure,” a Department of Justice spokeswoman said.
The introduction of the new model has been strongly opposed by the Law Society, which warned it would make criminal legal aid work unsustainable and lead to an “exodus” of solicitors from the area.
Speaking last week, O’Callaghan defended the proposed reform and said he saw “no reason as to why there’s any need for solicitors to withdraw their services”, adding that “even if they do, the administration of justice must go on”.
“At present, the payment is €240 for the first day and €60 for every adjourned date after that. I’m proposing giving a flat fee of €455 per case, and as I say, criminal cases in the district court should be dealt with summarily and promptly,” O’Callaghan said.
The minister has argued the reforms are aimed at improving efficiency, reducing unnecessary adjournments and creating a more sustainable system, while acknowledging there has been “extensive engagement” with stakeholders since October 2025.
Last week the Department of Justice carried out a report which found that solicitors were “maximising” their earnings through criminal legal aid payments. After the report was released, O’Callaghan said “there are very clear abuses going on in the system”.
Rosemarie Loftus, president of the Law Society, wrote to O’Callaghan to express the Law Society’s concerns with the report, which it said made assertions that are “flawed and are not a true reflection of practice in this area”.