Criminal defence solicitors escalate dispute with Justice Minister

Striking solicitors have escalated their long-running dispute with Justice Minister Jim O’Callaghan over reforms of payments under the criminal legal aid scheme.

At the outset of her list on Monday, Ms Justice Karen Dowling told Court 4 of the Central Criminal Court: “There’s an industrial dispute, so there won’t be any practitioners present.”

She explained to those awaiting for their cases to be heard that, as a result, there would be “no difficulty in putting things back” if they wanted to await legal representation.

As the list progressed with some cases being put back and others choosing to represent themselves, one defendant asked for matters before another court to be dealt with by Ms Justice Dowling was told: “I can’t do anything today, there’s no solicitors – look around.”

She was later told by one solicitor present in court that “there’s a few of us still working”.

The escalation also manifested upstairs at the Circuit Court, where Mr Justice Paul McDermott was told that a solicitor representing a defendant in custody would not be appearing and counsel had been withdrawn.

A defence barrister said that the solicitor had informed the court in a letter.

However, Mr Justice McDermott took issue with this and said that such a letter would not amount to an application and that there was an existing process where there must be a ruling of the court on the matter under the Practitioners Act.

He said “it is as simple as that”, and added: “You can’t simply unilaterally withdraw.”

Earlier this year, Mr O’Callaghan introduced a 520-euro flat fee for criminal legal aid cases – which is designed to be equivalent to five appearances, which was the average, under the old scheme plus an 8% increase in fees given to all criminal lawyers.

Under the old system, solicitors were given 240 euro for a first appearance with a legal aid client and 60 euro thereafter.

Striking solicitors have rejected the new flat-fee model and have requested further engagement with the Department of Justice.

Mr O’Callaghan has indicated that he is awaiting the determination of a judicial review on the legality of the reforms before engaging in further mediation.

However, critics of the new scheme argue this alone would not be a benchmark for its appropriateness.

The Law Society has said the High Court itself has urged the parties involved in the judicial review of the Criminal Legal Aid Scheme to resolve the matter outside of court.

It has also pointed to concern over the dispute raised by the Chief Justice , adding: “The Law Society agrees that this matter needs to be resolved without any further delay and again calls on the Minister and his officials to meet directly, as the Minister has previously ruled out mediation. T

“The Law Society has repeatedly sought to resolve this dispute.

“Our objective is to secure an effective and sustainable criminal legal aid system that protects access to justice and commands the confidence of those who use it.”

Tony Collier, a partner at Ferrys Solicitors who has withdrawn service, said the dispute could stop “immediately” if Mr O’Callaghan engages.

He told RTÉ’s Morning Ireland “It’s not a one-day withdrawal of services; it is the commencement of an all-out withdrawal of service.”

Asked how long the action would last, he replied: “For as long as it takes the Minister to engage.

“We want to return to work – we’ve explained that repeatedly to the minister – it is the Minister that won’t engage.

“The Law Society are ready and waiting to have meetings.

“This can actually stop immediately. This could stop today with the proper engagement from the minister.”

The Social Democrats’ justice spokesman Gary Gannon accused the minister of “hiding” behind the judicial review process

He said: “Today, our courts have been thrown into further chaos, with some criminal defence solicitors extending their withdrawal of legal aid services to almost all cases, including those of people in custody, private cases and cases involving children.

“I have feared for months that this was the direction we were heading and unfortunately it has now come to pass.

“Minister O’Callaghan’s get-tough approach with solicitors has been a complete disaster and has put our criminal justice system on the verge of collapse.

“Thousands of cases have been adjourned since he pushed through his changes to the free legal aid payment system in July, adding to existing backlogs in our courts.

“In refusing to engage with solicitors, the minister is needlessly hiding behind the delayed outcome of a judicial review into the new payment scheme, despite a High Court judge in that case urging the parties to try to resolve the issues themselves.”

Mr Gannon added: “The Minister for Justice has been an impediment to progress.

“He must now be sidelined to allow for meaningful engagement between the Government and solicitors, with talks led by the Taoiseach if necessary.”

A spokeswoman for Mr O’Callaghan said he had introduced an 8% increase in criminal legal aid fees payable to solicitors and barristers in the Circuit Court and higher courts from 1st July 2026.

“This represents the total restoration of the criminal legal aid fees cut under FEMPI so it is unnecessary and regrettable that some solicitors are choosing to withdraw their services.

“However, over 150 solicitors across the country are actively working the new criminal legal aid system with more than 3,385 certificates issued (invoices for payment) for legal aid with an approximate value of over 1.7 million euro since July 1.

“Of the cases concluded under the new system since July 1 2026, 75% concluded with one court appearance and 99% of concluded cases were finalised within five appearances.

“Prior to July 1 where a case concluded in one appearance, the solicitor would earn approximately 240 euro – under the new system, solicitors earn 520 euro.”

Solicitors engaged in the dispute have challenged the figures and called for greater access to data used by the Department to formulate the reforms.