'Things need to be moved on': Warning of legal challenges over solicitors' pay dispute
Solicitors protesting against the new fees system during the summer. File picture: Collins Courts
The ongoing dispute between solicitors and the Department of Justice over a new flat rate criminal legal aid fee will end up costing the State significantly because of legal action being taken against detention, solicitors have warned.
It comes as solicitors across the country are pledging to continue their action against the imposition of a new fee system, which came into place on July 1.
Solicitors now receive a flat rate of €520 per case, regardless of the number of district court appearances.
Under the previous model, solicitors received approximately €240 for a first appearance and €60 for each subsequent appearance.
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In Dublin on Tuesday morning, more than 100 criminal defence lawyers will continue their withdrawal of services when the courts return after the August break.
A statement from the solicitors said: “This new fee structure was introduced by the Minister for Justice on July 1 without any meaningful negotiations or consultation with criminal defence solicitors or the body which represents all solicitors, the Law Society of Ireland.”
Similar actions are being taken by solicitors in Cork and across the country — although a decision has been taken by some solicitors to return to courtrooms.
One solicitor, who spoke to the on the condition of anonymity, said he is among those returning to work on Tuesday.
He rejected an assumption that his decision to return to work was income-related.
He said: “There is pressure from clients that I have looked after down through the years — some of them have mental health issues and they want to get rid of these cases.
"And then there is the horrendous situation where we couldn’t take phone calls from Garda stations.
A judgement delivered on Monday by Mr Justice Garrett Simons in a case taken by a Patrick Kinane against Cork Prison, with the justice minister named as a notice party, referenced the dispute.
Mr Justice Simons said: “One unfortunate consequence of this dispute is that, in many district court cases, there are no readily identifiable solicitors who are willing to accept assignments under the fee arrangements introduced by the Criminal Justice (Legal Aid) (Amendment) Regulations 2026.
"This has brought about a situation whereby individuals accused of criminal offences are now regularly appearing at bail hearings unrepresented. Mr Kinane was one such individual.”
Several habeas corpus applications for the release of clients whose solicitors refused to represent them because of the dispute have been brought before the courts in recent weeks.
The solicitor said: “The minister says he is saving money but he is leaking money through those habeas corpus cases and it is also very frustrating for the gardaí because they can’t do their jobs properly.
"If they have someone in the Garda station, they can’t interview them because they know full well that the interview may be open to challenge at a later stage. I don’t know where he is coming from on it.”
The solicitor said he remains frustrated and angry about the imposition of the flat fee. “If the minister had a dialogue with us, I believe everything would be sorted. He altered the scheme without proper consultation and then having done that, he ran with the ball after that.”
He said the increase in the flat fee from the original plan of €455 was not in keeping with a report from Mr O’Callaghan’s own department, which had advocated a flat fee of €580.
The solicitor said: “If he would just sit down and talk to us, he would find that people are not unreasonable. I feel going back that we are giving a little bit of breathing space.”
He said it is possible that an early release system may have to be introduced because of the pressures on the prison system, pointing out: “A large number of people who are in custody at present are waiting for Central Criminal Court and Circuit Criminal Court trials which cannot happen because of the strike. Things need to be moved on.”
Cork solicitor Tom Coughlan is a member of the Southern Law Association which held a meeting on Monday to gauge the views of its members in relation to what action to take when the courts return on Tuesday.
While Mr O’Callaghan has said the number of cases coming before the district court has not dramatically changed, Mr Coughlan said that “the nature of the cases coming before the district court continue to be more serious and indeed based on more serious charges coming before the courts".
Mr Coughlan added: “Many people who receive free legal aid have complex needs.
He stressed that the population of Ireland has also grown from 4.64m in the 2015 census to 5.45m in the 2025 census. “It is also a fact that there are more homeless people in Ireland than ever.
"In 2015, the number of recorded homeless people was 5,000.”
Latest figures from the Department of Housing show that 17,527 people were living in emergency accommodation in July.
Mr Coughlan said more people from the “working poor” cohort are now also in receipt of legal aid certificates.
Sinn Féin TD Pa Daly, who is also a solicitor, urged Mr O’Callaghan to take action on settling the dispute.
He said: “He has boxed himself into a corner because the necessary attention was not given to this all along but he needs to box clever and get himself out of it, sit down, and sort things out. I believe it is possible with the necessary graft.”
Mr Daly added: “If there is a serious case which does not proceed to trial or convictions are not obtained because of some technicality here, that could have serious consequences for him.”
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