Solicitors Urge Service Withdrawal Over New Flat-Fee Legal Aid Plan Starting July 1st

Over 150 solicitors met in Dublin on Tuesday to discuss the Department of Justice's new «one flat fee» payment model for District Court criminal legal aid work, set to begin July 1st. The meeting, which lasted almost two hours, led to some court hearings being adjourned nationwide, including in Dublin, Trim, Wexford, and Mayo, as instructing solicitors were absent.

Calls were made for solicitors to withdraw services for emergency court sittings, including night, Saturday, and bank holiday sittings, if the controversial plan proceeds. The Law Society stated solicitors expressed concerns about «mounting access to justice challenges» with the proposed changes. Department officials were invited but did not attend.

This follows a Law Society Gazette survey of over 200 criminal law solicitors, revealing deep concern about replacing the current appearance-based system with a flat-fee model. A large majority believe the changes would hinder vulnerable defendants' representation and cause trial delays. Solicitor Shane McCarthy, committee chair, emphasized that solicitors' concerns are serious and widely shared, warning the proposals would lead to them refusing District Court legal aid work, impacting defendants and the justice system.

Solicitor Amanda Connolly, vice-chair, noted significant anger among solicitors over the department's approach and undervaluing of their role. The department's plan aims to reduce delays and simplify representation by replacing appearance-based payments with a single flat fee from start to end of a case. This follows a review of over 350,000 District Court cases from 2022-2023, which noted criminal legal aid expenditure in the District Court rose from €19 million in 2015 to €37 million in 2024. A core proposal is a €455 «one accused, one fee» payment, regardless of appearances, replacing current payments of €239.38 for a first appearance and €59.86 for subsequent ones. A €100 flat fee is also proposed for District Court cases referred to the Circuit Court.