Criminal legal aid solicitors warn services withdrawal set to run into new legal year

Criminal defence solicitors have warned senior judges their withdrawal of services over a new payment model in the District Courts could continue into October, after the new legal year opens.Letters were sent on Monday by leading Dublin-based criminal defence firm Ferrys LLP, on behalf of solicitors participating in the withdrawal, to the Chief Justice and the presidents of the High, Circuit and District Courts.The solicitors’ profession has made “enormous” effort to resolve the dispute, including by making “substantial concessions” regarding implementation of the new payment scheme for criminal legal aid work, it was stated. Despite this, they said, Minister for Justice Jim O’Callaghan has “failed to engage in any meaningful way” and had recently indicated he will not engage until after the High Court rules in October on a judicial review challenge to the scheme.READ MORE“This is an unfortunate position and seems to ignore the issues facing the court and the court users,” it was stated.“We have endeavoured to resolve this matter but, as you are no doubt aware, it is impossible to resolve such matters where one party fails to engage.“Unfortunately, in these circumstances, we are not in a position to provide criminal defence services under this imposed legal aid model, save for custody cases and protocol cases [priority cases involving children], when the new term commences.”The letters said the solicitors appreciated that “this will cause significant inconvenience and disruption to all parties, and in particular to complainants and victims of crime”, adding: “This is regrettable.” They “have made, and are making, every effort to resolve this matter in the meantime”, the letters concluded.The Department of Justice has been contacted for comment.The new legal year opens on October 5th with a resumption of full hearings across all court divisions. Full hearings of the District Court resumed in September. If the services withdrawal continues into the new legal year, legal and court service sources predicted it will cause serious difficulties for the management of criminal cases and trials, including ones involving rape and murder. A partial withdrawal of services took effect from mid-June and escalated to a near-blanket withdrawal from July 1st, when the new payment model came into operation. The action has led to the adjournments of thousands of criminal cases across all criminal court divisions, impacting accused persons, victims, witnesses, gardaí, lawyers, judges and court staff, and adding considerably to existing case backlogs.The impact was highlighted by Courts Service data showing about 700 legal aid certificates were granted in July 2026, the first month of implementation of the new model. More than 10,000 certificates were issued in July 2025 under the old model.While a minority of criminal defence solicitors have either not participated in the dispute or have resumed providing legal aid services, most continue to participate in the withdrawal.Sources say the resolve of Dublin-based solicitors is particularly strong, with all but two of the major criminal legal aid firms refusing to provide services. Other strongholds of the dispute include Bray, Cork city, Trim and Mayo while solicitors in some other counties, including Kildare, Laois, Kilkenny and Limerick, are providing services.The core of the new payment model is one flat fee of €520 per client, irrespective of the number of charges and court appearances. Based on an average five appearances, the €520 fee replaced the previous model of about €239 for a first appearance and €60 for each subsequent appearance.O’Callaghan has said the new model is aimed at ensuring an “effective and efficient” system of justice. The old system, he said, encouraged adjournments and facilitated “abuses” in terms of multiple legal aid certificates.The Minister said he made “very fair concessions” regarding the payment model, including a front-loading of payment of two-thirds of the €520 fee.In response to a suggestion from the Law Society that an independent mediator be appointed in the hope of breaking the impasse, the Minister indicated earlier this month he was not, at that stage, in favour of that option. Defence solicitors say the new model, as it stands, means they are expected to work for free in difficult and complex cases involving multiple charges and appearances. They say the reforms were imposed without “meaningful” engagement with the Law Society and that two changes could see them return to work immediately. They want a certificate to be issued per offence committed on separate dates, with a cap of five certificates per defendant, per court, per day. They also want a further certificate once a case exceeds 10 court appearances. Such cases often involve children and people with mental health issues.