Still ‘a lot’ of criminal legal aid claims, minister says amid dispute

By Cillian Sherlock, Press Association

There is still “a lot of claims activity” relating to criminal legal aid, the Minister for Justice said, as he defended his fee reforms amid a withdrawal of services by a significant number of solicitors.

Minister Jim O’Callaghan has claimed the “vast majority” of solicitors on the legal aid panel are “still working” despite up to 200 indicating they would withdraw services – including most of those working in Dublin.

O’Callaghan said the total criminal legal aid panel contained 850 solicitors before the dispute.

However, the reliance on that figure has been challenged as fee payments show work is concentrated among a smaller amount of solicitors.

Tony Collier, partner at Ferrys Solicitors, said the 850 figure is also “inaccurate” as it contains lawyers who have retired, died, become judges, or gone to work for the Director of Public Prosecutions.

I can't make decisions based on what's in the interest of solicitors

He argued that the number of solicitors practising in criminal law on a full-time basis could be much lower.

He told the Press Association: “A large number of solicitors have made the decision to resign from the legal aid panel as a result of the new legal aid measures introduced.

“Those who have not resigned are not accepting new legal aid assignments under the new regime of legal aid, other than a very small few exceptions.”

Analysis of criminal legal aid payments to solicitors in 2025 shows that almost 60% of all the fees paid last year went to the 100 top-earning solicitors on the list – rising to 80% and more than 90% when expanded to top 200 and top 300 respectively.

There are 764 solicitors on that list.

Asked on Friday if he was understating the problem, Mr O’Callaghan said: “No, I don’t believe so – I see it from the other perspective as well.”

He said his department processes criminal legal aid claims from district court activity and added: “I’m seeing a lot of claims activity at present.”

He said there was a “huge amount of work going on throughout the country”.

O’Callaghan said there was “very vocal campaign” ongoing but said he had to do “what’s in the best interest of court users”.

“It’s my view that the adjournments that we’ve seen, that the multiple certificates that are being issued in respect of one person being brought before court – they are issues I just couldn’t hide away from.”

Asked whether he believed the 850 figure was an accurate depiction of solicitors working full time on criminal legal aid, he argued that “a lot” of the solicitors who have resigned “had no earnings last year”, adding: “It works sort of both ways in terms of it, but there’s a lot of activity – there’s a lot of solicitors who are out there.”

Pressed on whether he had seen a percentage change in activity compared with last year, Mr O’Callaghan said he had not “done that survey yet” but committed to publishing figures “in due course”.

The minister had previously said he would have been told to resign if he did not take action on criminal legal aid reform.

He implemented a flat-fee rate for criminal legal aid in the district court from July 1, prompting anger and withdrawal of services among solicitors practising in the area.

Previously, solicitors were given 240 euro for the first appearance and 60 euro on subsequent appearances.

The new 520 euro flat fee is equivalent to five appearances under the old system – which Mr O’Callaghan argues is the average amount of appearances for criminal legal aid cases – plus an 8% increase in fees which was given to all criminal lawyers this year.

He said he had published data on adjournments and added: “If it is the case that you’re going to get paid an extra fee if the case is adjourned, inevitably there’s going to be, I suppose, not a desire, but there’s going to be a practice of cases being adjourned on a far too routine basis.”

O’Callaghan added that non-criminal legal aid-funded cases had an average of three appearances, adding: “It raises the question why there is that difference.”

Collier told PA it was “entirely unfair” to compare non-criminal legal funded cases with legal aid cases as the latter often involve vulnerable people from disadvantaged backgrounds, with the vast majority involving drug and alcohol difficulties.

“We see an increasing amount of clients who are suffering with psychiatric difficulties, and unfortunately, they end up in the criminal justice system and a lot of supports that they should receive in the community they now unfortunately have to receive that in custody.”

Adjournments can also often arise out of delays on behalf of the prosecution and state agencies.

Other concerns over the scheme centre around the payment of the fee at the end of the case and circumstances in which solicitors are replaced.

O’Callaghan told reporters at Dublin Castle that legal aid certificates continue to come to his department.

However, it is understood some of these certificates may be attributed to judges assigning legal aid without nominating a solicitor.

O’Callaghan previously said he would have faced severe criticism for taking no action: “When you look at the data that I looked at and it’s now up on the website, had I got that report and decided ‘actually no, I won’t do anything about that’ and that came out a year from now, every single one of you should be telling me to resign.

“Because the data in that report is just unanswerable – that something needs to be done to this system in the district court.”