Rosemarie Loftus

Under the old system, solicitors received roughly €240 for a first court appearance and €60 for each one after that. The new scheme replaces this with a single flat fee of €520, regardless of how many times a case comes to court.

Law Society president Rosemarie Loftus said solicitors are quitting the panel in record numbers, with growing numbers already refusing to take on this work under what she called a fundamentally unworkable system. She compared it to reforms in family law, which she says pushed solicitors out of that field and left parts of the country without adequate services, leaving the Legal Aid Board unable to guarantee consistent coverage nationwide. She warned the same pattern would likely repeat in criminal law.

O’Callaghan has defended the change, arguing the old model rewarded solicitors for seeking adjournments since more appearances meant more pay. He says the new €520 fee is a substantial increase overall, based on an average of five appearances per case, and should encourage faster resolution of straightforward District Court matters.

Loftus countered that the new scheme delays payment until a case fully concludes, potentially leaving small firms waiting months to be paid, something she says many practices simply can’t sustain financially.

According to The Journal, she also criticised the scheme for not accounting for more complex or sensitive cases, such as those involving children or people with mental health or capacity issues, which tend to take longer and require a different approach than routine matters.

The dispute has already caused disruption: solicitors’ withdrawal of services in protest led to the adjournment of thousands of District Court cases recently, causing delays across the justice system.