Legal aid: O’Callaghan disputes claims of solicitor exodus

Legal aid: O’Callaghan disputes claims of solicitor exodus

Jim O’Callaghan

Justice minister Jim O’Callaghan has rejected claims that solicitors are leaving the criminal legal aid scheme in large numbers following the introduction of fee reforms.

The changes, which came into force this week, have prompted widespread disruption in District Courts, with cases adjourned and criminal defence solicitors staging walkouts in Dublin and Cork. Opposition to the new payment model has also been reported in Mayo, Galway and Limerick.

Under the new system, solicitors receive a flat fee of €520 for representing a legally aided client in a District Court case, regardless of the number of hearings. Previously, they were paid €239.38 for the first appearance and €59.86 for each subsequent appearance.

Solicitors in Dublin have stopped acting for accused people on bail, providing advice to suspects in Garda custody and representing defendants appearing on new charges.

Yet a statement issued on behalf of Mr O’Callaghan said that, as of yesterday morning, no solicitor had formally resigned from the criminal legal aid panel.

It said only four of the panel’s 800 solicitors had notified the Department of Justice that they intended to withdraw, adding that new legal aid certificates continued to be issued on solicitors’ applications across the court system.

The full scale of the protest remains unclear, with many solicitors indicating they will simply stop accepting legal aid work rather than formally resigning. Others have instead informed the president of the District Court that they are unable to accept new assignments. The Courts Service said the number of such notifications was “in double figures”.

Mr O’Callaghan has defended the reforms, arguing the previous payment system was vulnerable to abuse and encouraged unnecessary adjournments.

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