The findings come from a Gazette poll of more than 200 criminal law solicitors on the Department of Justice’s proposed changes.

The majority of respondents said it would make them less likely to continue taking on criminal legal aid work, raising serious concerns about the future availability of legal representation in the District Court.

The survey also points to strong concern about how the proposed new model would make it harder for defendants, particularly vulnerable defendants, to secure representation and would lead to delays in accessing a solicitor.

Key findings from the survey:

• 70 per cent said they would be ‘unlikely’ or ‘very unlikely’ to continue taking on District Court Criminal Legal Aid cases under the proposed model.
• 81 per cent believe the proposed changes would trigger an exodus from the Criminal Legal Aid Panel similar to that seen in Civil Legal Aid family law cases.
• 96 per cent said the proposed changes would negatively affect a defendant’s ability to secure legal representation, especially vulnerable defendants.
• 91 per cent said the proposed changes would lead to delays in defendants securing legal representation.
  83 per cent said the proposed flat-fee model is neither fair nor workable.

The Department of Justice plans to replace the District Court criminal legal aid system’s appearances-based payments with a single flat fee for representation from start to finish of a case, with the aim of reducing delays and simplifying administration.

The new arrangements are due to take effect on 1 July 2026.

While the Department of Justice claims the change will address structural issues, such as unnecessary adjournments and rising costs, the Law Society has warned that the proposals will not address existing challenges but will instead create new difficulties. If the changes are implemented, solicitors will leave criminal practice, with direct and lasting consequences for the public, particularly the most vulnerable in our society.

The Law Society has warned that a similar model is widely recognised as having failed in family law. The introduction of a flat fee in family law cases under the civil legal aid scheme led to an exodus of solicitors working under this scheme, as it became unviable to provide the service.

President of the Law Society, Rosemarie Loftus, said: “While we welcome real reform, these proposals are a cost-cutting measure dressed up as reform. These proposals represent a cap on legal representation.

“A proposal that could see 70 per cent of practising solicitors withdrawing their services is of no benefit to anyone. This survey sends a clear message to the Department of Justice. Criminal law solicitors do not believe the proposed changes are workable and they are warning very clearly that they will damage access to justice for people who depend on timely legal representation.

“Solicitors will leave the scheme, and when they do, access to representation will shrink, delays will grow and it will be the most vulnerable in our society who are most affected. Victims will also be negatively impacted by these delays.

“These proposals should not proceed without first ensuring there is meaningful engagement with the practitioners who deliver this service every day. True reform must reflect the realities of complex criminal practice and protect access to representation. The department should reconsider the proposal and work with the profession on real reforms that are fair, workable and consistent with the administration of justice.”

Tomorrow an information meeting will be held at the Law Society, Blackhall Place, for all solicitors who currently practise in the area of criminal law, or those who may be interested in practising in this area. Officials from the Department of Justice have been invited to attend to discuss the practical implications of the changes proposed.