Criminal legal aid fee overhaul may lead to 'exodus' of lawyers
Gordon Deegan
An overhaul of criminal legal aid fees will be introduced on July 1st, Minister for Justice Jim O’Callaghan has confirmed.
The Law Society has claimed that the introduction of a €455 “one accused, one fee payment” for criminal legal aid work will lead to an "exodus" of solicitors from criminal legal aid work and undermine the right to a fair trial.
The current system pays solicitors €239.38 per appearance per accused, and €59.86 for each subsequent court appearance.
In a written Dáil reply on the issue, O’Callaghan said that as part of a programme of reform of criminal legal aid, his Department reviewed more than 350,000 District Court cases which took place during 2022 and 2023.
He said that while criminal case volumes in the District Court have decreased, expenditure on criminal legal aid in the District Court has nearly doubled, from €19 million in 2015 to €37 million in 2024.
Figures last month released by the Dept of Justice show that in 2025, 20 solicitors received criminal legal aid payments between €500,000 (all figures include 23 per cent VAT), with the top paid amount of €972,551 to Dublin solicitor, Michael Hennessy.
This compares to 10 solicitors earning over €500,000 in 2024.
A further 12 in 2025 earned between €400,000 and €500,000 compared to 10 in that earning bracket in 2024.
Solicitors on the criminal legal aid scheme carry out the vast bulk of their work in the district court, but the 2025 and 2024 criminal legal aid totals also include fees paid for work in the circuit court and central criminal court, where higher fees apply.
In written replies to Deputy Ruairí Ó Murchú on the issue, O’Callaghan said that a Department review identified specific structural issues in the administration of criminal legal aid.
He said that these include payment per appearance, which incentivises additional adjournments; multiple certificates granted for related cases increase costs and complexity and multiple solicitors assigned in the same firm for related charges.
O’Callaghan also stated that the review identified a highly complex payment processing system, creating a significant administrative burden.
He said that the proposed reform of the criminal legal aid fee structure in the District Court is aimed at addressing these structural issues.
He said that the reform is aimed primarily at improving efficiencies; speeding up case resolution, and reducing unnecessary adjournments, while ensuring fair and sustainable remuneration for legal practitioners.
He said that the new flat fee model will mean that regardless of the number of appearances for one case, a set fee will be payable to solicitors.
He said that “the proposed reform is not intended to reduce the cost to the State of providing criminal legal aid.”
He said that instead it is intended to make the system work better for all concerned, by making it more efficient, reducing unnecessary adjournments, simplifying administration and speeding up case resolution.
He said that the new flat fee will be set at a rate that provides for full restoration of the so-called FEMPI cuts in line with the Programme for Government commitment.
He said that his Department has been engaging extensively with relevant stakeholders, including legal professionals and their representative bodies, on the proposed changes to the scheme.
He told Deputy Ó Murchú: “Officials from my Department met with the Bar Council and Law Society in May, July and October 2025, and again this month. My Department will continue this engagement in advance of the introduction of the new arrangements on July 1st.”
