Solicitors strike continues to affect local court sittings
Only cases involving defendants in custody on remand proceeded.
Court business in Cavan and Monaghan remains significantly curtailed as solicitors engaged in criminal legal aid work continue to withdraw their services in bail-related cases as part of a nationwide protest against proposed changes to legal aid payment scheme.
In Monaghan on Monday and in Cavan on Tuesday, solicitors addressed the court of the situation before all cases were adjourned to another court date.
Only cases involving defendants in custody on remand proceeded.
In Monaghan on Monday, Judge Raymond Finnegan was given an update on the situation by Kevin Hickey, solicitor, who spoke in his capacity as president of the Monaghan Bar Association.
Mr Hickey began by stating that the unfortunate stand-off was “due to the intransigence of the Department of Justice”, and in particular the Department’s “failure to furnish practitioners with reasonable and acceptable proposals” in relation to criminal legal aid.
The long-serving Clones-based lawyer made the point that there had been a reduction in legal aid fees as far back as 2008, and that those payment levels were never reviewed upwardly since that time. He also noted that the Law Society of Ireland had been negotiating with the Department, “but to no avail.”
The new proposed model would see solicitors paid a fixed fee of €455 per client, regardless of the number of court appearances required, the complexity of the case, or the amount of work involved. Under the current system, legal aid payments are linked to the number of court appearances.
The reforms stem from a government-commissioned review which recommended a “one accused, one fee” approach. The review argued that a single-fee structure would simplify administration and reduce opportunities for potential abuse, citing cases where multiple legal aid certificates had been issued to individual defendants.
The strike action follows a trend carried over from the previous week, where on Thursday in Cavan, Martin Cosgrove of Cootehill-based A.B. O'Reilly Dolan Solicitors, gave a similar assessment of the ongoing stand-off.
Friday's court in Cavan was also affected, as was Tuesday's district and circuit court sittings this week.
The Cavan Circuit Court term started today and is scheduled to run for two weeks. All cases have now been adjourned until next Tuesday, June 30.
Speaking to The Anglo-Celt outside, Mr Cosgrove said the new flat fee would apply equally to minor offences and the most serious criminal prosecutions.
“A case could involve a minor theft or serious allegations such as rape or sexual assault. A solicitor might have to attend court 10 or 20 times, yet the payment would remain at €455,” he said. “Solicitors will still be required to attend every court hearing regardless of the fee structure.”
Prior to those reductions, solicitors received €271 for the first day of a case and €67.80 for each subsequent appearance. The rates were reduced to €239.38 and €59.86 respectively and have remained largely unchanged since.
Mr Cosgrove also rejects suggestions that the increased expenditure reflects excessive payments to solicitors, and believes the expenditure requires greater context, pointing out that criminal cases have become increasingly complex.
“The real concern is that a flat-fee system creates pressure to dispose of cases as quickly as possible. Solicitors may be encouraged to have matters concluded before full disclosure is available,” he said. “In reality, most adjournments occur at the behest of the State. They are caused by delays in obtaining DPP directions, forensic reports or certificates of analysis. Some forensic results are currently taking up to 15 months.”
Cavan Town-based solicitor Niall Fox shares his colleagues' concerns.
Mr Fox suggests the Department's rationale for reform was based on a relatively small number of exceptional cases.
“The Department is focusing on a handful of cases where multiple legal aid certificates were granted. Those cases are not representative of what happens across most of the country.”
He also warned that the proposed model could drive experienced practitioners away from criminal defence work.
“We've already seen a similar flat-fee structure introduced in family law. It has driven many experienced practitioners out of that area because the remuneration no longer reflects the work involved. The same thing could happen in criminal law, with serious consequences for vulnerable defendants who rely on legal aid representation.”
While the Law Society is not coordinating the nationwide protest effort, it has been engaged in discussions with the Department of Justice regarding the proposed changes.
Over the past decade to 2025, the number of legal aid certificates issues has risen by 82.8%, from 53,937 in 2015 to 98,617 in 2025. Expenditure has broadly followed this trajectory, more than doubling overall from €19.3 to €40.7 million over the same period.
Certificate volumes reached record levels by 2024, and those the rise somewhat plateaued last year costs, however, continued to increase. While certificate numbers increased by just 0.4% between 2024 and 2025, associated costs rose by 7.7%, from €37.8 million to €40.7 million.
At scheme level, total Criminal Legal Aid expenditure increased sharply from €89.4 million in 2024 to €120.6 million in 2025, up 34.9 per cent.