Crisis point
Legal aid, both civil and criminal, are in crisis, with serious consequences for those who rely on it and for the solicitors who provide these essential services, writes Rosemarie Loftus.
In civil legal aid, the situation is stark, as illustrated by recent Legal Aid Board figures. People are waiting an average of almost six months for a first consultation, with delays exceeding a year in some parts of the country.
At the same time, the number of solicitors participating in the scheme has fallen by more than 60% over the past decade, with reductions recorded in every county.
This trend is particularly concerning for rural communities, where access to legal services is already under increasing pressure and exacerbating the risk of legal deserts.
I want to acknowledge the many solicitors who serve their communities, despite these challenges. But a system that depends on goodwill alone is not sustainable. Fees have failed to keep pace with inflation and many associated costs are not reimbursed.
The Legal Aid Board itself has recognised the need for increased investment to safeguard the scheme’s future viability.
Strengthening civil legal aid
In July, I wrote to the minister outlining our concerns. Following a constructive meeting with senior Department of Justice officials, the Law Society submitted proposals aimed at improving access to civil legal aid and strengthening the system for practitioners.
A key recommendation is the introduction of a fair and sustainable level of remuneration for solicitors providing services under the private practitioner scheme.
With Budget 2027 due on 6 October, the Government now has an opportunity to address these longstanding challenges through meaningful investment in the civil legal-aid system.
We will continue to make the case for the changes required to ensure that the scheme remains viable for both service users and practitioners.
Concerns about sustainability and access to justice also lie at the heart of the ongoing dispute over the new criminal legal-aid scheme.
The minister’s reluctance to engage meaningfully on two key issues raised by the profession, and his decision to defer discussions until after the High Court judicial-review judgment, is deeply disappointing.
As uncertainty persists, the consequences are being felt through disruption, delay and growing backlogs across the justice system.
Impasse resolution?
The Law Society’s significant endeavours to find a resolution to the impasse continues.
Appearing before the Oireachtas Justice Committee in September provided an important opportunity to highlight the significant impact the current dispute is having on solicitors, court users, and the wider justice system.
The campaign has also attracted widespread media attention, helping to increase public awareness of the flaws in the scheme and solicitors’ concerns.
At a meeting last month of more than 240 criminal-defence practitioners, there was a clear consensus that every effort must be made to restore the effective operation of the scheme as quickly as possible.
We have, therefore, renewed our call for an independent mediator. Access to justice depends on legal-aid schemes that are properly funded, accessible to those who need them, and sustainable for the solicitors who provide them.
That is the message we will continue to broadcast in the weeks ahead. More broadly, supporting solicitors in every area of practice remains central to the Law Society’s work.
Smaller and rural practices play a vital role in serving communities across the country.
That is why I am delighted to announce that October has once again been designated Small Practice Month, with dedicated events, discounts, and services for smaller practices nationwide.
I encourage you to visit www.lawsociety.ie/smallpracticemonth to learn more about what’s available.
Rosemarie Loftus is President of the Law Society.