The Law Society Gazette's recent survey of criminal law solicitors has revealed overwhelming opposition to the Department of Justice's proposed flat-fee overhaul of the District Court Criminal Legal Aid Scheme.

The anonymised survey was circulated to practitioners on the Garda Stations Solicitors' Panel and to other solicitors who interact with the scheme, drawing 212 responses. That level of engagement, unusually high for a professional survey, reflects the depth of feeling the proposals have provoked across the profession.

The proposed changes would replace the existing appearances-based payment system with a flat-fee model, under which a basic fee equivalent to four appearances (with an 8% uplift) would be paid, with no remuneration for a fifth or any subsequent appearance. Most strikingly, the fee for cases sent forward on indictment would be cut from a basic rate of €455 to just €100. The reaction from solicitors working in Criminal Legal Aid was emphatic: 94% of respondents described the reduced indictable fee as "wholly unacceptable," and 83% considered the wider flat-fee structure to be neither fair nor workable.

Beyond questions of fairness, solicitors warned of serious consequences for the system and for defendants. A combined 96% believed the model would harm a defendant's ability to secure legal representation, with particular concern for vulnerable individuals, and more than 91% thought it likely to cause delays in accessing representation.

Many drew a direct parallel with the introduction of flat fees in Civil Legal Aid family-law cases, which prompted a significant departure of solicitors from that scheme; 81% considered a comparable exodus from the Criminal Legal Aid Panel likely if the proposals proceed. Indeed, more than 70% of respondents said they were unlikely or very unlikely to continue taking on such cases, with a third indicating they would withdraw from the panel altogether.

A recurring grievance was the absence of meaningful consultation. The Law Society noted that the Department of Justice did not have any meaningful engagement before bringing forward the proposals.

The Criminal Law Committee of the Law Society convened an Information Meeting (on 9 June) and invited all solicitors practising in this area to attend. Officials from the Department of Justice were also invited to attend.

The Law Society has met opposition justice spokespersons, members of the Oireachtas Justice Committee, party backbenchers, and leading rights and justice organisations. The Society is urging every solicitor to contact their local TDs and senators to convey the realities of criminal practice and the level of anger within the profession, warning that the likely failure of the proposals would serve no one's interests - least of all a public whose safety and confidence depend on a functioning criminal-justice system.

For full details of the survey, read the June 2026 Gazette.