Criminal law practitioners have expressed serious concern following the publication by the Department of Justice of a guidance document entitled Criminal Legal Aid Reform, Flat Fee Payment System of District Court Cases.

Issued on 8 June 2026, the document raises substantive operational, financial, and procedural issues for solicitors engaged in criminal defence work. The Department’s paper leaves many questions unanswered.

The document does not spell out whether it is to be read in conjunction with the initial flat fee proposal document published by the Department last February, or whether it replaces the arrangements that had been outlined in that paper.

The guidance document is available to download under Related Content on this page.

Payment on Final Order: risk of unremunerated work

A contentious feature of the Department’s proposal is the intention to remunerate only the solicitor on record at the time of the making of the final order. This approach disregards the reality of multi solicitor involvement, particularly in cases involving defendants who frequently change representation or are reassigned representation by the court. Under the proposal as currently framed, there is a real risk that many solicitors will go unpaid for all of the work done on a case because for reasons beyond their control the defendant decides to have a different solicitor handle their case. This aspect of the Department’s proposal is particularly problematic for practitioners.

In addition, the proposal’s requirement that payment be triggered only upon final order poses acute cash flow challenges. Criminal matters frequently span months, and counsel typically expect payment contemporaneous with their appearances. Practitioners warn that the system will put pressure on solicitors’ accounts, exposing them to financial liability for both their own work and that of instructed counsel if representation changes late in proceedings.

Vulnerable defendants, minors and other concerns raised

Significantly, the June document does not address any of the concerns previously raised by the Law Society. There is no recognition of the fact that there are certain categories of cases which, by their nature, are unavoidably of a longer duration – these are, for example, cases involving children, people with mental health issues, or addiction issues, as well as cases involving people who have been remanded in custody.

Form LA1 to no longer be used under the new system

The June document flags that the changes will be applicable to cases listed on or after 1 July. Claims for these cases will have to be made after the conclusion of the case on a new form that serves the dual purpose of being the legal aid certificate and claim form. It is proposed that under the new regime, the LA1 form will disappear. The June guidance document does not address the issues of there being a need for a form for solicitor expenses such as interpretation/translation, travelling expenses or subsistence.

More concerning is elimination of reimbursement for photocopying, despite many clients requiring disclosure on hard copy. This change shifts unavoidable costs onto practitioners.

Missed opportunity to digitise the process

Despite the Minister’s stated ambition to modernise the system, the proposed new model of Criminal Legal Aid surprisingly retains a paper based claims process. Therefore, it seems likely that the administrative costs associated with the running of the Criminal Legal Aid scheme will endure.

Letter from the Minister

On 12 June, the Law Society received a letter form the Minister for Justice in which he signalled his intention to abandon the proposed flat fee of €100 for cases on indictment and that instead, the full flat fee of €455 will apply to such cases. The Minister also informed the Law Society of his proposal to make provision for a fee of €80 for work done by practitioners in the execution of bench warrants.

The Law Society continues to engage with the Department of Justice for the purpose of reiterating the need for changes to be made to the Department’s proposals prior to the new model for Criminal Legal Aid being brought into operation.