Portlaoise District Court disruption likely as solicitors set to temporarily withdraw services
‘It is not something that we are keen to be doing but the Department are just not engaging with us,’ said Laois Solicitor Josephine Fitzpatrick.
Solicitors practicing at Laois District Court look set to temporarily withdraw their services as part of a national protest over proposed Legal Aid fee changes.
The withdrawal of service is likely to paralyse the operation of Portlaoise District Court and have knock-on consequences for the Gardaí. The withdrawal could potentially result in the majority of cases at Portlaoise District Court being adjourned on Thursday, June 18.
The national protest stems from a decision by the Department of Justice to replace the criminal legal aid system with a flat fee of €455 for criminal cases irrespective of the number of court appearances from July 1, 2026. It is due to replace the current system where solicitors are paid just under €240 for a first appearance and €60 for subsequent court appearances.
Portlaoise based Solicitor Josephine Fitzpatrick said that while it was a decision for each individual practitioner, there appeared to be a consensus among solicitors in relation to the need for action.
She attended a national meeting of solicitors at the Law Society of Ireland’s base in Dublin last week as opposition to the plan from solicitors mounted.
Speaking to the Leinster Express/Laois Live today, Ms Fitzpatrick said solicitors participating in the withdrawal have been looking after juvenile and custody cases due to the vulnerability of these clients. However, once these cases are dealt with at court sitting, solicitors are then withdrawing their services.
“The reason for this is the slash in fees. What the government is going to do will affect the most vulnerable,” said Ms Fitzpatrick.
“It is not something that we are keen to be doing but the Department are just not engaging with us,” said Ms Fitzpatrick.
She said the Department of Justice were invited to the meeting of solicitors in Dublin but they failed to attend and haven’t engaged despite being invited by the Law Society.
“This is a day-to-day progressive withdrawal of services. At the moment what we have done is we have withdrawn from any special sittings of the court at the weekends and the evening courts,” Ms Fitzpatrick explained.
“There is no legal aid for Garda Station interviews or visits at the moment. I understand that the Gardaí are reviewing their own position because they are unable to avail of solicitor services at the weekend and of course it is going to impact on them in terms of the right of an individual to have a solicitor in interview with them,” said Ms Fitzpatrick.
She said the proposed flat legal fee “is just not workable” and would result in solicitors leaving the area of criminal law.
“The Department are representing it as speeding up court cases and reducing the number of adjournments and ensuring fair payments but it will be the polar opposite,” she said.
Ms Fitzpatrick said the flat fee system would be “untenable” as there are very few cases that will finish in three or four sittings, particularly when DPP directions are needed but also for a myriad of other reasons which she said are all beyond the control of solicitors.
“It is the right of the individual to be represented. That is the whole point of the scheme in the first place, to ensure there is representation for people who cannot afford it,” she explained.
She estimates that in or around 80 percent of people who appear at regular criminal district court sittings are in receipt of legal aid. She said they may find it difficult to get representation due to the new flat fee system.
Ms Fitzpatrick said that under the proposed new flat fee system, “we must wait until the end of the case in order to submit our claim for payment. On the per-appearance system at least we can apply for our payment on an ongoing basis.”
She said that if a client fails to turn up after a few appearances and then gets arrested and is assigned a new solicitor, under the proposed new system the original solicitor won’t get paid at all. “It is a ridiculous anomaly,” she said.
“There has been no consultation and there is no reality to what they(Department of Justice) are proposing. At the end of the day the people who are going to suffer are the most vulnerable. All we want the Department to do is engage in a meaningful way and postpone their changes,” said Ms Fitzpatrick.
Solicitors withdrew their services at Tullamore District Court and at other courts throughout the country earlier today.