Lifting the lid on Legal Aid

LIFTING THE LID ON LEGAL AID.

In the current economic climate, the cost of transacting business is extremely important. For anyone who has experience of being involved in Courts or Tribunals, the Legal Costs associated with such Litigation can, depending on the complexity of the case, be quite high.

It is quite common that people in the throes of a Separation, or, marriage breakdown, are not in a position to pay for private representation, by a Solicitor and Barrister. This is more commonly the case now than ever before. The Government, however, has operated, and, continues to operate a Civil Legal Aid Scheme, which provides Legal Services in relation to Civil Law matters to eligible persons. The Legal Services include Legal Advice, and, Legal Aid.

Legal Aid includes Legal Advice, but, goes further, and, amounts to representation by a Solicitor, or, Barrister in Civil Proceedings in Court.

To qualify for Legal Aid, one must satisfy a Means Test. One’s annual disposable income must be less than €18,000.

Capital Resources, other than your home are also taken into account. If the value of those resources exceed €320,000, you cannot qualify for Legal Aid.

In relation to working out your disposable income, the Board will take your gross income, and, deduct certain maximum allowances from that as follows.

The above are the maximum amounts allowable as deductions from Gross Income. The income remaining, having applied the various allowances above, equates to the disposable income, and, Legal Aid can be granted if the amount comprised in the disposable income is less than €18,000.00.

Child Benefit is not taken into account as regards assessing Gross Income.

You will be required to produce evidence of Income, and, evidence of other costs to avail of allowances, in the calculation of disposable income. Even if you qualify under the Financial Rules for Legal Aid, you must also satisfy the Board that your case has “Merit”. The Board must be satisfied that it is reasonable to grant Legal Aid. The Board will take into account the prospect of success in the Proceedings, the availability of any other method to deal with the problem, other than Court, and, the Costs to the Board of providing the Legal Services, as against the likely benefit to you, if you are successful, in the proceedings.

There are waiting lists for an appointment in the Law Centres. If the case is urgent then the Board will give priority to cases concerning Child Abduction, Child Care, Domestic Violence, and, other cases with a degree of urgency.

The Legal Aid Board has committed to ensure that no one waits longer than a period of 4 months from the date they make a full application, before seeing a Solicitor. Legal Aid if granted is not granted as a full exemption from payment of fees. You will have to pay a contribution which will depend on your disposable income. The minimum contribution is €10.00 for Legal Advice and up to €150.00. The Minimum contribution for Legal Aid is €50.00. You may be liable for a capital contribution depending on the amount of your disposable capital.

The scheme in the area of Family Law has been broadened to include a private practitioner panel, whereby, Solicitors, who are in private practice, have put their names forward to operate on the panel operated by the Legal Aid Board. In certain circumstances it is possible to pick a Solicitor from the panel, where a Legal Aid Certificate has been granted.

There are two Law Centres in Cork, details of which are as follows,

      1) Pope’s Quay, Law Centre,
      North Quay House, Pope’s Quay,
      Cork.
      Telephone 021-4551-686

2) South Mall Law Centre,
      1A. South Mall,
      Cork
      Telephone 021-4275-998

Patrick Mullins, Solicitor.
Mullins Lynch Byrne Solicitors
Melbourne House
www,mlb.ie