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Free Legal Aid

  • 23-10-2010 12:40pm
    #1
    TristanPeter
    Closed Accounts Posts: 717 ✭✭✭


    Hi, does anyone know if free legal aid can be used to take a case or is it only used when a judge awards it to a defendant in a court case if he/she can't afford to hire a solicitor? Can someone apply for free legal aid to initiate legal proceedings if the case is deemed to be worthy of judicial review? I looked at some info. on the government site but it's a little vague. I'm sure things would be clarified in a one-on-one meeting with the legal-aid representative but it would be good to have an idea of where the line is drawn before such a meeting is arranged.

    Being a government body, are they likely to be completely impartial in a case that may involve another government body? Will they judge the merit of the case or are they obliged to take a case if the person seeking the legal aid is unable to afford a private solicitor? Obviously, I can't give much detail away for fear of jeopardizing potential legal proceedings and of course I can't give any details of the person seeking the free legal aid.

    Thanks in advance for any advice :)


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    TristanPeter wrote: »
    Hi, does anyone know if free legal aid can be used to take a case or is it only used when a judge awards it to a defendant in a court case if he/she can't afford to hire a solicitor? Can someone apply for free legal aid to initiate legal proceedings if the case is deemed to be worthy of judicial review? I looked at some info. on the government site but it's a little vague. I'm sure things would be clarified in a one-on-one meeting with the legal-aid representative but it would be good to have an idea of where the line is drawn before such a meeting is arranged.

    Being a government body, are they likely to be completely impartial in a case that may involve another government body? Will they judge the merit of the case or are they obliged to take a case if the person seeking the legal aid is unable to afford a private solicitor? Obviously, I can't give much detail away for fear of jeopardizing potential legal proceedings and of course I can't give any details of the person seeking the free legal aid.

    Thanks in advance for any advice :)

    The legal aid board does offer legal aid for civil claims, and one of the criteria is that there is a reasonable chance of success.

    However, cases that have a reasonable chance of success are usually taken by private solicitors.

    Also, the waiting lists for civil legal aid is quite long and they, like every other government body are pressed for resources.

    Suffice it to say that unless you have a strong case that a private solicitor won't touch for some political other reason (because if it is really that strong then they could get costs against the State if successful) the legal aid board is a gamble.

    For judicial review, there are fairly strict time limits. You should consult a private solicitor and see where to go from there.


  • #3
    ilovelamp2000
    Registered Users, Registered Users 2 Posts: 2,435 ✭✭✭ilovelamp2000


    It's also worth pointing out that there is no "Free" Legal Aid. You'll pay a contribution for both legal advice (minimum €10) , legal aid (€50 minimum) - where proceedings are issued.
    The Regulations regarding the means test and contriutions:
    http://www.justice.ie/en/JELR/SI460of2006.pdf/Files/SI460of2006.pdf

    The OP has been incredibly vague, but there are excluded matters that the Legal Aid Board would not be able to take proceedings for and it's impossible to tell whether your case would fall within that or not.
    (9) ( a ) Subject to any order made under subsection (10) and to the other provisions of this subsection, legal aid shall not be granted by the Board in respect of any of the following matters (referred to in this Act as "designated matters"):
    (i) defamation;
    (ii) disputes concerning rights and interests in or over land;
    (iii) civil matters within the jurisdiction of the District Court (Small Claims Procedure) Rules, 1993;
    (iv) licensing;
    (v) conveyancing;
    (vi) election petitions;
    (vii) a matter as respects which the application for legal aid is made in a representative, fiduciary or official capacity and the Board, having regard to any source from which the applicant is or may be entitled to be indemnified in respect of the costs of the proceedings concerned and any resources of the persons who would be likely to benefit from a successful outcome of the proceedings for the applicant, is of opinion that legal aid should not be granted;
    (viii) a matter the proceedings as respects which, in the opinion of the Board, are brought or to be brought by the applicant as a member of and by arrangement with a group of persons for the purpose of establishing a precedent in the determination of a point of law, or any other question, in which the members of the group have an interest;
    (ix) any other matter as respects which the application for legal aid is made by or on behalf of a person who is a member, and acting on behalf, of a group of persons having the same interest in the proceedings concerned.

    http://www.irishstatutebook.ie/1995/en/act/pub/0032/sec0028.html

    And on the worry that they might not be impartial, the Legal Aid Board has been running the Refugee Legal Service - routinely taking cases against the Minister for Justice and the various agencies involved for years and a Medical Negligence Unit which takes cases against the HSE.


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