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Civil Legal Aid Act, 1995 - provision of a solicitor and barrister

  • 03-10-2016 02:42PM
    #1
    DJ WIPEOUT
    Registered Users, Registered Users 2 Posts: 52 ✭✭


    I am pursuing legal studies and I have the following theoretical question:

    Does anyone know under what circumstances can both a solicitor and a barrister be provided to someone on legal aid in a family law case at District Court level?


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    None that I am aware of- Family law is a civil dispute.

    You pay your own costs not the state.

    Perhaps if you were being charged with child neglect which is a criminal statute.


  • #3
    DJ WIPEOUT
    Registered Users, Registered Users 2 Posts: 52 ✭✭DJ WIPEOUT


    Thanks Mr. Incognito, to my knowledge there are many people who avail of legal aid in regularising access, maintenance and protection orders etc for children.

    I was more wondering at what point/under what circumstances is a barrister provided by legal aid even if there is no matter of court advocacy or specialist opinion required beyond that which a solicitor could provide?

    Does solicitor/client privilege prevent a taxpayer from knowing the answer to this?


  • #4
    GM228
    Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Mr. Incognito wrote: »
    None that I am aware of- Family law is a civil dispute.

    You pay your own costs not the state.

    Perhaps if you were being charged with child neglect which is a criminal statute.

    The Legal Aid Board was set up under the Civil Legal Aid Act 2005 specifically for legal aid for a broad range of civil proceedings, it does not deal with criminal cases (it does administer certain criminal complaint boards).

    It is not the same as criminal legal aid which is applied by the courts. Usually whoever is eligible to obtain civil legal aid from the board will still be required to make a contribution to the costs based on their disposable income.


    In relation to the OPs question my understanding (and I'm open to correction) is the only time both a solicitor and barrister is covered under civil legal aid is for proceedings under Parts III and IV of the Child Care Act 1991 (and is limited to Donegal, Wexford and Dublin only). The services must be applied for and justified by the solicitor and can only be applied for if there are criminal proceedings pending against one of the parties or there are other exceptional circumstances.


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