The Gazette 1989

GAZETTE

APRIL 1989

The Civil Legal Aid Scheme - Scope and Operation

In its latest Annual Report, the Legal Aid Board has drawn attention to what is described as . . . "an increasing tendency . . . "on the part of private practitioners to refer clients of modest means to the Civil Legal Aid service; it is not surprising that this would tend to occur in complex family law cases where . . . "costs seem likely to go beyond the clients' resources . . The Board, therefore, considers it desirable that practitioners should have information on the scope and operation of the Scheme; the purpose of this article is to outline some of its essential features. Background to the Scheme

certain requirements are met. There are two basic eligibility tests. (a) a "merits" test, and (b ) a means test. Each of these is discussed briefly below. Two further matters having to do with means are also discussed - for convenience, however, and in order to avoid confusion, they are treated separately i.e. (c ) assessment of an applicant's capital resources, and (d)the payment of contributions. (A) "Mer i t s" test. The essential question for t)\e purpose of assessing the "merits" of any application for legal services is whether . . . . "a reasonably prudent person whose means were outside (those specified in the Scheme) would be likely to seek such service at his own expense, if his means were such that the cost involved, while representing a financial obstacle to him, would not be such as to impose undue financial hardship ..." and "a competent lawyer would be likely to advise him to obtain such services." The purpose of the Scheme, in other words, is not to put the person of limited means in the position of a person for whom "money is no object" but in the position of the person whose means, while not over-abundant, are sufficient to cover essential legal services. This general test of merit is supported by various other provisions in the Scheme which are to the same general effect. There is provision, for example, that the applicant must have . . . "as a matter of law, reasonable grounds for taking, defending, or being a * Timothy Dalton, Solicitor, was former Deputy Chief Executive of the Legal Aid Board. He is now Assistant Secretary in the Department of Justice.

barristers (two Seniors, one Junior, one of the Seniors being Chair- man), three solicitors, three civil servants and three persons repre- senting other interests. To date, the Board has opened twelve Law Centres. These are

Background information on the Scheme will be kept to a minimum. The emphasis is on practical matters - how does the Scheme work, who is entitled, what do clients pay for the service, how available is it etc.? The Scheme was introduced on a non-Statutory basis by the Minister for Justice in 1980. It is governed by a detailed set of Government-approved rules con- tained in a document entitled "Scheme of Civil Legal Aid and Advice"; this document is available from the Government Publications Sales Office (price 90p). (PL. 1532 - May 1983) Many of the rules in the Scheme are - contrary to general belief - in line with recomendations contained in the Pringle Report published in 1979. That is not to say that all of the recommenda- tions contained in the Pringle Report were followed - there are some quite significant differences. The Pringle Report, for example, recommended that services be provided by salaried lawyers working in Law Centres and by private practitioners, but the Scheme excludes the latter. The Legal Aid Board - Progress to Date. The legal aid service is adminis- tered by a Board, appointed by the Minister for Justice. The Board, according to the Scheme, . . . "will consist of a Chairman, and twelve ordinary members of whom two will be practising barristers and two will be practising solicitors At the time of writing, there are twelve members in all - three

By Timothy Dalton Solicitor*

located in Dublin City (three centres), Tallaght, Cork City (two centres), Limerick, Waterford, Galway, Sligo, Tralee and Athlone. The Law Centres are staffed by solicitors who are full-time em- ployees of the Board. Twenty-nine solicitors are now employed, most of whom had been engaged in private practice prior to joining the Legal Aid service. The support staff in Law Centres (clerical and typing) are on secondment to the Board from various Government De- partments. Legal aid and advice is also provided by the Board's staff on a part-time basis in areas other than those just mentioned. Under this arrangment, services are provided at nineteen venues - fifteen of them being in counties which do not have a full-time Law Centre. These part-time centres or "clinics" are visited by the Board's solicitors once or twice a month. The total financial provision for the Board's operation is now in the region of £1.9m per annum. Who Qualifies? An applicant will qualify for legal aid if the Board is satisfied that

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