The Gazette 1993

GAZETTE

Pilot Project - Civil Legal Aid

Dear Editor,

The Society's response to the Minister's

proposals in relation to private

practitioner Civil Legal Aid has

prompted me to offer some comments

which arise out of my experience as a

family lawyer.

Apart from the Law Society report on

Civil Legal Aid in November 1991, the

formation of the Family Law Committee

and a recent address from the President, I

would not have been aware of any great

interest by the Society or the profession

as a whole in the absence of a proper

Civil Legal Aid structure. Organisations

such as FLAC and AIM Group were

more vocal in highlighting the

inadequacies and suggesting reforms in

the provision of Legal Aid and the whole

area of family law. The resignation of

Niall Fennelly

and other members of the

Legal Aid Board in January, 1990 failed

to evoke any notable response from the

Society. The obvious injustices suffered

by citizens unable to gain access to Civil

Legal Aid has produced only a handful

| of practitioners interested enough and

willing to take the risks inherent in

running test cases (with some recent

notable successes).

We now have, for the first time since the

recommendations in the Pringle report of

1977, concrete proposals for private

practitioner legal aid. The fee per case is

glaringly inadequate. There are other

defects in the proposals which should be

thought through such as the fact that

payment of a fee for court work may

create an over-emphasis on this remedy.

Í It is difficult to understand why there is

| no provision for a fee for advice,

negotiation and agreement between the

spouses which is without a doubt the

best way to deal with family disputes.

Despite the inadequacies it is my view

that the proposals should be accepted for

the limited period and as a pilot project.

Those who decide to go on the panel

will be unlikely to do so for financial

reasons but hopefully they will have an

interest and an expertise in family law

work and in improving the level of

service to the public in these cases. I

believe that there is a need in the

profession to re-focus on an non-

adversarial approach, to improve our

knowledge of recent legislation and case

law, to encourage better use of

mediation services and to acquaint

ourselves with the excellent Family

Lawyers Code of Conduct. If private

practitioners can demonstrate the value

S and efficiency of the service which they

offer and its cost effectiveness, they will

I be in a stronger position to make a case

! at the end of the pilot project for

! adequate remuneration and an expansion

of the Civil Legal Aid private

practitioner scheme.

Yours etc

Phil Armstrong

Solicitor.

Editor

Note:

The then President of the Law Society,

Ernest Margetson, was one of the

members of the Legal Aid Board who

i resigned in January, 1990 in protest at the

inadequacy of the Scheme of Civil Legal

| Aid and Advice. Since then, the Society

has made repeated public calls for the

| introduction of a comprehensive scheme.

; Life Proceeds not paid to Solicitor

I Dear Editor,

May I refer to the Practice Notes in the

June, 1993 edition? There is a section

headed Life Policy Proceeds not paid to

Solicitors.

Understandably the directive specified that

a solicitor should ensure that life assurance

proceeds cheques drawn in favour of the

personal representative or beneficiary (as

the case may be) should be sent directly to

him. That he should not give an undertak-

ing unless he has had sight of the claim

form and is certain that the cheque for the

life assurance proceeds will be "sent to

| him."

May I suggest the following, if possible,

and appropriate, that the solicitor should

endeavour to copperfasten the situation by

requesting the executor/beneficiary to

| authorise the company to make the cheque

directly payable to her/his firm so the

he/she has total control of the situation?

Yours etc.,

Diarmuid Teevan,

Solicitor.

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