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Leaflet 1: Civil Legal Aid
The Legal Aid Board provides legal advice and legal aid in civil cases to persons who satisfy the requirements of the Civil Legal Aid Act, 1995, principally, a person’s means must be below a certain limit and there must be merit to the case.
Legal advice is any oral or written advice given by a solicitor or barrister, including writing letters and negotiations.
Legal aid is representation by a solicitor or barrister in court proceedings. A person must first accept an offer of a legal aid certificate, and pay the legal aid contribution.
A person seeking legal services can apply by calling into, telephoning, or writing to any of the law centres listed in this leaflet.
The Board offers a specialised service for asylum seekers. Details may be obtained from the Refugee Legal Service.
A person applying for legal services must complete an application form stating the subject matter on which legal advice and / or aid is sought. Aperson may apply for legal services in respect of two or more matters at the same time.
A person applying for legal aid and / or advice must also give details of their income and of any capital resources, such as, property, a car, and money in the bank, to enable the Board determine that the person’s means are below the prescribed limit.
All persons who are granted legal advice and / or legal aid must pay a contribution to the Board. The legal advice contribution will be assessed on their disposable income, i.e. income after certain deductions in respect of, for example, dependants, accommodation costs, income tax, etc. have been made.
The legal aid contribution will be assessed on the person’s disposable income and disposable capital i.e. the value of capital resources after certain deductions have been made in respect of, for example, any credit union loan.
The minimum contribution is €10 for legal advice and €50 for legal aid. The law centre staff will advise a person of the actual contribution in each individual case.
The Board is entitled, subject to certain limited exceptions, to deduct the costs it has incurred in providing legal services from any monies/property a person recovers as a result of the legal services provided. Monies recovered by a person in receipt of legal advice and/or legal aid must be paid in the first instance to the Board.
In appropriate circumstances, the Board will deduct its costs and return the balance to the legally aided person setting out details of the monies recovered and the costs retained. It is in the interest of a legally aided person to conduct their affairs in such a way as to minimise the costs incurred.
Persons in receipt of legal services are expected to be truthful in the information that they provide to the Board and/or their solicitor and to behave reasonably at all times in their dealings with the Board and/or their solicitor, otherwise legal advice or legal aid or both may be withdrawn and the legally aided person may be liable for the full costs incurred by the Board in providing legal services.
When the appropriate legal services have been concluded, the person will be advised of this in writing, any original papers will be returned to them and the file will be closed.
After a number of years, closed files will be destroyed in accordance with Legal Aid Board policy.
A person may reapply for legal services at any time in respect of related or other matters.
A person considering applying for legal services should refer to Leaflet no 11 Applying for legal services and Leaflet no 13 Financial Eligibility.
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