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Leaflet 11: Applying for Legal Services
Introduction
General information about the services provided by the Legal Aid Board and about financial eligibility is available at any law centre or at the Head Office of the Board.
Application form
Persons seeking legal services from the Board must make an application in writing on the appropriate form. (Application for legal services form - LAA3).
This form is available from any law centre and on the Board’s website (www.legalaidboard.ie) and may be completed in a law centre with the assistance of the staff.
A separate application form must be used for each matter.
A completed application form must:
- state a subject matter, for example, family law;
- give some details of the matter on which legal services are sought, for example, domestic violence, divorce, etc;
- provide the information requested: and
- be signed, dated and returned to a law centre.
An application form that is forwarded to a law centre by post will be acknowledged within 14 days.
Assessment of financial eligibility
An applicant for legal services is required to complete the statement of income section of the application form and may be required to complete the statement of capital section. More detailed information on financial eligibility is available in Leaflet no 13 or on the Board’s website.
Following full completion of the application form, a decision will be made on an applicant’s financial eligibility for legal services. An applicant who is found to be financially ineligible by the law centre may have the matter referred to Head Office for a decision.
Initial consideration of application
An applicant is advised when an appointment with a solicitor can be offered. This will depend on the level of demand at the law centre for legal services. Priority appointments are provided for cases such as, domestic violence, child care, child abduction and certain cases where time limits may be about to expire.
If a priority appointment is not given, the applicant’s name will, if necessary, be placed on the waiting list in order of the date of receipt of a completed application form.
Provision of legal services
A person who is granted legal advice must pay a contribution before seeing a solicitor.
Legal advice will be granted unless a person fails to satisfy the means test, or the subject matter is outside the scope of the Civil Legal Aid Act, for example, if it relates to a criminal law matter.
If court proceedings are considered necessary, an application for a legal aid certificate must be made. A certificate will be granted if the application meets the means and merit tests provided for in the Civil Legal Aid Act 1995. The Certificate must be accepted by the applicant before legal aid is provided. This will require the applicant to sign the legal aid certificate and to pay the appropriate contribution.
Withdrawal of legal services
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, having regard to the particular circumstances of the case. 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 on their behalf. (More detailed information is available on Leaflet no 12 Withdrawal of Legal Services.)
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