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Further Information for Private Practitioners
The Board has in place a Circular on Legal Services which is a comprehensive document setting out the Board’s policies and procedures in the area of legal service delivery. A number of these policies and procedures are relevant to Private Practitioners including those in relation to financial eligibility, the recovery of costs and damages, the revocation / termination of legal aid, witness fees and outlays, complaints and requests for a change of solicitor.
Financial Eligibility
A person’s financial eligibility is determined by reference to their disposable income and, where appropriate, disposable capital. Income is determined by reference to the date the person applied for legal aid and is generally for the year succeeding the date of application. Clients have a duty to bring to the attention of the Board, via their solicitor, any change in their income in the twelve month period succeeding the date of their application. Further information on financial eligibility.
The Revocation/Termination of Legal Aid
The Civil Legal Aid Act 1995 and the Regulations made thereunder provide for the revocation / termination of legal aid in certain circumstances. Some of the circumstances relate to the conduct of the client. The Board’s procedures for dealing with applications to revoke or terminate a legal aid certificate seek to ensure that the arrangements comply with fair procedures and the requirements of natural and constitutional justice and that not only will justice be done, but it will also be seen to be done by the person in receipt of legal service. The procedures are set out here.
The Recovery of Costs and Damages
The Civil Legal Aid Act 1995 makes certain provisions in relation to the recovery of costs and in relation to the lodgement of monies recovered or preserved on behalf of the client to the Legal Aid Fund. Reference is made to these provisions at paragraphs 29 to 31 of the terms and conditions of the Private Practitioner Scheme for the Circuit Court. Comprehensive note on the recovery of costs and damages.
Witness Fees and Outlays
The Civil Legal Aid Act 1995 and Regulations made thereunder enable the Board to specify in a legal aid certificate or an amendment thereof, whether and to what extent, the fees of any expert or any witness may be paid. Solicitors must make specific application for an amendment to a legal aid certificate in each case in which they wish to retain an expert or have a witness attend court. The Board is obliged to adopt a scale of fees for experts / witnesses that is consistent with similar rates paid by other public service providers. The up to date scale of fees is set out here. It should be noted that were a psychological / psychiatric report is being authorised and the other party to the proceedings is not legally aided, 50% only of the cost of the report will be borne by the Board.
Complaints
Complaints are made from time to time against private practitioners on the Board’s panels. In addition, other performance issues may arise in relation to the delivery of legal services by private practitioners on behalf of the Board. The procedures to be operated by the Board for dealing with complaints and performance issues are set out here and have regard to the need for fair procedures, while ensuring the provision of a quality service to all legally aided persons.
Requests for a Change of Solicitor
Requests are made from time to time by solicitors and by clients for a change of solicitor. The Board acknowledges that a solicitor / client relationship may break down for a variety of reasons. The Board is also mindful of the possibility that a client may request a change of solicitor because they are unhappy with the legal advice they are receiving. The procedures to be followed when a solicitor or a solicitor seeks to change solicitors are set out here. The procedures are designed to secure fairness and consistency in decision making.
Circuit Court Private Practitioner Scheme terms and conditions
District Court Private Practitioner Scheme terms and conditions
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