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Overview of the Legal Aid Board
1. Function and purpose
The Legal Aid Board is the statutory, independent body responsible for the provision of civil legal aid and advice to persons of modest means, in accordance with the provisions of the Civil Legal Aid Act, 1995.
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 obtain a legal aid certificate, which specifies the legal services being granted, and must pay the legal aid contribution specified on the certificate.
2. Service provision
Legal aid and advice are provided primarily by solicitors employed by the Board in law centres. A complementary service is provided by solicitors in private practice who are engaged by the Board on a case-by-case basis.
The service is provided on a nationwide basis through 33 full-time and 12 part-time law centres, incorporating 3 full time law centres comprising the Refugee Legal Service (RLS). In addition, in 2006, the Board also instituted a Medical Negligence Unit which operates as a specialist law centre dealing with cases in the health sector.
The Board also operates a specialised Refugee Documentation Centre, which provides an independent and professional research and library service for all of the main bodies involved in the asylum process.
3. Obtaining legal services
A person seeking legal services must apply to any of the Board’s law centres and must complete an application form, stating the subject matter on which legal advice and/or aid is sought and giving details of income and any capital resources.
The Board aims to ensure that a person who is financially eligible will be offered an appointment with a solicitor within a maximum period of 4 months from the time the application is completed. In certain cases, a priority service is provided.
4. Payment for legal services
All persons who are granted legal advice and/or legal aid must pay a contribution to the Board. The legal advice contribution is assessed on the applicant’s disposable income, i.e. income after certain deductions. The legal aid contribution is assessed on the applicant’s disposable income and disposable capital. As of 1 September 2006, the minimum contribution is €10 for legal advice and €50 for legal aid. The law centre or the Private Practitioner Centre advises a person of the actual contribution in each individual case. In the event that a person recovers money or property arising from the case, the Board may seek to recover the cost to the Board of providing legal services to the client.
5. Head office
The Board’s Head Office is located in Cahirciveen, County Kerry where some 50 staff are located. Some of the headquarter functions are also located in Dublin.
6. Governance arrangements
The statutory Board is appointed by the Minister for Justice, Equality and Law Reform and has responsibility for:
> the strategic direction of the organisation
> determining policy and monitoring its implementation
> overseeing the proper and effective management of the organisation
> monitoring the implementation of effective financial procedures and providing accountability
> approving and monitoring budgets, and
> making certain reserved decisions.
The Board consists of a chairperson (Ms Anne Colley) and 12 ordinary members.
The Board’s web site contains detailed information about the Board’s services including contact details for all law centres.
Website: www.legalaidboard.ie
Board Staff
The Board employs 384 staff in total. The main service delivery is provided by staff in law centres. This complement includes 109 solicitors along with paralegal and administrative staff. Support for the delivery of the Board’s core business is provided by the administrative staff in various head office units, as outlined below.
The statutory Board is appointed by the Minister for Justice, Equality and Law Reform and has responsibility for:
> the strategic direction of the organisation
> determining policy and monitoring its implementation
> overseeing the proper and effective management of the organisation
> monitoring the implementation of effective financial procedures and providing accountability
> approving and monitoring budgets, and
> making certain reserved decisions.
The Board normally consists of a Chairperson and twelve ordinary members, two of these members must be practising barristers, two practising solicitors, and two must be representatives of the staff.
The Administrative Structures of the Board are headed by a Chief Executive who is responsible for the day-to-day operations of the Board, and for the execution of Board policies. The Chief Executive reports directly to the Statutory Board.
The Chief Executive delegates the appropriate responsibilities to each of the directors, who report to him. These functions include the overall management of the provision of legal aid, human resources function, the IT function and various other corporate support functions.
The Management functions associated with the day-to-day running of the law centres are discharged by Managing Solicitors in each Law Centre. These Managing Solicitors, along with Professional Liaison Officer, report to the Director of Legal Aid.
The main service delivery is provided by staff in law centres. Support for the delivery of the Board’s core business is provided by the administrative staff in the various head office units.
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