Counsel may not be retained without authorisation from Legal Services
The grant of the services of a barrister(s) is never automatic and authorisation must be sought from Legal Services. The barrister to be engaged must be on the Board’s Barrister’s Panel and payment will be in accordance with the Board’s Terms and Conditions for the Retention of Counsel. The grant of Counsel will contain a statement to this effect.
If you receive an application for Junior Counsel seek the following information:
- The reasons which it is considered essential that Junior Counsel should be engaged.
Grant the application if (any of the following criteria are true):
- The case is a childcare case and there are criminal proceedings pending against one of the parties
- There are other exceptional circumstances involved and the solicitor has provided full details of the circumstances
- The application is for nullity
- The case is in, or likely to be in the High Court, Court of Appeal, or Supreme Court
- The case is in, or likely to be in the Circuit Court:
- and it is a non-family law case
- and the solicitor makes a case that it is of reasonable complexity
- The case is a judicial separation or divorce case and there are property, pension, or child welfare issues in dispute.
Consider refusing the application if (any of the following criteria are true):
- The only reason the law centre wishes to retain Counsel is that they are unable to provide a solicitor on the day in question. (Refuse under s24(a) and (b))
- Having regard to the reasons provided, the decision maker does not consider that Counsel would be essential. (Refuse under s24(a) and (b))
- The case is in the District Court and there are no exceptional circumstances involved.(Refuse under s24(a) and (b))
- The reasons are not clear and a proper explanation is not forthcoming (Refuse under s28(4)(d))