KNOW YOUR RIGHTS: Assistance with legal costs

THE Legal Aid Board is responsible for the provision of civil legal aid and advice to those unable to pay for such services from their own resources. 

The Legal Aid Board is not directly responsible for the provision of criminal legal aid but has a role in the administration of certain criminal legal aid schemes.

Q. What kind of legal issues can you seek help with resolving through the Legal Aid Board?

In principle, legal aid and legal advice are available for all civil matters, other than those which are specifically excluded by law. Those excluded by law include:

• defamation

• disputes concerning rights and interests in or over land

• small claim cases

• alcohol/club licensing

• conveyancing

• election petitions – where a person challenges the result of an election

• applications made in a representative, fiduciary or official capacity

• group/class actions

However, there are exceptions to many of the above exclusions. For further details please contact your local law centre.

Q. What is the difference between legal advice and legal aid?

Civil legal advice is any oral or written advice given to you by a solicitor or a barrister about how the law applies in civil matters. 

It can also include writing letters on your behalf or acting for you in negotiations with other people. Legal advice is provided by the Board’s solicitors in their law centre network.

Legal aid means representation by a solicitor or barrister in civil proceedings in the District Court, Circuit Court, High Court, Court of Appeal and Supreme Court and in certain instances before the Court of Justice of the European Union. It also applies to appeals to the International Protection Appeals Tribunal. 

It is also available for certain inquests where a request has been made to the Board by the coroner.

This means that you have engaged the Legal Aid Board to act on your behalf in the proceedings, including sending correspondence on your behalf, drafting court documents, giving advice, representation in court and all the background preparatory work required.

Q. Is legal advice and legal aid means-tested?

Yes. In order to qualify for legal advice, you must pass a means test and in the case of legal aid, you must generally pass both a means test and a merit test. 

If your application is successful, you will be asked to make a financial contribution. How much you pay will depend on your means.

If you qualify for legal aid, there are a limited number of exceptions to the requirement to make a contribution, including child-care and domestic violence cases.

What is the merit test for Legal Aid?

This is an initial test to ensure that your case is a legitimate one and that a reasonable person would take the case and would be advised to take the case. You will pass the merit test, if in the Board’s opinion:

• you have as a matter of law, reasonable grounds for instituting, defending or being a party to the proceedings for which legal aid is sought

• you are reasonably likely to be successful in the proceedings

• the proceedings for which legal aid is sought are the most satisfactory means of achieving the result sought by you

• having regard to all the circumstances (including the probable cost to the Board, measured against the likely benefit to you), it is reasonable to grant the application

• your case does not fall within the excluded areas

If the proceedings concern the welfare of a child including custody or access or a sex offender order, the second and fourth bullet points do not apply.

Q. What is considered in the means test?

Most sources of income are considered by the Legal Aid Board and taken into account including income from a job, self-employment, pensions (both occupational and social welfare) investments, rental income, etc.

The Legal Aid Board has an online Financial Eligibility Indicator on its website which will assist you in finding out if you are likely to be financially eligible.

As well as having disposable income of less than €18,000, you must also have disposable capital of less than €100,000. Your family home is not considered when assessing disposable capital.

Disposable income is total income less deductible expenses including income tax, mortgage repayments, rent, social insurance contributions, interest on loans, child-minding expenses and other items. 

There is more detailed information on www.legalaidboard.ie and on www.citizensinformation.ie

Q. How much of a contribution must one pay?

There are minimum contributions that must be paid except in cases of extreme hardship. However, the contribution that you must make depends on your disposable income for legal advice, and your disposable income and disposable capital, for legal aid. 

There is no contribution required in child-care and domestic violence cases, however, you still need to come within the disposable income and capital thresholds.

Legal advice: a minimum contribution of €30 must be paid where your disposable income is less than €11,500. If it is more, your contribution is one-tenth of the difference between €11,500 and your disposable income, up to a maximum of €150.

Legal aid: a minimum contribution of €130 must be paid where your disposable income is less than €11,500. If it is more, your contribution is €130 plus one-quarter of the difference between €11,500 and your disposable income. You must pay an additional contribution if your disposable capital is more than €4,000 as follows:

• Up to €54,000 your contribution is 2.5% of the difference between €4,000 and your disposable capital

• Over €54,000 your contribution is €1,250 plus 5% of the difference between €54,000 and your disposable capital

Q. Are there cases where civil legal aid and advice is free?

You will not have to pay a contribution if you are seeking legal aid only for either of the following:

• Taking or defending an application in the District Court for a barring order, safety order, interim barring order, or protection order

• Defending an application by Tusla to take your children into foster care or to allow its staff to supervise your children in your own home

There are a small number of other circumstances where we will not charge a contribution.

Q. How does one apply?

You can apply on line at www.legalaidboard.ie or complete a Legal Aid Application Form which you can get from your local Citizens Information Centre or download from the Legal Aid Board website.

For details of your nearest law centre, contact your local Citizens Information Centre or contact the Legal Aid Board on 0818 615200

For further information call a member of the local Citizens Information Service in West Cork on 0818 07 8390. They will be happy to assist you and if necessary arrange an appointment for you. The offices are staffed from 10am-5pm from Monday to Thursday and on Friday from 10am-4pm. 

Alternatively you can email [email protected] or log on to www.citizensinformation.ie