What is the Law DIY page? 
The purpose of the Law DIY page is to educate. I think it was Aristotle who said "Ignorance makes man the plaything of fate!" . It is hoped that this section provides practical advice to both lay litigants and litigants employing solicitors and barristers. The sections below are presented informally based on experience of the Irish Legal System. The material is presented as is and is based on the current practice and procedure in the Courts - as opposed to the actual law. Why DIY?
The Irish Legal System is adversariel. You basically fight it out in Court. Win, lose or draw, your solicitor and barrister is going to make a lot of money. It is quite likely that most of the hours they bill you for is time they spend sitting outside the Court waiting to be called. Their basic purpose is to advise you of your rights and present a case to protect your rights. It is likely that the reason you are in Court in the first place is because you partner has decided to deny you your rights - a barring order to remove you from your home, a sole custody order to remove your children from you, a maintenance order forcing you to maintain a partner who has decided not to work, and so on. It is hoped that this advice will help empower people caught in the trauma of a failed relationship. What is covered?
The material below covers...
- The state of the Irish Legal System
- The typical legal process
- Notice of Motion
- Affidavit
- The Courts
- The Registrar's Office
- The solicitor's role
- The barrister's role
- Attending Court
- Aras Ui dhalaigh
- Service
- Resources: Forms, Reports, Constitution,...
The state of the Irish Legal System
Antiquated, over-burdened and a system in crisis - these appear to be the preliminary conclusions drawn by the Working Group on a Courts Commission in relation to administration of the Courts. Do we really need a working group to figure this out? One hour spent at the Circuit Court shows the system to be antiquated and disorganised. Read more about this article The typical legal process
First, two terms need to be defined - the Applicant and the Respondent. The Applicant makes an application to the Courts (usually through their solicitor). The result of this is that Respondent is served with a notice to attend Court at a specific date and time.
Once the Applicant applies to Court a file number is assigned. This number is important when trying to find out information about a case.
The details are as follows. The Applicant puts together a Notice of Motion (NOM). This NOM sets out what (remedy) is requested of the Court during the hearing, e.g. a barring order, a maintenance order, etc. In order to make an application to the Court a reason must be given. This takes the form of a Affidavit, called the Grounding Affidavit. The Grounding Affidavit attempts to justify why the Court should grant the remedy sought in the NOM. So in the case of an application for a Barring Order it would state what events have taken place, dates, times etc. Any evidence, e.g. a police report, are attached as Exhibits. These are marked as Exhibit A, Exhibit B, etc...and are referred to in the Affidavit.
The Applicant has the Affidavit sworn by a Commissioner for Oaths (usually another solicitor). This has a fixed price of about five pounds, however, I was once charged fifteen pounds by the Commissioner at the Family Law Circuit Court in Dublin. The NOM is lodged with the Family Law Circuit Court, Aras Ui Dhalaigh, fourth floor. The office allocates a date and time for the hearing. Three copies of the NOM and Affidavit are made. The office retains the original. One copy is kept by the Applicant and one is sent by registered post to the Respondent. The registered post receipt is kept as proof of service. Alternatively a solicitor may decide to escalate the costs by arranging for service in person. (A well known solicitor in Dublin uses his son, thereby keeping all the money within the family). The Respondent is typically given a weeks notice.
The Respondent may elect to file a Replying Affidavit setting out why the Court should not grant the remedies sought by the Applicant. Normally both Affidavits and Motions etc are drafted by the solicitors, and sometimes barristers, involved. Obviously this requires interviewing the Applicant/Respondent. It should be clear from this how the costs mount.
The Applicant and Respondent, their solicitors and their barristers attend Court on the appointed day - typically 11am on Wednesday morning. This doesn't mean that you are heard at 11am, or 12am or at all. It means that you are amongst a list of other Applicants and Respondents and solicitors and barristers who all attend at 11am. You then wait to be called. Its not unusual for 40 or 50 entries to be in the list for that day. The Judge then uses discretion as to what order in which to hear cases. So you have no idea when you will be called - or even if you will be called that day. The Court only runs from 11am to 4pm one, yes one, day per week.
To be continued...
Web Author: DOH
Copyright �2010 by F.A.C.T Fathers And Children Together - ALL RIGHTS RESERVED
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| Keegan –v– Ireland |
| 18 EHRR 342 1994: Adoption: Child born out of wedlock |
| FACTS: The applicant met his girlfriend in May 1986, and they began living together in February 1987. In February 1988, it was confirmed that she was pregnant. The conception was the result of a deliberate decision, and the couple had planned to marry. Shortly afterwards however, the relationship broke down and they ceased to co-habit. After the child was born, it was placed for adoption by the mother without the applicant's knowledge or consent. The relevant provisions of the Adoption Act 1952 permitted the adoption of a child born outside marriage without the consent of the natural father. The applicant applied to the Circuit Court, under the Guardianship of Infants Act 1964, to be appointed as the child's guardian, which would have enabled him to challenge the proposed adoption. He was appointed guardian and awarded custody of the child. The decision of the Circuit Court was upheld by the High Court, but on appeal by way of case stated the Supreme Court ruled that the wishes of the natural father should not be considered if the prospective adopters could achieve a quality of welfare which was to an important degree better. The case was remitted to the High Court. On the rehearing a consultant psychiatrist gave evidence that if the placement with the prospective adopters was disturbed after a period of over a year, the child was likely to suffer trauma and to have difficulty in forming relationships of trust. The High Court therefore declined to appoint the applicant as guardian. An adoption order was subsequently made. Held unanimously: 1. that it was unnecessary to examine the Government's preliminary objection concerning the applicant's standing to complain on behalf of his daughter; 2. that the remainder of the Government's preliminary objections should be dismissed; 3. that Article 8 applied in the instant case and had been violated; 4. that Article 6(1) had been violated; 5. that it was unnecessary to examine the applicant's complaint under Article 14; 6. that Ireland was to pay, within three months, IRL12,000 in respect of non-pecuniary and pecuniary damage, and in respect of costs and expenses, the sums resulting from the calculation to be made in accordance with paragraph 71 of the judgment. Applicability of Article 8: whether relationship a "family". (a) The notion of the "family" in Article 8 is not confined solely to marriage-based relationships and may encompass other de facto "family" ties, where the parties are living together outside marriage. A child born out of such a relationship is ipso facto part of that family unit from the moment of his or her birth, and by the very fact of it. There thus exists between the child and the parents a bond amounting to family life even if at the time of the child's birth the parents are no longer co-habiting or if their relationship has then ended. (b) The relationship between the applicant and the child's mother lasted more than two years, during one of which they co-habited. The conception was the result of a deliberate decision, and the couple had planned to get married. The relationship between the applicant and the child's mother had the hallmark of family life for the purposes of Article 8, and accordingly from the moment of the birth a bond amounting to family life existed between the applicant and the child. Compliance with Article 8: whether interference; whether necessary in a democratic society. (a) The fact that Irish law permitted the secret placement of the child for adoption without the applicant's knowledge or consent, leading to the bonding of the child with the proposed adopters and to the subsequent making of an adoption order, amounted to an interference with the applicant's right to respect for family life. (b) The decision to place the child for adoption without the father's knowledge or consent, and the decisions taken by the courts concerning the child's welfare, were in accordance with Irish law, and pursued the legitimate aim of protecting the rights and freedoms of the child. (c) However, the interference was not necessary in a democratic society. The essential problem was that Irish law permitted the child to be placed for adoption shortly after her birth without the applicant's knowledge or consent. The placement not only jeopardised the applicant's ties with the child, but also set in motion a process which was likely to prove irreversible, thereby putting the applicant at a significant disadvantage in his contest with the prospective adopters for the custody of the child. The Government had advanced no reasons relevant to the welfare of the child to justify this. Compliance with Article 6(1): entitlement to a hearing. (a) The applicability of Article 6(1) was not seriously contested by the Government. (b) The adoption process had to be distinguished from the guardianship and custody proceedings. The applicant had no rights under Irish law to challenge the decision to place the child for adoption, and indeed had no standing in the adoption procedure generally. His only recourse to impede the adoption was to bring guardianship and custody proceedings. By the time these proceedings had terminated, the scales concerning the child's welfare had tilted inevitably in favour of the prospective adopters. His right to a hearing under Article 6(1) had accordingly been violated. Just Satisfaction: damages, costs and expenses (Art 50). (a) The Court awarded IR L2,000 for pecuniary loss incurred in respect of the guardianship and custody proceedings before legal aid was granted. (b) The Court awarded IR L10,000 for non-pecuniary loss incurred in respect of the trauma, anxiety and feelings of injustice that he must have experienced. (c) IR L42,863 (less 51,691.29 FF legal aid) was awarded in respect of costs and expenses, to be increased by any VAT payable thereon. The following cases are referred to in the judgment: 1. MARCKX v BELGIUM (A/31) (1979) 2 EHRR 330. 2. JOHNSTON v IRELAND (A/112) (1986) 9 EHRR 203. 3. W v UNITED KINGDOM (A/121-A) (1987) 10 EHRR 29. 4. BERREHAB v THE NETHERLANDS (A/138) (1988) 11 EHRR 322. 5. ERIKSSON v SWEDEN (A/156) (1989) 12 EHRR 183. 6. POWELL and RAYNER v UNITED KINGDOM (A/172) (1990) 12 EHRR 355. 7. OPEN DOOR and DUBLIN WELL WOMAN v IRELAND (A/246) (1992) 15 EHRR 244. |
| What happens to Dads after split |
| Recent research shows that when a marriage ends, most fathers are left without the family home or primary care of the children. Men who feel they were mistreated by the system tell their stories to KATE HOLMQUIST |
| The Irish Times, 5th October 2010 |
| EVERY NIGHT before he goes to sleep, Joe, a separated father, looks at a picture of his children on his computer screen and tells them he loves them. When Tom’s marriage broke up, he slept in his car near the family home because he wanted to be close by in case something happened to the children. Cathal weeps when he speaks of how he came home from hospital after being stabbed by his wife to find his house emptied of “everything” – including his children. His wife had left a solicitor’s letter on the counter accusing him of being mentally ill and telling him she wanted a divorce. All three men have struggled for years in the courts to gain access to their children and believe that they should have been made primary carers, in their children’s best interests. They tell of being so alienated from their children by their ex-wives, they’ve had to watch their children’s first holy communions and confirmations from the back of the church. They speak of telling social workers about their ex-wives’ abusive behaviour and of not being believed. “I was really, really depressed before the separation, sleeping in the back sitting room. You weren’t walking on eggshells, you were walking on razor blades,” says Cathal, who showed The Irish Times an extensive psychiatrist’s report that declares him under stress due to the separation, but well mentally otherwise. “I know men who killed themselves because they lost contact with their children,” says Declan Keaveney, a retired garda who spent €50,000 fighting through the courts to be made primary carer of his two children and even contemplated suicide himself. He eventually succeeded in becoming primary carer.“Men have no voice – we have nothing,” he says. Keaveney, who is now is a volunteer with Amen, a support group for male victims of domestic abuse. He listens on a daily basis to men driven to the edge by rancorous separation wars in which children are often used as ammunition. “Parental alienation syndrome”, where one parent turns the children against another, is common, he says. A report by One Family, an advocacy group for one-parent families, finds some fathers who, despite contact orders, are refused contact with their children by their wives and cannot get the HSE to intervene and enforce their rights. Court delays also mean fathers can go months without seeing their children. One father says he “just gave up because it was too stressful . . . [my ex-wife] was on legal aid and I had a private solicitor which cost a lot of money and I just gave up”. There is “no deliberate bias” against men in the family law courts, believes Anne Egan, a researcher who sat in on 158 in camera cases (where cases are heard in private) for her PhD, though the court “reinforces stereotypical views” that children need to be with their mother as primary carer – the result in 88 per cent of cases. Another PhD researcher, Róisín O’Shea, found only 2.23 per cent of 493 cases had the children living with their father. While many fathers asked for 50/50 living arrangements, O’Shea saw this ordered by the court in just two cases. Egan, who also interviewed fathers, says most accepted the mother as primary carer, but “they would have liked more contact rather than specific times and dates”. These fathers missed the daily informal involvement with their children over breakfast, the school run or even just a few minutes in the evening to hear about a child’s day. The second major complaint was being left out of decision-making. “Most were not happy with the situation but it was working for them,” she says. If a father wants to be primary carer, “it’s not always fair. There’s a battle royale if you are acting for a father,” says Marion Campbell, a private family law solicitor who has been dealing with separation cases since 1981, when she started her career in the legal aid board. Due to the recession, a growing number of men have become stay-at-home fathers whose wives work full-time. It’s often the wife who wants to separate, yet if the father wants to remain in the home as primary carer, he needs maintenance paid by the wife and her agreement to leave the family home, which is practically unheard of (O’Shea’s study found not one case of fathers receiving maintenance). Jobless and rejected men may have no choice but to move home to their parents’ house, Campbell says. Would a stay-at-home mother be asked to leave her house with no maintenance and limited access to her children because her husband wanted a separation? The question just doesn’t arise, Campbell points out. Another unfair perception is that men are not physically assaulted by their wives, she adds. “I’ve come across a lot of cases, but women are much stronger and more proactive in issuing proceedings. Men bury their heads and come in at the last minute and quite a number are upset because they don’t want the separation,” says Campbell. ONE FATHER WHO WAS physically abused says he never told anyone because “it’s embarrassing”. When parents fight in court over property and children, lawyers’ briefcases heave with psychiatrists’ and social workers’ reports, although hearings can be so brief that judges don’t always see everything. Keaveney says the men he hears from often feel social workers have sided with their wives and barely listen to them, and that the wives’ allegations are always believed. Joe says he experienced years of false accusations by his ex-wife before he finally received a verbal apology from a social worker who said he’d been right about his wife’s fragile mental state all along. For example, his wife went to gardaí accusing Joe of exposing their son to pornography during an access visit. Gardaí investigated and The Irish Times has seen a copy of a letter from An Garda Síochana telling Joe they found no basis for the allegations. For Joe, this was just one episode in a long campaign by his ex-wife to “destroy” him, even though she had left him for another man. “Because she’s a woman she can say what she likes, do what she likes and is getting away with it. Because I’ve moved on, the only way she can get to me is through the kids. I know guys who have not seen their kids in five to 10 years. “One father I know, hadn’t seen his son for eight years. Then he got a call through a solicitor to say his son had attempted suicide. Can you imagine how he feels?” Tom weeps when he speaks of living “in limbo”. After years of court battles costing in the region of €50,000, he has good access to his children but still worries about their safety. At the height of the conflict, he would drive by a place where he knew his children would be, just to see them from a distance. “I’m trying to move on, but last week, I broke down leaving the kids back to their mother. I was leaving them to somebody I don’t trust.” Sleepless nights have become routine, but he keeps going, trying to rebuild his life and his business, “for my kids”. -------------------------------------------------------------------------------- Some names have been changed |
Legal fees
What price justice?
A day in court may be costly but you can negotiate or shop around. We look at how legal fees are charged and the extent of legal aid.
Whenever a headline case or inquiry such as the beef tribunal turns the spotlight on legal fees the cry goes up to regulate lawyers. However, the legal profession cannot set guidelines for fees as this would be contrary to the spirit of competition fostered by the Competition Acts.
Costs
Legal costs mount up as soon as you decide to go to court. The following have to be paid:
� Expert witnesses (doctors, engineers, accountants, actuaries, and so on)
� Court fees (stamp duty on various documents)
� Solicitor.
� Barrister.
All the professional fees (lawyers, expert witnesses), except doctors' fees, are subject to 21%VAT, which significantly increases the overall cost of the case.
The longer the case continues the more it costs and this is why many cases settle at the door of the court. The amount involved in an action will also affect the solicitor's profit costs and the barrister's fees. For example, these will be higher in a personal injury claim worth �1 million than if the sum is only �50,000.
A medical report costs about �120. You will also have to pay the witness for attending in court, on the basis that he is giving up a day's work to be there.
Circuit Court stamp duty can range from �3 for a copy of a document to �40 for a request for judgement. In the High Court, for example, stamp duty on applications or motions seeking documents from the other side can cost �200.
Taxing Master
Legal fees are basically determined by market forces. But there are certain controls within the legal system. Legislation referring to legal fees dates back to the nineteenth century and is updated from time to time. For example, the Solicitors (Amendment) Act 1994 obliges solicitors to give a client written information about charges as soon as possible after being instructed by the client.
Another control is exerted by the Taxing Master. He is usually a solicitor, appointed by the Government. A judge or client can refer any dispute over solicitor's costs or barrister's fees to him. If this arises the Taxing Master will be given a detailed Bill of Costs and will hear submissions on behalf of both parties. If he decides the charges were not justified he will adjust them accordingly. The High Court provides a final level of recourse. If a solicitor or dient appeals the decision of the Taxing Master this is heard by a High Court judge who may revise the fees again.
Solicitors
A solicitor is obliged to tell you one of three things about charges (these cover fee, outlay and VAT) after you have instructed him:
� the charges for taking on your case
� an estimate of the charges
� the basis on which the charges will be calculated.
The last option refers to certain procedures for which a solicitor will charge a flat fee, such as drawing up a will or conveyancing . The Rules of the Superior Courts 1986 name seven criteria for a solicitor's fee:
� complexity
� amount of money involved
� importance to the client
� skill involved
� number of documents
� where the business is done (for example, if you brief a Dublin solicitor who must attend court in Donegal, or if your solicitor briefs a barrister from Cork to appear in Dublin, and the level of the court)
� time involved.
At the end of the case you are entitled to a bill from your solicitor summarising the work done and the various charges involved + 21%VAT.
In any contentious case, or one which went to court the bill should also include a note of the damages and costs recovered from the other side.
If you are unhappy about your solicitor's fee you should ask him to explain how it is calculated.
Flat rate
For some work a solicitor may charge a flat rate. For example, in a conveyance the fee is usually between 1% and 1.5% of the cost of the house (+ 21%VAT) in addition to the solicitor's outlay and the cost of the various documents, searches, stamp duty and land registration involved.
Likewise, for probate or administration of an estate the fee is a percentage of the gross estate. The scale is:
� 3.5% on the first �10,000
� 3% on the second �10,000
� 2.5% on the balance
+ 21%VAT
+ Outlay.
In some instances such as commercial work the solicitor may charge an hourly rate.
If your case is a straightforward traffic offence the solicitor can quote you a fee up front. If you think this is too high you can go to another solicitor.
Complex cases
For more complicated cases such as defamation or constitutional actions it is almost impossible to say at the outset what the costs will be. The costs are determined by the level and complexity of the claim. The Rules of Court set out the points taken into account in the fees (see Costs).
The client is liable for costs. If the claimant wins he will recover costs against the defendant. If the claim fails the claimant usually pays the costs of both parties.
The costs for the other side are known as party and party costs and cover:
� gathering evidence
� issuing and dealing with court proceedings including barristers' fees
� correspondence between your solicitor and the solicitor on the other side
� medical representatives.
They do not cover the solicitor-client fee which could apply to:
� correspondence with your own solicitor
We have been told that In some personal lnjury claims a solicitor will ask the client for a percentage of the award by the court, or the settlement, over and above the costs recovered from the defendant This Is usually about 10% of the value of the award. R)r example, on an award of �100,000 some solicitors might look for �10,000 in addition to the costs.
A solicitor may tell you that he Intends to ask for this extra payment when you first instruct him in the case. You should not agree to this. This Is forbidden by the Solicitors Act and you should report it to the Law Society.
We condemn this practice as unjustifiable and unfair.
� a bank loan guaranteed by your solicitor to cover the cost of repairs before the hearing
� witness expenses where the witness attended in court but was not called because of a last minute narrowing of the issues, for example, if on the day of the hearing the defendant admits negligence.
In some circumstances the court will make 'no order as to costs' which means that each side pays their own costs.
Complaints
If you think the final costs are too high you can complain to the Law Society If the Society finds the fees to be excessive it will order the solicitor to reduce them by a specific amount. This service is free.
This power was endowed in November 1994 50 the Society cannot investigate any work done before that date. However, the Taxing Master can hear an appeal on costs relating to a court action which were set before that date.
If the Taxing Master reduces your bill by 16.6% (one-sixth) your fees are reduced and your solicitor pays the Taxing Master's fee. Otherwise you must pay the Taxing Master. The fee for the Taxing Master is stamp duty of 5% of the final bill + �20.
In effect, the cost of a solicitor's court work is directly controlled by the taxation system. Solicitors know what level of fees the Taxing Master accepts and charge accordingly. You are free to shop around from one solicitor to another but you will find many quoting the same prices.
Barristers
Like the Law Society, the Bar Council, the administrative body for barristers, cannot set guidelines for fees as this would be anti-competitive.
Your solicitor usually chooses your barrister and should be able to advise on the range of his charges. These depend on factors such as the complexity of the case, the length of the hearing, which court it is heard in and the amount involved.
The number and seniority of barristers you need depends on the court where your case will be heard. Your solicitor may represent you in any court. Some do act alone in the District Court. For more complex matters such as cases heard in the High Court and Supreme Court you will need at least one junior and one senior counsel.
Fees
The Bar Council advises clients to agree the barrister's fees before the case begins and the solicitor should explain the basis for these charges. Although for example, the charge for a consultation depends on the length of time it takes and the issues involved, a routine pre-trial consultation costs about �95 per hour.
Charges are also similar across the board for routine work such as pleadings (court documents), short opinions and proof. The proofs contain the barrister's advice on what witnesses and documents should be available for the trial. The average fee for these in a High Court personal injury action is �130.
A barrister charges a brief fee for taking on the case and appearing in court on the first day of the hearing. He charges a refresher fee for every subsequent day. Brief fees vary according to the type of case, complexity, and amount involved.
On average, in a High Court personal injury claim the brief fee is about 1.5% of the amount of the award or the value of the case. Refreshers are usually 0.5% of the brief fee. As the value of the claim rises the percentage falls. For example, a barrister will not charge 1.5% of a �1 million claim.
Examples
Value of claim Brief fee �50,000 �907 �100,000 �1,815
In a contract case in the High Court the barrister's fee would rarely be less than �1,500, and the refresher per day would be 0.5% of this.
A recent report on the Economic Evaluation of lnsurance Costs in Ireland, commissioned from DeLoitte and Touche by the Department of Enterprise and Employment comments on legal costs. It notes that the bigger the award the lower the legal costs as a percentage. They can range from 8% to 50% of the total outlay on the case, the higher percentage relating to cases worth about �20,000.
A major factor in the legal costs bill is the long lead time in getting to court. It can take up to 4 years to come to trial and this can double the amount of legal costs. If a case Is listed but does not get to court this also adds to the expense as lawyers and expert witnesses may be on stand-by. The expert witnesses must be paid for this time.
While taking certain factors into account in the fee a barrister can set any value on his expertise. You can ask your solicitor to brief a barrister who charges less but he may reply that winning depends on having the best in the field.
However, very few barristers charge fees such as those in the beef tribunal. There are about 1,200 barristers in the Law Library and the Bar Council encourages people to shop around for a reasonable quote.
Two seniors
Since the introduction of the single senior system in 1986 defendants pay for only one senior and one junior counsel in a personal injury claim. Frequently1 however, especially outside Dublin, two seniors may be briefed for the plaintiff (in case one is caught unexpectedly for a time in another court on the day of the hearing).
When this happens the fees allowed for the barristers are split three ways on the basis of 26.6% (three-eighths) for each of the seniors and 25% (two-eighths) for the junior. So, briefing two seniors costs the same as one senior.
Complaints
If you are dissatisfied with the service given by your barrister you can complain in writing on a complaint f6rm provided by the Bar Council (see Useful Contacts). The complaint will be dealt with by the Professional Conduct Tribunal.
The Tribunal comprises five members of the Bar, appointed by the Bar Council and two lay people, one nominated by the Irish Business & Employers Confederation, one by the Irish Congress of Trade Unions. If the complaint is sustained it has the power to admonish the barrister or remove him from the Register of Practising Barristers and recommend that he be disbarred.
Code of Conduct Barristers and solicitors have codes of conduct. For example, a barrister must not coach a witness in his evidence. A barrister who agrees to defend someone charged with a criminal offence should not commit himself to anything which conflicts with his duty to that person.
Legal Aid Board This is an independent body appointed by the Minister for Equality and Law Reform to provide aid for civil cases. It has a Chairperson and 12 members, including two practising solicitors and two practising barristers.
The service is means-tested on the basis of your 'disposable' income (gross income less any allowances for dependants, mortgage, tax, and so on). The present disposable income limit is �7,350.
In cases where a married couple is in conflict the two incomes are assessed separately. As a result one partner may get legal aid while the other does not.
Merit
Your eligibility for legal aid also depends on the merits of your case. This is assessed on several bases, including:
- prospects of success reasonable grounds for taking or defending proceedings
- availability of any other method of resolution (mediation, negotiation)
- your ability to get legal representation outside the Legal Aid scheme.
Services
The Legal Aid Board provides a range of services from writing a letter on your behalf to representing you in court and has 28 full-time and 16 part-time centres. These services are available for civil proceedings in any Irish court but not at administrative tribunals. However, if you are taking tribunal proceedings you may get advice at a Legal Aid Centre.
This applies if you are unable to pay the legal costs, and this means that your solicitor and barrister will be paid only if you win your case and costs are recovered from the other party.
The term, however, is misleading. A solicitor can make the offer only on his own behalf. In most cases where this happens the barrister will also waive fees. But neither can speak for the experts' reports and court appearance, or other witnesses, although some of these too may waive their charges. Otherwise, you will have to pay all that outlay.
If you lose, the other side will look to you for costs. So, while for example in a High Court action you might be saved �5,000 or �6,000, you will still have to pay costs to the successful party which could amount to �5,000 or �6,000 or more.
You will not get legal aid for some types of proceedings, including:
� Defamation.
� Disputes about rights and interests in or over land (although there are certain exceptions to this).
� Civil Bills below �150.
� Conveyancing - unless connected to a matter in which legal aid or advice has been provided.
Charges
Unlike the Criminal Legal Aid scheme the Civil Legal Aid scheme is not free. You must make a small contribution according to your income:
� below �5,060 the fee is �4 for advice and a further �19 for court representation
� between �5,060 and �7,350 the fee is graduated in line with your actual income up to �596.
If you depend on social welfare and you qualify, you pay the minimum contribution of �23. In situations of severe hardship this may be waived.
If you have reckonable capital (for example, savings of over �2,000 or a second home) you will have to pay additional contributions.
Awards
If at the end of the case you are awarded costs or damages these are paid to the Legal Aid Fund. The Legal Aid Board is entitled, depending on the circumstances, to deduct its outlay from this, less any money you have already paid.
You are liable for any costs awarded against you. However, the Legal Aid Board may help you by making a token contribution towards the costs of the opposing party if certain conditions are fulfilled.
Foreign aid
If you live in another EU Member State and want to apply for legal aid there you must apply to the Legal Aid Board here who will transmit your request to the other State. The Legal Aid Board is also the receiving authority in Ireland for such requests.
Report by Aisling Maguire
WHAT IS FAMILY
MEDIATION?
Divorce and separation and the settlement of its consequences is often perceived as a battle that has winners and losers. All too often the losers are children.
Mediation is the introduction of an unbiased, unprejudiced third party in a conflict situation to help create a climate for positive discussions as the basis for an equitable solution.
Emphasis is on guidance towards consensual and voluntary acceptance of responsibilities, and the realisation of the mutual long-term interest in the well-being of the children.
Mediators should have training in psychology, family dynamics and legal aspects. They should not to be related to either party in the conflict nor have previously acted as their advisors or counsellors.
(From Justizwaisen October 1995. Verein "Aktion Recht des Kindes auf beide Eltern",
PF 324, A-1061 Wien, Austria).
