'Desperation out there' looking for lawyers through civil legal aid scheme
Fine Gael Councillor Shane O'Callaghan and family law solicitor Carmel Best are concerned about the lack of funds available to cover legal aid in family law. Picture: Dan Linehan
Calls are being made for an urgent overhaul of the civil legal aid scheme amid a shortage of active members within the family law solicitors panel.
Just under 34,000 legal aid cases were referred to private solicitors under the scheme over the last five years.
However, concerns have been raised that the system is failing due to barriers for those seeking access to legal representation in family law cases.
It is understood that between 6,000 and 8,000 legal aid cases in the District Court are referred annually to the panel. However, a number of panel members are said to be turning down civil legal aid work due to the poor fees the State pays for the work.
The standard fee for family law solicitors for the majority of cases is currently €339 exclusive of Vat. The only exceptions include categories described as maintenance and custody and/or access and/or guardianship cases, which are set at €423 exclusive of Vat.
Fees for domestic violence and maintenance cases are also set at €423. Domestic violence and custody and/or access and/or guardianship cases incorporate the same fee. Meanwhile, solicitors are entitled to a fee of €508 — exclusive of Vat— for maintenance and domestic violence and custody and/or access and/or guardianship cases.
The District Court family law solicitors panel currently has 375 members scattered across various parts of the country. Some 70 solicitors from the panel are located in Cork with 130 based in Dublin and 35 in Kerry. There are currently 21 family law solicitors accepting civil legal aid cases in Clare and 35 in Limerick.
Family Law solicitor Carmel Best, who is based in Cork City, described how she is being contacted by people from as far away as Waterford who are unable to find legal representation — despite receiving legal aid certificates. She explained that the fee can be a disincentive for solicitors trying to earn a decent living.
“Domestic violence cases are through the roof," Ms Best told the I can see this with the people who are coming to me.
Ms Best, who has been on the family law solicitors panel for a number of years, said that civil legal aid cases often require a lot of time.
“I’ve been to court with some clients seven times. I’ve read the reports coming in from social services about their children. I might have four meetings with the client and correspondence with them, but it’s still the same fee.”
She said that people are finding it extremely challenging to find solicitors willing to take on civil legal aid cases.
“One woman called me from Waterford, because she couldn’t find anyone closer. There’s a desperation out there which is definitely reflected in what I’m seeing.”
Ms Best said that the cases she deals with are often time consuming and distressing.
"A lot of these people are very vulnerable. They are relying heavily on you to get it right for them and to do a good job.
"They want you to fight their case for them, but you’re not going to be doing that without getting in-depth instructions from your clients and getting all the facts. There’s a bit of ground work to be done and, in certain circumstances, correspondence reports.
"The standard of the service has to be the same. You wouldn’t take a legal aid cert and say 'I’ll give that 10 minutes'. It doesn’t work like that.
"I have no problem taking a share of these, but it’s hard to turn people away knowing there’s a chance that they might not be able to find someone else.”
Dublin-based family lawyer Keith Walsh SC, who is on the family law solicitors panel, described the civil legal aid fees as a “national scandal”.
"The fee hasn’t gone up, despite being reduced in 2000 after the [economic] crash,” he said.
“Everything else has increased. The criminal legal aid fees have gone up and have been restored to what they were, but the civil legal aid ones haven't.
"It’s a national scandal that is resulting in less solicitors wanting to do the work. This makes it much more difficult for people entitled to legal aid who need to find solicitors
He explained that the preparation and consultation process that comes with civil legal aid cases is often taxing.
“I was in the District Court in Bray three weeks ago with a domestic violence case. My client and I had to wait around for the whole day, and we didn’t finish up till 6.45pm.
"This is not a criticism of the judge, who was working overtime that day to get through as many cases as possible. However, the fees are very little if you’re on legal aid.
"It might seem a lot for one day, but you are also spending hours preparing the case. When you consider the preparation and consultation with your client, you are probably looking at 11 hours. This is a lot of time when you’re running an office.”
Cork South Central Fine Gael councillor Shane O’Callaghan has prepared a motion to submit to Cork City Council outlining the need for increased legal aid fees for family law solicitors.
The motion calls for the council to write to the minister for public expenditure, Jack Chambers, and justice minister Jim O’Callaghan to increase the legal aid fees payable to solicitors on the District Court family law solicitors panel.
It makes reference to a backlog in family law applications in the District Court for people accessing everything from domestic violence orders to disputes regarding custody and access to children and maintenance applications.
"It is for this reason that they’re voting with their feet and prioritising other areas of their practice — such as private family law.
"It’s hard to blame them because the fees make it difficult to make a living. The people who are granted legal aid are in dire need financially and cannot afford to pay for legal representative privately.
"They are among the most vulnerable in our society and the system is letting them down.”
A spokesperson for the Legal Aid Board said: “Civil legal aid and advice are provided by the Legal Aid Board primarily through a network of 32 law centres by solicitors directly employed by the board.
“The Legal Aid Board also engages private solicitors and barristers through panels to provide services on its behalf. Solicitors must apply to join these panels and adhere to the terms and conditions, including set fees.
"Each panel has different fees, and the fee structure has been approved by the minister for justice and the minister for public expenditure.
"The Legal Aid Board has no power to vary the terms and conditions, including the fee structure, without the consent of the ministers concerned.”
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