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Terms and Conditions

The Civil Legal Aid Act 1995 (“the Act”) provides that the Legal Aid Board (“the Board”) may establish and maintain a panel of solicitors who are willing to provide legal aid and advice to persons who are in receipt of legal services. The Board has decided to establish and maintain a panel of solicitors on a pilot basis who are willing to provide services to persons who have been granted a legal aid certificate by the Board for the purpose of advice and representation in relation to certain cases on foot of the Child Care Act 1991 (as amended). The panel is to be known as the “Pilot Child Care Panel”. The pilot is operative in Co Donegal and is now being extended to include cases in the Counties of Wexford and Dublin.

1. Any solicitor wishing to be considered to have his, her or their name placed on the Pilot Child Care Panel must apply in writing to the Board. The solicitor must give an undertaking, to comply with the terms and conditions herein and the provisions of the Act when providing legal aid and/or advice.

2. Any solicitor wishing to apply to be placed on the Pilot Child Care Panel must hold a current practising certificate from the Law Society of Ireland and must have professional indemnity insurance that is adequate for the purposes of the Scheme.  The current figure is €1.5 million in any one case, but the Board may revise this amount from time to time.

3. Solicitors/firms on the Pilot Child Care Panel must comply with the tax clearance procedures specified in the Department of Finance Circular 22/95 entitled ‘Tax clearance Procedures-Public Sector Contracts’ or any such circular amending or replacing that circular.

4. It is a requirement that solicitors applying to be placed on the Pilot Child Care Panel set out their experience to date in respect of cases taken on foot of the Child Care Act 1991. If a solicitor applying has no direct experience of such cases the solicitor should set out what experience, and in particular what advocacy experience, he or she considers makes equips him or her to represent the client in a professional and competent manner.

5. Any solicitor who meets the conditions in the Scheme and who wishes to have his or her name placed on the Pilot Child Care Panel must give an undertaking in the form appended hereto, that he or she will, comply with these Terms and Conditions and the provisions of the Act when providing legal aid and/or advice. 

6. The Pilot Child Care Panel shall be in place for a period of one year from the 1st December 2014 or such other date or period as the Board may determine.  The Board shall consider applications to be included on the Pilot Child Care Panel at such times as the Board, from time to time, may determine. 

7. Solicitors/firms on the Pilot Child Care Panel must have access to e-mail facilities and must have IT software that is compatible with Microsoft Office software in order to ensure the effective and efficient administration of the Scheme. In addition it is Board policy that email communications concerning clients are encrypted for security purposes.

8. Solicitors/firms are expected to act in a fiduciary manner in relation to all legally aided clients and to provide a service in keeping with the Guides to Professional Conduct that are issued from time to time by the Law Society of Ireland. 

9. The Board is committed to the provision of a quality legal service to its clients and shall from time to time provide solicitors on the Pilot Child Care Panel with guidelines on the approach to be adopted in dealing with matters within the ambit of this Scheme.  The Board has issued relevant Guidelines.  Solicitors/firms on the Pilot Child Care Panel are expected to broadly comply with the Guidelines.

 

  1. In limited circumstances a solicitor may deem it necessary to engage Counsel to carry out some of the work. Where this is the case the Board will not be liable for Counsel’s fees unless the solicitor first seeks, and receives, authorisation from the Board to engage Counsel. Authorisation may only be granted in the following circumstances and even in these circumstances the Board may not sanction the retention of counsel:

  • there are criminal proceedings pending against one of the parties to the proceedings; and/or
  • there are other exceptional circumstances involved and the solicitor has provided full details of the circumstances.

 

In each case, it will be necessary for the solicitor to set out clearly the reasons why a barrister is considered necessary and a decision will be taken on the application by the appropriate authorised officer. Such reasons should be set out in correspondence or by email to ppunit@legalaidboard.ie the Private Practitioner Unit, Legal Aid Board, Quay St, Cahirciveen, Co Kerry.

The barrister so engaged must be a member of the Board’s Barrister’s Panel and the fees that will be authorised to be paid will be the Board’s standard Counsel fees for proceedings in the District Court on foot of the Child Care Act 1991 as per the Board’s Terms and Conditions for the Retention of Counsel. The solicitor is required to certify on the barrister’s claim form that the services provided are as claimed by the barrister.

It is a requirement that where a barrister is briefed, the solicitor satisfy him or herself that the barrister has the necessary experience and training to carry out the work in accordance with the requirements of the scheme and also that the barrister is briefed in good time and provided with all information relevant to the applicant’s case in a timely manner. The solicitor remains responsible for the quality of the legal service and representation provided.

 

11. A solicitor on the Pilot Child Care Panel shall provide the Board with any information relating to a person in receipt of legal aid, which is required by the Board for the purpose of enabling the Board to discharge its functions under the Act.  Such information shall be furnished within fourteen days of any such request.  Solicitors/firms shall retain files of legally aided persons for a period of six years from the date of completion of the services authorised on foot of the legal aid certificate.

12. As part of its commitment to ensuring that its clients receive a quality service, the Board shall review / audit a number of files of legally aided clients so as to satisfy itself that the solicitor on the Pilot Child Care Panel is providing an appropriate level of service.  In the event that that review / audit identifies issues of concern in relation to the provision of an appropriate level of service, the Board shall inspect any or all legally aided client files assigned to that solicitor.

13. The Board may suspend or remove a solicitor from the Pilot Child Care Panel if it considers that: o the solicitor’s conduct when providing or selected to provide legal services or his/her/their professional conduct generally render him, her or them unsuitable, in the opinion of the Board, to provide such services; 

  • the solicitor has failed to meet the criteria set out in these Terms and Conditions;
  • the solicitor has failed to comply with these Terms and Conditions;
  • the solicitor has not participated in the Scheme to a satisfactory level, including but not confined to his/her refusal on a regular basis to accept a legally aided person as a client or to give a client appropriate legal advice or aid; or
  • the solicitor has a medical condition that would render him or her unfit to provide the required service.  The Board reserves the right to require medical evidence from a solicitor or to refer a solicitor to a medical practitioner in order to confirm their fitness in this respect.

14. If the Board decides to suspend or remove a solicitor from the Pilot Child Care Panel, the solicitor shall be notified in writing of the grounds for the decision.  The solicitor may, within a period of one month from the date of such notification, appeal in writing the decision to the Chief Executive of the Board, setting out the grounds of appeal in full.  The Chief Executive may restore the solicitor, if satisfied that a case for restoration to the Panel is made out.  Any appeal does not operate to delay or negate the suspension or removal of the solicitor from the Pilot Child Care Panel, unless the Chief Executive determines otherwise.

15. Any solicitor who is suspended or removed from the Pilot Child Care Panel may also be suspended or removed, as the case may be, from the Private Practitioner District Court Panel depending on the circumstances.

16. Solicitors/firms who wish to withdraw from the Pilot Child Care Panel must inform the Board, in writing, of their intention to withdraw.  Solicitors/firms shall give one month’s notice of intention to withdraw from the Pilot Child Care Panel.  Solicitors/firms who withdraw from the Pilot Child Care Panel must complete all outstanding cases that have been referred to them unless the Board consents to the matter being returned to it or referred to another solicitor.

EXCLUSION/REMOVAL/WITHDRAWAL FROM THE PANEL

  1. The Board may suspend or remove a solicitor from the Pilot Child Care Panel if it considers that:
  • the solicitor’s conduct when providing or selected to provide legal services or his/her/their professional conduct generally render him, her or them unsuitable, in the opinion of the Board, to provide such services;
  • the solicitor has failed to meet the criteria set out in these Terms and Conditions;
  • the solicitor has failed to comply with these Terms and Conditions;
  • the solicitor has not participated in the Scheme to a satisfactory level, including but not confined to his/her refusal on a regular basis to accept a legally aided person as a client or to give a client appropriate legal advice or aid; or
  • the solicitor has a medical condition that would render him or her unfit to provide the required service. The Board reserves the right to require medical evidence from a solicitor or to refer a solicitor to a medical practitioner in order to confirm their fitness in this respect.

 

  1. If the Board decides to suspend or remove a solicitor from the Pilot Child Care Panel, the solicitor shall be notified in writing of the grounds for the decision. The solicitor may, within a period of one month from the date of such notification, appeal in writing the decision to the Chief Executive of the Board, setting out the grounds of appeal in full. The Chief Executive may restore the solicitor, if satisfied that a case for restoration to the Panel is made out. Any appeal does not operate to delay or negate the suspension or removal of the solicitor from the Pilot Child Care Panel, unless the Chief Executive determines otherwise.

 

  1. Any solicitor who is suspended or removed from the Pilot Child Care Panel may also be suspended or removed, as the case may be, from the Private Practitioner District Court Panel depending on the circumstances.

 

  1. Solicitors/firms who wish to withdraw from the Pilot Child Care Panel must inform the Board, in writing, of their intention to withdraw. Solicitors/firms shall give one month’s notice of intention to withdraw from the Pilot Child Care Panel. Solicitors/firms who withdraw from the Pilot Child Care Panel must complete all outstanding cases that have been referred to them unless the Board consents to the matter being returned to it or referred to another solicitor.

 

17. The Scheme shall apply in relation to persons who have been granted legal aid certificates issued for by the Board for representation in the District Court for certain cases on foot of the Child Care Act 1991 (as amended).  If a legally aided client wishes to appeal the District Court Order to the Circuit Court, an application for an amendment to the certificate may be made to the Private Practitioner Unit with regard to paragraph 23 (Amending Legal Aid Certificates)

18. Persons seeking legal services make their applications at law centres. In the event that an applicant is granted a legal aid certificate for a child care matter the Board may refer the person to the Pilot Child Care Panel to select a solicitor from the Pilot Child Care Panel to act on their behalf.  The Board or the legally aided person shall notify the solicitor and shall furnish them with:

  • Two copies of the legal aid certificate which will indicate the legally aided person’s name, the nature of the proceedings authorised and the steps authorised on foot of those proceedings, in terms of the expenditure on witnesses that may be incurred; and
  • a Claim Form on which the legal aid certificate number should be entered.

19. The certificate shall be the solicitor’s authority to provide legal aid to the client under this Scheme.  One copy of the certificate should be retained by the solicitor / firm on the client file.  The second copy of the certificate should be attached to the Claim Form for payment of the fee and any outlay, when the case is concluded.

20. Legal services cannot be provided under the Scheme without a valid legal aid certificate. 

21. It is an essential requirement of this scheme that where a solicitor is engaged on foot of any matter authorised under a legal aid certificate that they continue to provide services for that matter. Failure to do so without good reason will be regarded as grounds for removal from the Pilot Child Care Panel.

22. The service to be provided shall also include but not be limited to:

  •  arranging a first consultation with the client and taking instructions;
  • reviewing and obtaining all relevant papers and Child and Family Agency Reports;
  • attending court for all emergency or interim applications made by the Child and Family Agency;
  • clarifying with the client whether any documentation, reports or other proofs may be obtainable prior to the hearing;
  • providing advice in relation to Care and Supervision Orders and the consequences attaching to such orders;
  • considering whether any expert assessments / reports should be arranged / obtained;
  • taking up to date instructions pre hearing;
  • attending court for the full hearing of the case;
  • advising the client after the hearing including about the possibility and merit of an appeal; and
  • attending court for any reviews that the court may determine are necessary.

23. If a solicitor considers that further steps that will incur expenditure are required to process the client’s claim, over and above those authorised on the certificate, for example, that Counsel should be engaged, that an expert report should be obtained, that professional or other witnesses are required, that a legally aided person wishes to  appeal a decision of the District Court to the Circuit Court,  an application must be made in writing seeking an amendment to the certificate to incur such expenditure.  Such application should provide sufficient information, particularly in relation to how the additional expenditure / steps are likely to benefit the client’s case, to allow a decision to be made and to enable the terms of the Act to be complied with by the Board when considering the application.  The application should be made to the Private Practitioner Unit, Legal Aid Board, Quay St, Cahirciveen, Co Kerry, ppunit@legalaidboard.ie.

24. A solicitor may not engage Counsel, seek reports, engage witnesses or otherwise incur costs or expenses save as authorised on foot of a certificate or an amending certificate.  The Board shall be responsible only for costs or expenses incurred where these have been approved in writing in advance.

25. Decisions by the Board to refuse applications for professional or expert witnesses shall be subject to the relevant review and appeal procedures contained and the Civil Legal Aid Regulations 1996 to 2013 (Regulation 12).

 

  1. The Claim-Form shall be the document whereby the solicitor shall be entitled to claim the appropriate fee and any authorised outlay.   Care should be taken in completing the Form, as incomplete or improperly completed claim forms will be returned without payment. Solicitors should be particularly careful to ensure that fees claimed are properly payable and that there is an entitlement on foot of the terms and conditions to each and every amount claimed.

 

  1. The completed Claim Form (CF1), together with a copy of the signed Certificate, should be returned to the Board when the services specified in the certificate have been provided and the case has been determined to the point where a fee becomes payable. The appropriate fee can be claimed after each stage.

 

  1. A case shall be deemed to have been determined to the point where a fee becomes payable where:

 

  • a final Order has been made on foot of the application for a Care Order Order / Supervision Order and the matter has been disposed of save for any review(s) of a full Care Order; or
  • the application is withdrawn by the Child and Family Agency:

 

Should it be the local practice that Care Orders for relatively short periods are made and the matter is adjourned rather than interim care orders being made to until an adjourned date, a fee will not become payable until what can realistically be regarded as a ‘final Order’ is made.

 

  1. Legally aided persons must not be charged any fees and must not be asked to discharge any fees, expenses, costs or outlay, except in accordance with such specific instructions as may be issued in writing from time to time by the Board. If a legally aided person offers to pay additional money to a solicitor for additional services in their case the solicitor must refuse to accept any such additional money. Furthermore, legally aided persons must not be asked to sign undertakings to pay for additional services and the charging or accepting of additional fees, expenses, costs or outlay or the seeking of undertakings to pay for additional services shall be grounds for immediately removing a solicitor from the Pilot Child Care Panel.

30. There shall be a standard scale of fees (set out in Schedule 1 below) payable per case to solicitors/firms on the Pilot Child Care Panel for the provision of services.

31. Solicitors on the Pilot Child Care Panel shall be responsible for the outlay of any necessary viaticum to secure the attendance of witnesses, but shall be entitled to a refund of any outlay authorised on foot of the certificate or amendment thereof.  If it becomes necessary to pay a fee for professional services that has been authorised by the certificate or an amendment thereof, in advance of the determination of a case, an Interim Claim form together with the original fee note may be submitted to the Board.  The fee shall be paid by the Board directly to the relevant person or body and the solicitor will be advised when payment has been made.

32. Travel and subsistence expenses shall not be payable on foot of this Scheme. Solicitors must have regard to this provision when indicating the areas in which they are willing to provide services.

 

  1. Section 31(4) of the Act provides that:

 

“ Where a person to whom the Board has decided to grant legal aid or advice has -

(a) accepted the nomination of a solicitor or selected a solicitor from the solicitors’ panel pursuant to subsection (1) or been granted the services of a solicitor pursuant to an application under subsection (3), or

(b) accepted the nomination of a barrister pursuant to subsection (2) or been granted the services of a barrister pursuant to an application under subsection (3), the person may apply to the Board to have the services of that solicitor or barrister dispensed with and the services of another solicitor of the Board or solicitor from the solicitors’ panel or, as may be appropriate, barrister from the barristers’ panel obtained in the matter and where the Board considers it reasonable in all the circumstances, it may consent to the application.

 

  1. If a client makes a complaint to a solicitor about his, her or their performance and it is not possible to address the complaint to the client’s satisfaction, the client should be requested to put the complaint in writing and the complaint should be forwarded to the Board. If the Board receives a complaint from a client or if the Board identifies a performance issue, a copy of the complaint or a note of the performance issue shall be forwarded to the solicitor for his/her/their observations. The Board shall consider the complaint / performance issue in accordance with its “Customer Care and Complaints Procedure”, and also in accordance with the terms and conditions.

 

  1. Nothing in these Terms and Conditions shall give rise to, or be construed as giving rise to, a relationship of employer and employee between the Board and any solicitor on the Pilot Child Care Panel.

 

Schedule 1

Fees for services Pilot Private Practitioner Panel - The District Cout Fee
Proceedings on foot of Parts III and IV of the Child Care Act 1991
Case fee:- to  cover all work carried out by him or her in regard to the case to include as appropriate, consultations, preparatory work, settlement negotiations and/or court appearances incidental to the full hearing. €750
In cases where a barrister is not briefed, a fee of €400 shall be payable in respect of the first application for an interim care order.  Each subsequent application for an interim care order will be paid at a rate of €150.

€400, €150
In the event that a barrister is briefed an additional sum of €100 shall be payable to the solicitor in respect of each application for an interim care order. €100
An additional sum shall be payable in respect of each second or subsequent day of a hearing, or part thereof.  In the event that a barrister is not briefed the fee payable shall be in the sum of €400.  In the event that a barrister is briefed the fee payable to the solicitor shall be in the sum of €100. In order for a refresher to apply the matter must be listed for hearing and must involve legal submissions and / or evidence in excess of 30 minutes. Fees will not be payable in relation to mention dates or where matters are adjourned for the purpose of dealing with ancillary issues or issues incidental to the substantive Order made.

€400

€150
In the event that a barrister is not briefed a fee of €400 will be payable in respect of a review of a full care order(s) i.e, if final orders are already in place and the matter is listed for review. A fee of €400 will also be payable in respect of any other review (consequent upon a care order being made) subject to the matter involving legal submissions and / or evidence in excess of thirty minutes.  In the event that a barrister is briefed, the fee payable to the solicitor in both of the above circumstances shall be in the sum of €100.

€400

€100