The Gazette 1989

GAZETTE

APRIL 1989

Law Centres are in constant contact with private practitioners. The more the private profession understands the strengths and limitations of the service, the more effectively it is likely to operate. One hopes that this article will have contributed to this understanding. Relevant Addresses etc. Law Centres: 45 Lower Gardiner Street, Dublin 1. (01-787295) Aston House, Aston Place, Dublin 2. (01-712177) 9, Lower Ormond Quay, Dublin 1. (01-724133) 517 Main Street, Tallaght, Dublin 24. (01-511519) 24 North Mall, Cork. (021-300365) 96 South Mall, Cork. (021-275998) 5 Mary Street, Galway. (091-61650) Lower Mallow Street, Limerick. (061-314599) 5 Catherine Street, Waterford. (051-55814) 1 Teeling Street, Sligo. (071-61670) 6 High Street, Tralee, Co. Kerry. (066-26900) Northgate Street, Athlone, Co. Westmeath. (0902-74694) Head Office 47 Upper Mount Street, Dublin 2. (01-615811)

District Court

Circuit Court

High Court

Supreme Court

Total

Type of Case

873 (854)* 289 (349)

66 (65) 20 (18)

Family Law

3 (3) 2 (1)

1,231 (1,271) (60) 1,317 (1,331) 86

Other

29 (10)

35 (31)

7Previous year's figures in brackets).

It is worth making the point, also, that in periods which see services temporarily restricted, arrange- ments are made whereby whjt are described as "emergency" cases continue to be taken on. The latter include, for example, cases of severe matrimonial violence or abuse of children, or cases where there is a threat to remove a child from the jurisdiction - assuming, in all cases, that the services of a solicitor are actually necessary. The Centres also continue to handle existing clients during these periods - temporary restrictions, in other words, apply to new clients. Referral of Case by Private Practitioners. With regard to the referral of cases to the Legal Aid service by prac- itioners, it would be of great benefit if the following arrangements were applied:- (a ) Practitioners should try to avoid referring cases at the last minute, e.g. where proceedings are already set to take place within a few weeks (some- times within days) of the referral. (b) The Law Centre should be contacted, in the first instance, by 'phone, to find out whether they can take on the case (for example, is it the type of case that is covered by the Scheme?) and how soon they can give the applicant an appointment. ( c ) A properly organised file, ideally with a brief summary of the facts, should be forwarded to the centre. The solicitor referring the case - especially if it is a complicated case which has been with his firm for some time - should make himself available to the Law Centre solicitor to discuss points of difficulty. Obviously the above is in the nature of a "wish list"; it will not be possibly, in all cases, to meet all of these desiderata. The Board,

naturally, is conscious that when the "traffic" if flowing the other way (i.e. when Law Centre clients are referred to private practitoners), it is equally important that properly organised files etc. be presented to the firm concerned. Concluding Comments The legal aid service is part of the justice system. Its primary aim is to provide persons of limited means with effective access to justice. Because of the severe budgetary situation experienced in recent years, the service is not by any means as extensive as would be warranted by reference to the size of the problem it attempts to address. This article will have demon- trated that there are complexities associated with the provision of a civil legal aid service, most of them having to do with the maintenance of proper controls. The same is true of corresponding services in other jurisdictions - the Legal Aid Schemes in neighbouring juris- dictions are, in many ways, more complex in their operation than ours. It goes without saying that complexity is never a virtue. No doubt, one of the aims of any review which will take place in the context of introducing a Statutory measure will be to simplify the Scheme. The degree to which simplicity can be achieved, how- ever, is limited. One of the main reasons for this is that civil legal aid is not just a matter of providing persons of limited means with access to justice - though, this is its principal aim - it also means that a very powerful weapon is put in the hands of individuals, who happen to qualify, whereby they can, with the backing of State resources, take others, who do not qualify, literally to any Court in the land. The potential for abuse, in that situation, is clear and the need for effective control mechanisms is equally clear. In their day-to-day operations,

Association of Criminal Lawyers The Association of Criminal Law- yers is in the process of preparing a comprehensive report on the short- comings in the present system of legal aid payments and proposals will be submitted to the Law Society and the Department of Justice. Any members of the Association who wish to make submissions are invited to do so in writing within the next three weeks to Padraig Ferry, Solicitor, 4 Chancery Place, Dublin 7. Please note that all membership subscriptions for 1989 are now due. A cheque for £15 can be sent to Elizabeth Ferris, Solicitor, Arran Chambers, 6 Arran Quay, Dublin 7.

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