Civil Cases

The Board may obtain the services of an interpreter services for all offices excluding Criminal Legal Aid. Approval for an interpreter at advice stage must be sought by way of submission for authority. Legal Services may refuse to pay for an interpreter that has been engaged without authority. Interpreter attendance forms must be completed in respect of both law centre and international protection clients.

The Board does not fund travelling expenses for interpreters, unless an interpreter is requested to travel a particular distance due to the lack of interpreters in a location, and in this case the cost of travelling must be authorised in advance by the Board. Interpreter services can also be provided over the phone. If it emerges that an interpreter is required following the granting of a legal aid certificate, an amendment to the certificate should be sought rather than authority.

Authorisation for engaging interpreters in international protection cases is automatically granted.

Private Practitioners should make their bookings via email /phone contact. Invoices in respect of PP bookings (law centre clients) should be directed by the contractor to Legal Services Support. Invoices in respect of PP bookings (asylum clients) should be emailed to Interpretations@legalaidboard.ie (Smithfield Support Unit NBS) for approval, processing and onward transmission to Finance Unit for payment.

The Board may obtain the services of a translator to carry out the translation of documents.

Authority will normally be granted in respect of the following classes of documents:

• Birth, Death, Marriage Certificates etc;
• Military Records;
• Passports and other Identity documents (usually National I.D. Cards; Employment I.Ds, student cards)
• Medical Certificates;
• Court Orders; and
• Summonses.

As regards any other document that is considered necessary to support a client’s case, a brief description of the content of the document should be obtained from the client, and he or she should mark relevant passages for translation within the document. A caseworker/solicitor who is of the opinion that the contents justify translating the document should: -

• consider whether the expenditure involved in obtaining a translation appears to be justified in the circumstances;
• certify that in his/her opinion such a translation is necessary; and
• provide reasons for this opinion.

22. If a solicitor/firm 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 a professional report should be obtained or that professional or other witnesses are required, application must be made in writing to the Board seeking an amendment to the certificate to incur such expenditure. Such application should provide sufficient information, particularly in relation to how the additional expenditure is 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. 

23. If it is decided to approve an application, an amending certificate will be issued by the Board. A solicitor may not seek reports, engage witnesses or otherwise incur costs or expenses save as authorised on foot of a Certificate or an amending certificate. The Board will be responsible only for costs or expenses incurred where these have been approved in writing in advance.

24. 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 (Regulation 12).

Applications for amendments to legal aid certificates should be made to the Private Practitioner Centre. The Board’s scale of witness / expert fees is set out hereunder. There are a number of items of outlay that will in the normal course be the responsibility of the applicant.

• Standard GP up to €215
• Consultant up to €385

• Examination and first report up to €385
• Examination and report - second family member €385
• Each additional family member – interview €300
• Each group session- interview €300

• G.P. / Consultant up to €185
• Psychiatrist / Psychologist up to €300

(To include consultation with Counsel on day of hearing if necessary)

• Half day (a.m. or p.m.) up to €515/€555
• Full day up to €765 / €805 

Note: (The €515 applies where the Consultant is within 30 kilometres of the Court venue: €555 applies where Consultant is in excess of 30 kilometres of Court).

Consultation with Counsel other than on day of hearing: up to €210 per hour

• By telephone up to €60 
• By Correspondence up to €85
• By Attendance at Examination up to €150/€175 (Depending on whether travel is greater or less than 10 miles).

• For standby fees within 20 miles of consultants / psychiatrists/ psychologists hospital up to €385
• For standby for Court more than 20 miles from consultants/ psychiatrists / psychologists hospital up to €425

• Partners/Associates up to €205 per hour
• Assistants up to - €105 per hour
• Consulting Actuaries up to €1015

Overall rate, i.e all- in (excl VAT) maximum fee for report up to €720 

Rate to be allowed for expert witnesses- up to €4 per photograph

Overall rate, i.e. all-in (excl VAT) maximum fee for report up to €490 

There are a few categories of cases in which the legally aided person is considered to be responsible for fees and outlay, namely:

• Commissioners’ fees: The cost of these fees, where the client is required to swear an affidavit, is to be a  matter for the client to pay, separately from the contribution. 

• Valuations: The current position is that the individuals concerned have an interest in property and, given that they are seeking to verify the value of that property, they should be in a position to pay for it. 
  
  Law centres have been requested to arrange joint valuations where they are representing both parties and even to seek that outcome where one party is privately represented. 
  
  If a client indicates that he or she is unable to meet the cost of a valuation (or his or her share of the cost of the valuation), the Board may consider an application to fund the valuation on the basis that not to do so would cause hardship to the client and would not be in the best interest of the client's case or where other exceptional circumstances exist.

• Advertisements: In circumstances where the applicant is not aware of the place of residence of the  respondent in the proceedings. A legally aided person is responsible for ascertaining the address of the proposed respondent or is required to meet the cost of advertisements in the media. 

• Hardship and decisions generally: Notwithstanding the foregoing, the Board exercises its discretion in each and every  case by reference to the facts of the particular case and, in particular, whether the decision not to authorise expenditure would be likely to create hardship.