Consumer Corner: How to get affordable legal advice
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The hope is that you never need it but life with its twists and turns means that you could need legal advice one day.
For anyone needing legal advice, there is the idea that you could be sitting across the table from the likes of Harvey from the TV show discussing your needs in a fancy office. However, the reality is usually much different.
The costs associated with hiring a solicitor can be significant.
Solicitors are needed for a variety of reasons, be it for a case taken against you, a divorce or to settle a dispute. According to reports the costs associated with hiring a solicitor in Ireland can be anything from €200 to €500 per hour.
Ronan Kennedy, a professor in Law at Galway University says that legal costs in Ireland are high because there are restrictions on competition here.
“This is slowly improving as the Legal Services Regulatory Authority continues its programme of innovation, such as the possibility of solicitors operating as limited liability partnerships, but it still has a great deal of work to do.”
If the time ever does come that you are in need of legal advice, it will be worth knowing that there is a way to get legal representation without it costing the earth, in certain situations.
The Legal Aid Board is an independent public body set up to provide access to civil legal aid and advice to those who wouldn't otherwise be able to afford it.
It doesn’t cover all situations but it will be worth knowing that it can be used in some situations if the cost of legal advice is a worry.
The Legal Aid Board mainly provides advice in the areas of divorce, judicial separation, maintenance, domestic violence, custody of and access to children, problems relating to hire-purchase agreements, contract disputes and applications for international protection including permission to remain in Ireland.
As well as this, the Family Mediation Service at the Legal Aid Board provides a free family mediation service to all families who have undergone a divorce, separation or living apart, as well as those navigating challenges in the aftermath of these decisions, in the areas of parenting, finances and the family home. This service is not means tested.
CEO of the Legal Aid Board, Joan Crawford says that some of the services they offer are completely free while some services require a means test, and some services require people to pay a fee called a contribution.
“If you are facing significant financial hardship and cannot afford to pay the contribution, you can apply to the Legal Aid Board to have the contribution waived.”
The Legal Aid Board does not provide civil legal aid or advice in some cases however such as defamation claims, land disputes, generally. However there are many exemptions to this rule.
Others include civil matters covered by the small claims procedure, licensing, conveyancing and election petitions.
“The Legal Aid Board is dedicated to providing access to civil legal aid and advice to those who wouldn't otherwise be able to afford it,” says Ms Crawford.
Mr Kennedy says that the Legal Aid Board can certainly be helpful to those who are eligible to use its services, but he says it has low thresholds in terms of assets and income, which means that it is not accessible to everyone.
“Access to justice in Ireland is easiest for the poor and the rich, those in the middle are often unable to afford good legal advice and don’t qualify for supports.”
Mr Kennedy said for anyone worried about legal costs the Legal Aid Board should be the first port of call. He says there are also the Free Legal Advice Centres.
“Depending on the problem, you might be able to get advice or help from a body like your trade union in an employment law dispute, a relevant non-governmental organisation such as an environmental NGO with a planning law issue, or a government regulator, although these tend not to provide advice.”
According to the Citizens Information Board, anyone engaging the services of a solicitor is legally entitled to clear written information about the costs of legal services they receive.
They said your solicitor is required to give you a Costs Notice, which will set out the likely costs of the legal services to be provided before you agree to proceed further.
They also add that if your solicitor is not able to provide you with the exact costs, they must still give you a Costs Notice which explains how the costs will be calculated.
When the legal services have been provided and it is time for you to pay, they say that your solicitor must give you a breakdown of all the charges, which is called a Bill of Costs.
People will generally have 30 days to pay their legal bill but according to Citizens Information if you are not satisfied with any aspect of the bill, you have 21 days to write to your solicitor and outline your concerns which they must try to resolve informally with you.