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vasiletina
20-04-2006, 08:23
The Bar Council's Voluntary Assistance Scheme


What is Voluntary Assistance?

"VOLUNTARY ASSISTANCE" is a scheme operated by the Bar Council whereby barristers provide services directly to non Government organisations working with members of the community who cannot afford legal services. All areas of the law are covered by this scheme but the principal areas include housing issues, landlord and tenant issues, prison related issues, social welfare appeals and debt related issues. Barristers with expertise in each of these areas of the law are available to provide assistance to organisations encountering difficulties in these areas.


What type of assistance can be provided?

The scheme makes available every service which barristers ordinarily provide to clients. Examples include:

• Advising whether there may be a legal angle to a particular problem

• Assisting with the drafting of initial letters

• Advising whether a claim might be brought to Court and what steps need to be taken to advance such a claim

• Drafting the documents necessary for bringing a claim to Court

• Representing a client in Court

• Providing training in advocacy to organisations that may need to represent clients themselves

• Providing advice in relation to law reform

For some forms of assistance barristers will be required to be instructed by solicitors. If such a requirement arises, a number of solicitors have indicated a willingness to act.

Who may avail of Voluntary Assistance?

The VOLUNTARY ASSISTANCE scheme is available to all non Government organisations working with people who have legal problems and who cannot afford the services of lawyers. The scheme does not include family law because this is the one area of law which is extensively covered by the Government operated Legal Aid scheme.


How does one avail of Voluntary Assistance?

Jeanne McDonagh is the Administrator of the VOLUNTARY ASSISTANCE scheme. Jeanne is Secretary to the External Relations Committee, which runs this scheme on behalf of the Bar Council. Jeanne can be contacted at jmcdonagh@lawlibrary.ie or (01) 817.5014.

Any voluntary organisation wishing to avail of the VOLUNTARY ASSISTANCE scheme should contact Jeanne who will then ensure that a barrister with the appropriate expertise will provide the service required.


Why do Barristers offer voluntary assistance?

Barristers in Ireland operate what is known as an Independent Referral Bar. This means that they do not source work directly from clients but rather rely upon solicitors and, to a lesser extent, other professional bodies and organisations to refer work to them. The extent to which barristers provide voluntary services is therefore largely dependent upon the extent to which they are asked to provide those services by solicitors. The Legal Aid scheme in Ireland is extremely restricted and hopelessly under funded. Voluntary organisations such as FLAC, the Northside Community Law Centre and the Ballymun Community Law Centre do avail of barristers’ services for voluntary work but these organisations are themselves over subscribed and under funded. As a profession the Bar has a long tradition of protecting and advancing the interests of less well off members of society. The Bar Council is anxious to continue and expand upon that tradition. It believes however that the existing structures for the provision of barristers’ services require updating to enable that to happen. It is with that objective in mind that the VOLUNTARY ASSISTANCE Scheme has been initiated.

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