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Can't afford a Solicitor and refused legal aid

  • 10-02-2022 5:33pm
    #1
    Spectreon666
    Registered Users Posts: 314 ✭✭


    Hi folks,

    Just looking for a bit of advice on how to get a solicitor. My Uncle is in litigation over a land dispute. He's defending the case and tried to get legal aid. He was eligible but they don't cover land disputes so he was refused aid. He absolutely cannot afford a solicitor and has no other income other than his welfare pension to pay them back. Not really an option as his pension barely covers his costs as is. Getting a loan for it may prove difficult for him and even paying that back would be a major inconvenience to him

    He's fairly worried that if he mentions his financial situation to a solicitor no one will take him on but at the same time he can't say he has the funds for it when he doesn't Would anyone have an idea of what he can do.

    Thanks.



Comments

  • #2
    joeguevara
    Registered Users, Registered Users 2 Posts: 8,103 ✭✭✭joeguevara


    It is not my area of expertise and conscious of the ban on giving legal advice. I’d recommend contacting his local free legal advice centre who can go through on a high level the dispute, grounds of claim and options.



  • #3
    Claw Hammer
    Registered Users, Registered Users 2 Posts: 6,299 ✭✭✭Claw Hammer


    Solicitors will want money up front in most cases and will not want to take the case on. Some might be prepared to act if they get a charge on an asset such as land. Her would be gambling his asset on the case.



  • #4
    joeguevara
    Registered Users, Registered Users 2 Posts: 8,103 ✭✭✭joeguevara


    Literally have never dealt with any aspect of land disputes or indeed civil legal aid but I just had a look at the act and while on the face of it cases involving disputes on rights in or over land there are exemptions to this which may have been overlooked if not aware. FLAC would be able to discuss these and possibly appeal and denial of legal aid previously.

    From what I know land disputes over things like right of way or boundaries can drag on for years and cost an arm and a leg. Think At Kenny and his neighbours or the two barristers who owned lisadell house in Sligo who took on Sligo county council over public right of way. Usually some sort of mediation with the other side may come to a mutually agreeable solution.

    There is not much more I can add based on the op, and indeed I don’t want to step into any chance of legal advice. Hope he resolves it in the best way.



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