Legal Clerk

Overview of the Role

The key features of the role are:

·      Provision of paralegal services to clients of the law centre under the supervision of a Solicitor/Managing Solicitor, having regard to any service delivery initiatives developed by the Board;

·      Proactive management of case files in accordance with Board’s procedures, having full regard to the Board’s Risk Management Strategy, and

·      Full engagement and utilisation of the Board’s ICT case management systems to obtain the maximum benefits from these systems;

·      Full exploitation of the potential of the use of non legal means to solve disputes;

·      Adherence to the Board’s guidelines and procedures for the delivery of quality legal services.

Essential Entry Requirements:

Candidates must, on or before 15th February 2024 have:

·      A legal qualification to at least Diploma level;

and

·      at least 2 years experience in a legal office

It should be noted by candidates that this position is not open to persons on the Roll of Solicitors.

Competencies

Candidates must be able to demonstrate clearly at interview that they possess the full range of competencies as set out in below. Candidates should have knowledge of the Civil Legal Aid Act, 1995, and the Regulations made thereunder, an understanding of the role of the Legal Aid Board and its operating environment, or the capacity to quickly acquire same;

Professional experience and delivery of legal services

·      Capacity to apply legal knowledge effectively.

·      Understanding of court process.

·      Understanding of the role of a paralegal.

·      Ability to work in a demanding and pressurised environment.

Using technology effectively for service delivery

·      Capacity to use appropriate legal databases and platforms.

·      Ability to use ICT effectively and efficiently.

Interpersonal & communication skills

·      Excellent interpersonal and team working skills.

·      Ability to communicate effectively orally and in writing with a wide variety of people.

·      Actively listens to the views of colleagues and others.

·      Managing client relationship in a public service environment.

·      Capacity to work well in a team -based environment.

·      High level of customer service skills

Personal drive for results

·      Results orientated approach.

·      Proven organisation skills with the ability to manage a caseload of legal files proactively.

·      Professional integrity.

·      Ability to work on their own and show initiative and flexibility.

General Matters

Eligibility to Compete and Certain Restrictions on Eligibility

Citizenship Requirements

Eligible candidates must be:

(a)    A citizen of the European Economic Area (EEA). The EEA consists of the Member States of the European Union, Iceland, Liechtenstein and Norway; or

(b)    A citizen of the United Kingdom (UK); or

(c)    A citizen of Switzerland pursuant to the agreement between the EU and Switzerland on the free movement of persons; or

(d)    A non-EEA citizen who is a spouse or child of an EEA or UK or Swiss citizen and has a stamp 4 visa; or

(e)    A person awarded international protection under the International Protection Act 2015 or any family member entitled to remain in the State as a result of family reunification and has a stamp 4 visa; or

(f)     A non-EEA citizen who is a parent of a dependent child who is a citizen of, and resident in, an EEA member state or the UK or Switzerland and has a stamp 4 visa.

To qualify candidates must be eligible by the date of any job offer.

Collective Agreement: Redundancy Payments to Public Servants

The Department of Public Expenditure and Reform letter dated 28 June 2012 to Personnel Officers introduced, with effect from 01 June 2012, a Collective Agreement which had been reached between the Department of Public Expenditure and Reform and the Public Services Committee of the ICTU in relation to ex-gratia Redundancy Payments to Public Servants. It is a condition of the Collective Agreement that persons availing of the agreement will not be eligible for re-employment in the Public Service by any Public Service body (as defined by the Financial Emergency Measures in the Public Interest Acts 2009 – 2011) for a period of 2 years from termination of the employment. People who availed of this scheme and who may be successful in this competition will have to prove their eligibility (expiry of period of non-eligibility).

Incentivised Scheme for Early Retirement (ISER)

It is a condition of the Incentivised Scheme for Early Retirement (ISER) as set out in Department of Finance Circular 12/09 that retirees, under that Scheme, are not eligible to apply for another position in the same employment or the same sector. Therefore, such retirees may not apply for this position.

Department of Health and Children Circular (7/2010)

The Department of Health Circular 7/2010 dated 01 November 2010 introduced a Targeted Voluntary Early Retirement (VER) Scheme and Voluntary Redundancy Schemes (VRS). It is a condition of the VER scheme that persons availing of the scheme will not be eligible for re-employment in the public health sector or in the wider Public Service or in a body wholly or mainly funded from public moneys. The same prohibition on re-employment applies under the VRS, except that the prohibition is for a period of 7 years. People who availed of the VER scheme are not eligible to compete in this competition. People who availed of the VRS scheme and who may be successful in this competition will have to prove their eligibility (expiry of period of non-eligibility).

Department of Environment, Community & Local Government (Circular Letter LG(P) 06/2013)

The Department of Environment, Community & Local Government Circular Letter LG(P) 06/2013 introduced a Voluntary Redundancy Scheme for Local Authorities. In accordance with the terms of the Collective Agreement: Redundancy Payments to Public Servants dated 28 June 2012 as detailed above, it is a specific condition of that VER Scheme that persons will not be eligible for re-employment in any Public Service body [as defined by the Financial Emergency Measures in the Public Interest Acts 2009–2011 and the Public Service Pensions (Single Scheme and Other Provisions) Act 2012] for a period of 2 years from their date of departure under this Scheme. These conditions also apply in the case of engagement/employment on a contract for service basis (either as a contractor or as an employee of a contractor).

Declaration

Applicants will be required to declare whether they have previously availed of a Public Service scheme of incentivised early retirement. Applicants will also be required to declare any entitlements to a Public Service pension benefit (in payment or preserved) from any other Public Service employment and/or where they have received a payment-in-lieu in respect of service in any Public Service employment.

Principal Conditions of Service

General

The appointment is to a permanent post in the Civil Service and is subject to the Civil Service Regulations Acts 1956 to 2005, the Public Service Management (Recruitment and Appointments) Act 2004 and any other Act for the time being in force relating to the Civil Service.

Pay

Legal Clerk PPC Salary Scale – from 1st October 2023

€43,433

€44,999

€45,967

€47,033

€48,096

€49,172

€50,255

€51,302

€52,801

€54,210

The PPC pay rate applies when the individual is required to pay a Personal Pension Contribution (otherwise known as a main scheme contribution) in accordance with the rules of their main/personal superannuation scheme. This is different to a contribution in respect of membership of a Spouses’ and Children’s scheme, or the Additional Superannuation Contributions (ASC).

A different rate will apply where the appointee is not required to make a Personal Pension Contribution.

Long service increments may be payable after 3(LSI1) and 6(LSI2) years satisfactory service at the maximum of the scale.

Entry will be at the minimum of the scale and the rate of remuneration will not be subject to negotiation and may be adjusted from time to time in line with Government pay policy.

Different terms and conditions may apply if you are currently a serving civil or public servant. Subject to satisfactory performance increments may be payable in line will current Government Policy.

Successful candidates will agree that any overpayment of salary, allowances, or expenses will be repaid by you in accordance with Circular 07/2018: Recovery of Salary, Allowances, and Expenses Overpayments made to Staff Members/Former Staff Members/Pensioners.

Tenure and Probation

The appointment is to a permanent position on a probationary contract in the Civil Service.

The probationary contract will be for a period of one year from the date specified on the contract. Notwithstanding this paragraph and the paragraph immediately following below, this will not preclude an extension of the probationary contract in appropriate circumstances.

During the period of your probationary contract, your performance will be subject to review by your supervisor(s) to determine whether you –

(i)               Have performed in a satisfactory manner,

(ii)              Have been satisfactory in general conduct, and

(iii)             Are suitable from the point of view of health with particular regard to sick leave.

Prior to the completion of the probationary contract a decision will be made as to whether or not you will be retained pursuant to Section 5A(2) Civil Service Regulation Acts 1956–2005. This decision will be based on your performance assessed against the criteria set out in (i) to (iii) above. The detail of the probationary process will be explained to you by the Legal Aid Board and you will be given a copy of the Department of Public Expenditure and Reform’s guidelines on probation.

Notwithstanding the preceding paragraphs in this section, the probationary contract may be terminated at any time prior to the expiry of the term of the contract by either side in accordance with the Minimum Notice and Terms of Employment Acts, 1973 to 2005.

In certain circumstances your contract may be extended and your probation period suspended. The extension must be agreed by both parties.

·        The probationary period stands suspended when an employee is absent due to Maternity or Adoptive Leave.

·        In relation to an employee absent on Parental Leave or Carers Leave, the employee may require probation to be suspended if the absence is not considered to be consistent with the continuation of the probation.

·        Probation may be suspended in cases such as absence due to a non-recurring illness.

The employee may, in these circumstances, make an application to the employer for an extension to the contract period.

All appointees will serve a one-year probationary period.  If an appointee who fails to satisfy the conditions of probation has been a serving civil servant immediately prior to their appointment from this competition, the issue of reversion will normally arise.  In the event of reversion, an officer will return to a vacancy in their former grade in their former Department.

Duties

Appointees will be required to perform any duties which may be assigned to them from time to time as appropriate

Outside Employment

The successful candidates may not engage in private practice or be connected with any outside business which would interfere with the performance of official duties or conflict in any way with the position of a Legal Clerk in the Board.

Headquarters

Legal Clerks of the Board normally work in Law Centres established by the Board but may be required to serve in such other locations as may be designated by the Board.

·      Notwithstanding an initial assignment to a particular location appointees may be transferred to a different location or assigned to such specific duties at a different location as the Board may determine from time to time so as to enable it to perform its functions under the Act.

·      The duration of a transfer and/or assignment to other duties will be determined by the Board.

When absent from home and headquarters on official duty a Legal Clerk will be paid appropriate travelling expenses and subsistence allowances, subject to normal civil service regulations.

Hours of attendance

Hours of attendance will be fixed from time to time but will amount to not less than 41 hours and 15 minutes gross or 35 hours net per week. The Legal Clerk may be required to work such additional hours from time to time as may be reasonable and necessary for the proper performance of their duties subject to the limits set down in the working time regulations. The rate of remuneration payable covers any extra attendance liability that may arise from time to time.

Annual Leave

The annual leave for this position is 23 days, rising to 24 after 5 years’ service and 25 days after 10 years’ service. This allowance is subject to the usual conditions regarding the granting of annual leave in the civil service, is based on a five-day week and is exclusive of the usual public holidays. Where the position is in a part time capacity, the annual leave allowance will be applied on a pro-rata basis.

Sick Leave

Pay during properly certified sick absence, provided there is no evidence of permanent disability for service, will apply on a pro-rata basis, in accordance with the provisions of the sick leave circulars for the civil and public service.

Officers who will be paying Class A rate of PRSI will be required to sign a mandate authorising the Department of Social Protection to pay any benefits due under the Social Welfare Acts direct to the Legal Aid Board. Payment during illness will be subject to the officer making the necessary claims for social insurance benefit to the Department of Social Protection within the required time limits.