15 - The legal system : Access to justice and funding

Question 1

aim of acsess to judtcie and funding

Answer 1

to ensure that the wealth or status of a person doesnt bar them from acessing legal servicessuch as defending themsleves or bringing action

Question 2

sources of legal advice

Answer 2

• charities
• helplines
• Citizens advice
• trade unions
• law centres

Question 3

examples of private funding

Answer 3

own resources
insurance
CFA’s

Question 4

own resources

private funding

Answer 4

pay for legal services themselves . using their own resources to pay legal fees or raising funds via loan or remortaging a home

Question 5

insurance

Answer 5

people may take out insurance to pay for court costs
there are two types -
* before the event - in anticipation of fighting or defendning a case
* after the event - to insure against losing a case and having to pay the other sides costs as well as damages

Question 6

CFAs

Answer 6

‘no win, no fee’ arrangments’
introudces an alternative way of funding a civil case
client only pays if they win

Question 7

advantages of Conditional fee agreements

Answer 7

• they offer a further alternativeto private funding of a case
• widely available
• no payment up front in advane to begin a case
• insurance can be taken out to compensate for any losses

Question 8

disadvantages of conditional fee agreements

Answer 8

• there is a degree of ‘cherry-picking’ with solicitors of those cases that are likely to win
• may casuee lawyers to win at all costs, even acting unfairly
• generally more costly to cover the risk of losing the case

Question 9

establishemnt of Legal aid

Answer 9

legal aid, sentencing and punishment of offenders act 2012

Question 10

role of legal aid agency:

Answer 10

• funds the civil legal advice service
• publishes evidence about the decisions made on whether or not to fund a case
• runs the public defender service
• ensures that legal aid services from solicitors, barristers are available to the general public

Question 11

civil legal advice service

Answer 11

provides free and confidential advice in civil law matters such as debt, housing and domestic abuse

Question 12

Public defender service

Answer 12

provides:
* a range of services within the criminal defence market
* free representation of defendantsfrom the police station through to the courts
* free advice and assistance when a person is under arrest
* an advocacy service with acsess to 25 advocates

Question 13

advantages of legal aid

Answer 13

funing cases for those with low income
fundamental rigght to the agency’s services as a part of the welfare state in england and wales
allows fairer acsess to justice

Question 14

disadvantages of legal aid

Answer 14

• very strict means test
• less attractive to qualified solicitors as fee rates are lower
• penalises those in employment who have to contribute or are refused legal aid because of modrate in high wages