Access to Justice Flashcards
1
Q
Why people need legal aid
A
- Lack of knowledge
- Fear of dealing with legal personnel
- Cost of solicitor
2
Q
Who qualifies for legal aid in civil cases
A
- Responsibility for legal aid rests with the Legal Aid Agency which comes under the Ministry of Justice. The Director of Legal Aid Casework and his team will make the final decision
3
Q
Guidelines from the Legal Aid, Sentencing and Punishment of Offenders Act 2012
A
- cost/benefit that may be obtained from claim
- availability of resources
- importance of matter to individual in relation to the services that could be provided
- availability of other services e.g. mediation
- prospect of success in a dispute
- public interest
4
Q
Means testing
A
- This is calculated as the total amount of disposable income available to an individual
- People on certain types of benefits automatically qualify
- means test also takes into account disposable capital (savings, stocks, jewellery)
5
Q
Problems with funding in civil cases
A
Lack of publicly funded solicitors and legal firms - number continues to drop
Eligibility fees - only ppl on very low incomes or no means at all can qualify
6
Q
Conditional fees
A
- solicitor and client agree a fee at the start
- ‘success fee’ capped at 25%
- if the claimant loses the case, they pay nothing
- since the Legal Aid Sentencing and Punishment of Offenders Act 2012, the winning claim is now responsible for paying the success fee themselves
7
Q
Trade unions
A
Can sometimes offer free legal advice in personal injury cases
8
Q
Law centres
A
- free non means tested legal service to local ppl
- aim to provide free legal advice in areas with few solicitors
- cheap or free interviews from some solicitors
9
Q
Bar Pro Bono Unit
A
another free service since 1996 that lawyers can opt into, up to 3600 barristers offer their services for free here
10
Q
Free Representation Unit (FRU)
A
- another agency staffed by volunteer lawyers and law students, founded in 1972
- help ppl in employment tribunals, social security appeals and claims for criminal injury compensation
