Access To Justice Flashcards
1
Q
What is the Legal Aid Agency?
A
- This is a government agency responsible for the administration of civil and criminal legal aid in England and Wales
2
Q
Role of The Legal Aid Agency
A
- To make sure that solicitors, barristers and the not-for-profit sector provide legal aid services which are available to the general public.
- Fund the Civil Legal Advice service.
- Run the Public Defender Service to give a range of services within the criminal defence market.
3
Q
What is the Civil Legal Advice (CLA) service?
A
- An organisation, for those qualified for legal aid, which provides free and specialist initial legal advice to people across England and Wales.
- Advises on matters like : debt, education and housing issues.
4
Q
What is Civil Legal Aid?
A
- Provides funding for claimants in certain civil disputes when legal advice, mediation or representation in court are required.
5
Q
How is Civil legal aid used for claimants?
A
- Claimant has to pass a means and merits test.
- Limited types of claims are able to be funded by civil legal aid, including homelessness, immigration or harassment.
- If granted, advice, assistant and legal representation by a lawyer is paid for.
- If a claimant isn’t qualified for legal aid all costs have to be paid by themselves unless they can obtain a Conditional Fee Agreement.
6
Q
Means Test
A
- Claimant’s income and capital is looked at along with their partners finances unless they have a contrary interest.
- Income is tested for cases in both the Magistrates’ Court and Crown Court.
- If the D receives state benefits, they’ll automatically pass this test.
7
Q
Merits Test
A
- Looks at the reason for taking the action, and the chance of success.
- More serious the charge or possible consequences, the more likely the case will qualify for legal aid.
8
Q
What is Criminal legal aid?
A
- Are under the jurisdiction of the Legal Aid Agency.
- Agency enters into contracts with legal firms to provide legal services to people charged with criminal offences.
9
Q
Advice and assistance for individuals held in custody
A
- Under s 13 LASPO 2012, legal aid for advice and assistance is provided for a suspect who has requested for legal advice but are in police custody.
- Scheme not means tested.
- Advice is provided by duty solicitors.
- Duty solicitor decides if that suspect qualifies for the scheme and whether it will be over telephone or in person.
- Solicitors can only claim for attending at the police station if they can show that attendance was expected to ‘materially progress the case’
10
Q
What is LASPO?
A
- Legal Aid, Sentencing and Punishment of Offender Act 2012
11
Q
Advice and assistance for criminal proceedings following charge
A
- D needs to pass both means and merits test so they can receive legal aid from a solicitor or barrister.
12
Q
What is Private funding?
A
- Those who can afford it can pay for legal advice from a solicitor and/or a barrister.
- There is normally a solicitors office in each town.
- Solicitors charge an hourly free (can be expensive).
- A fixed fee usually isn’t given as the case is not fixed and hours spent on it and evidence gathering cannot be determined.
13
Q
What are Conditional fees?
A
- Solicitor can enter into a Conditional Fee Agreement (CFA) with their client in many types of civil cases.
- Used in a lot of personal injury cases.
- Can’t be used in family or criminal cases.
- CFA ensures client only pays the solicitor if they win the case for the client.
- A cap is placed on the amount a solicitor can charge.
- Solicitor can’t claim costs if the case is lost (only accept CFAs if there is a good chance of success (75%+).
- Usually contains a ‘success fee’ clause. Added fee that a solicitor becomes entitled under a CFA if their client’s case is successful. Amount is determined by complexity + risk of case. If the client wins the case they can’t claim the success fee from the loser in additions to their costs.
- There is a term of the CFA that the client takes out an ‘after the event’ insurance policy as the loser of a civil case pays the winner’s legal costs.
14
Q
What are 4 Types of advice agencies?
A
- Citizens Advice
- Law Centres
- Pro Bono unit
- Free Representation Unit (FRU)
- Trade unions
- Insurance companies
- Charities
15
Q
What are Citizens Advice Agencies?
A
- This is a charitable organisation found in many towns and cities across England.
- Staffed by both full-time employees and trained volunteers who give general advice across a wide range of issues by face-to-face contact, telephone and by email and web chat.
- Advice for debt, housing problems and consumer issues.
- Have arrangements with local solicitors who offer clinics to give advice on purely legal issues.
- Solicitors offer a cheap, or free, first advice session.
