Access to justice

Question 1

Legal aid agency

Answer 1

-Gov Agency
-Make sure of availability of non profit services to public
-Fund civil legal advice service
-Run public defender service to give services in criminal defence market

Question 2

Types of civil aid

Answer 2

-Legal aid Agency
-Civil legal advice service
-CLA

Question 3

Civil legal advice (CLA)

Answer 3

-Provide funding for claimants when legal advice, mediation or representation in court are required
-Provides free and specialist initial legal advice to people across England and Wales who qualify for legal aid
-Claimant must pass means and merits test
-Advises on matters such as debt, education, housing and family issues

Question 4

What do means and merits test look at

Answer 4

Means- both claimants income and capital. Partners finances
Merits- Looks at reason for taking the action, chance of success.

Question 5

Types of criminal aid

Answer 5

-Legal advice and assistant offered in custody under s13 LASPO act 2012

Question 6

Means and merits - criminal

Answer 6

Means- D income and capital and partners finances. If defendant receives state benefit, automatically pass this test
Merits- Whether should be granted, Previous convictions, nature of offence, risk of custody if found guilty. More serious charge - more chance of legal aid

Question 7

Conditional fee Agreement

Answer 7

Solicitor can enter a CFA in many civil cases
-Ensures client only pays if case is won
-Place a cap on charge from solicitor
-Agreement comes with success clause. Bonus if they win.

Question 8

Advice agencies - Criminal

Answer 8

Citizens advice - charitable org across many towns. Usually free or discounted solicitor sessions available.
Law centres- Free non means tested advice to people in area. funded by GOV, Most will have qualified solicitor
Pro Bono- Volunteer barristers offer free advice to those who don’t pass CLA test.
-Trade unions, Members pay subscription
-Insurance companies