Access To Justice Flashcards
Sources of free legal advice
Civil:
- Citizens Advice Bureaux (CAB):
This is a charity which provides free legal advice on a range of issues to those living in their local areas. They tend to specialise in debt, welfare, consumer, housing, employment and immigration problems. They offer initial advice and some representation, though if the case is complex, they may pass it to more specialised agencies or lawyers.
- Law Centres:
Offer a free, non-means tested legal service to people in their area. Their aim is to provide free legal advice (and sometimes representation) in areas where there are a few solicitors.
- Trade Unions:
Advice is available to members on civil matters, generally related to employment such as discrimination, unfair dismissal or contract disputes. Advice will usually be free to full members. Advice is provided by lawyers or paralegals who may be specialists in the field.
- Insurance Companies:
Offer initial advice on merits of mostly civil claims provided the nature of the claim is covered by policy conditions on their insurance.
- Civil Legal Advice:
This is a government funded scheme for providing advice. It provides advice via telephone on things such as: debt if vour home is at risk, housing if you’re homeless or at risk of being evicted, domestic abuse, a child being taken into care, discrimination.
- Schemes run by lawyers:
Some solicitors offer a free half hour first interview. Since 1996, volunteer barristers have staffed the Bar Pro Bono Unit. This unit situated in London gives free advice to those who cannot afford to pay. They will give advice on any area of law and where necessary, represent the client in court proceedings.
Criminal:
- Solicitor at the police station:
Anyone held as a suspect at a police station has the right to free legal advice. There is a duty solicitor scheme available 24 hours a day. The advice may be by telephone or face to face.
Both:
- Internet:
Advice is available on the internet to all on a range of mostly civil topics, given by either qualified lawyers or by non-qualified persons (often for a fee). They may provide initial documents and material.
Funding a criminal case
Private Funding: Own Resources:
- Anyone who can afford it can pay for a solicitor and/ or a barrister to deal with a legal matter.
- there are solicitors in most towns, however some specialise in certain types of work.
- the bigger firms work in major cities such as London and often specialise in commercial law with majority of clients being businesses.
- consulting a solicitor can be expensive with the average cost outside of London is about £150 per hour, however in London some charge £600-£1000 per hour.
Public Funding: Legal Aid (LA):
- since 2013, criminal legal aid services have been under the LA agency in the ministry of justice.
- agency makes contracts with the law firms to provide services to people charged with offences.
- most service providers are solicitors.
• in order to get representation for a case, the D has to qualify under “interest of justice” test and a means test.
- 5 interests of justice:
1. Risk losing their livelihood or job
2. The case involves a point of law
3. They are unable to understand the proceedings in court
4. Complex legal issues are involved
5. It is in the best interests of another person that they are represented
- Means test:
Applicants financial position and cost of the case is considered.
- Magistrates court:
Gross income has to be below a certain level to qualify. The test is very strict, about three quarters of adults do not qualify for legal aid in the MC.
- Crown Court:
Those on lower income receive legal aid.
Those with higher income but below £37,500 disposable income have to contribute.
Those with over £37,500 will have to fund their case privately.
If D is found not guilty, contributions will normally be refunded.
Funding a civil case
Private Funding: Own Resources:
- On issues of civil law, it is also possible to consult a barrister directly, without going to a solicitor first.
- can be cheaper than using a solicitor because barristers do not have such high business expenses as solicitors.
Private: Legal Insurance:
- most motor insurance policies offer cover for help with legal fees in cases arising from road accidents.
- home insurance policies offer cover from any legal claims arising such as a visitor being injured on the premises.
- also policies purely for insurance against legal costs, these can be ‘before the event’, that is when there is no known legal claim.
- also ‘after the event’ insurance which is often used alongside a conditional fee agreement.
Private Funding: Conditional Fee Agreement(CFA):
- if someone funding their own case and lose they may have to pay the costs of the other party.
- in order to overcome costs, a CFA can be used in all civil cases apart from family cases.
- client and solicitor agree on a fee agreement will set out what a solicitor gets if they win.
- CFA’s will be made on basis that if they lose, client pays nothing.
- scene referred to as ‘no win, no fee’.
- some solicitors may prefer to charge a lower level fee.
- if won, client has to pay the normal fee plus success fee which could be 100% of the normal fee.
- there is a cap on success fees in personal injury prevents it been more than 25%. Protects clients from having to pay more than compensation won.
- a winning claimant cannot claim success fee back from loosing D.
Public Funding: Legal Aid:
Under previous legal aid systems, aid was available for all cases except those specifically excluded. They’re always were certain types of cases excluded such as small claims.
Since 2013, starting point is that legal aid is not available for civil cases unless it is a category specifically mentioned in the act. Types of cases allowed include those involving children rights and liberty of the individual. These include cases held at mental health tribunals as these are about whether or a person should continue to be detained in a mental hospital and cases involving claims for asylum.
Breach of contract cases cannot get public funding nor can claim in tort, such as claims for personal injury and trespass to the person, land or property.
