Access to Justice Flashcards
positives of a civil case
• multiple ways to obtain legal advice
• lawyers are not the only way of receiving advice
• many sources of advice are cheaper than solicitors
• state-funded legal aid
• private funding for civil cases
negatives of civil cases
• legal fees can be expensive
• condition fee arrangements require a lawyer to have the confidence that a claim will succeed.
• civil legal aid funding has been cut
• lack of legal aid has led to delays in the court system.
• more pressure is put into other agencies due to the cuts
positives of criminal cases
• suspects have access to legal advice, prevents police from breaking the PACE Act 1984
• when a suspect is detained, their possessions are taken. they cannot access the documents regarding salary so they cannot test at this point.
• criminal convictions are serious, as defendant can instruct a lawyer to investigate the claims.
negatives of criminal cases
• the budget has been cut for criminal legal aid
• no drop in crimes or court cases to account for the drop in funding
• fewer firms are providing criminal legal aid
• there’s a rise in defendants representing themselves, which increases delay
gov funding: Legal aid agency
• make sure legal aid is a available to the public
• find the civil legal advice service
• run the public defender service
gov funding: civil cases
the civil legal advice (CLA) is an organisation that provides free initial advice to those who qualify for legal aid.
gov funding: civil cases test
• means test (look at claimants income and capital)
• merits test (reasons for taking the action)
gov funding: legal aid agency
Legal aid agency - provides legal advice to people charged with criminal offences under s.13 of LASPO 2012.
gov funding: criminal case testing
• there will only be a means and merit test after a defendant has been charged.
• means test checks defendants income.
• merits test determines whether legal aid should be granted.
other funding: private funding
• if a person can pay for their own legal advice, they’re expected to do so
• solicitors charge an hourly fee, this can become very costly, if representation is also needed in court, it’ll add to the costs.
other funding: conditional fee arrangement
• ‘no win, no fee’ arrangements’ set up by solicitors, the client only pays if they’re successful.
This cannot be used in family or criminal matters.
• can cap the amount a solicitor can charge
• ‘success fee’ additional fee a solicitor can charge if successful.
other funding: other advice agencies
• citizens advice
• law centres network
• advocate
• free representation unit (FRU)
• trade union
other funding: citizens advice
• charitable organisation that has bureaux all over UK
• trained volunteers to give general advice
other funding: law centres
• free, non-means tested advice
• 42 centres in UK
• funded by the central or local government
• qualified solicitor will work full time, supported by volunteers
other funding: advocate
• free legal advice
• from barristers in london
• barristers can also represent the client in civil proceedings
