Access To Justice

Question 1

What agency oversees access to justice?

Answer 1

The legal aid agency

Question 2

What are the 3 things the legal aid agency do?

Answer 2

1) Makes sure any legal aid services provided by barristers and solicitors is available for public.
2) Fund the civil legal advice service
3) Run the public defender service

Question 3

Who gives legal aid in civil cases?

Answer 3

The civil legal advice service - CLA
Civil legal aid

Question 4

What does the civil legal advice service do?

Answer 4

Give free and specialist advice to people in England and wales who qualify for legal aid - debt, education housing……..

Question 5

What does the civil legal aid do? (3)

Answer 5

Provides funding for claimants when legal advice, mediation or representation in court is required
Have to pass a means and merits test

Question 6

What is looked at in the means and merits test?

Answer 6

Means : income and capital and partners finances unless they have a contrary interest - figure to qualify vary
Merits : Reason for claim and chance of success

Question 7

What cases can receive legal aid?

Answer 7

Repossession of property, homelessness, immigration and protection from violence or harassment.

Question 8

If someone doesn’t get legal aid how can they fund their claim?

Answer 8

Conditional fee agreement - no win, no fee but if win it’s a higher price.

Question 9

Who provides legal aid for criminal cases?

Answer 9

The legal aid agency enters into contract with law firms.

Question 10

Is a person entitled to legal aid if in custody and what happens?

Answer 10

Yes - a duty solicitors decides over the phone if the suspect qualifies for the scheme and for advice over phone or face to face.
( Not means tested - get it immediately )

Question 11

Do duty solicitors get paid?

Answer 11

No they can only claim if their attendance at the police station was expected to materially progress the case.

Question 12

What happens if a suspect needs legal aid after a charge?

Answer 12

They have to pass a means and merits test.

Question 13

What is a means and merits test? ( criminal cases )

Answer 13

Means : Looks at Ds income and capital as well as partners - unless contrary interest. ( benefits = immediate pass )
Merits : looks at previous convictions, nature of offence and risk of custody if guilty. ( how long/bad )
More serious charge/consequences more likely to pass.

Question 14

What is private funding?

Answer 14

Paying for solicitors and barristers

Question 15

How does hiring solicitors work?

Answer 15

They charge hourly fees but cannot give a fixed price due to hours, settlement/trial or special barrister.

Question 16

What is a conditional fee agreement?

Answer 16

No win , no fee. If they win extra “success fee”.
Usually accepted by solicitors if 75% chance of a win.
Client will have to take out a “after the event insurance policy as winner pays legal costs in civil cases.

Question 17

Where else can you get legal advice?

Answer 17

Citizens advice - charitable organisation, general advice for debt , housing and employee problems………
Free representation unit - law students and legal professionals in early career volunteer to help employment and social security tribunals. Trained and supervised by legal officers.
Pro bono unit - volunteer barristers give free legal advice. Can represent member of public in civil proceedings.

Question 18

3 adv with legal aid and 1 adv with CFA? ( civil )

Answer 18

1) Many ways to obtain advice.
2) Claimants don’t have to rely solely on lawyers for legal advice - costs down.
3) Many sources of free legal advice means more specialised help than high street lawyers.
1) CFAs allow claim to be made if a claimant cannot afford private funding.

Question 19

2 disadv with legal aid and 3 disadv with CFA? ( civil )

Answer 19

1) Lawyers cannot give fixed fees for cases. Clients may have to pay two amounts of fees ( loser pays legal fees )
2) Civil legal aid has been cut - £ 1 billion 2010-11 to £600 million in 2015-16 leads to more litigants in person more delays in court.
1) Lawyer has to be convinced of a high % to win.
2) Success fee comes out of compensation
3) After the event insurance - high costs ( several hundreds)

Question 20

2 disadvantages p/dp/wdp with legal aid? ( Criminal )

Answer 20

1) Gov has cut budget for criminal legal aid from from 2017-18 to 2018-19 decreased by £891 million to £879
million : ⬇️
No drop in crimes in correlation, fewer firms providing legal aid in 2010 1861 to 1147 now.
⬇️
Rising number of Ds without lawyers - so cases take longer. ( complex )
⬇️
Greater chance of Ds being found guilty and denied justice.

2) Long term future for solicitors isn’t promising :
⬇️
Solicitors don’t want to practice criminal law as it not as remunerated
⬇️
Unsociable hours - called into police station at night and court in the morning.

Question 21

3 adv with legal aid? ( criminal )

Answer 21

1) A suspect in police detention can obtain legal advice and assistance so police don’t break Police And Evidence Act 1984.
2) When detained a suspect gets all possessions taken and can’t access any documents or salary details so free advice without being means tested is vital.
3) A person facing criminal charges should be able to instruct lawyers to investigate those charges, obtain evidence and present a defence - justice is done.