Access to Justice Flashcards
sources of legal advice
citizen’s advice bureau
law centres
solicitors and barristers
trade unions
citizen’s advice bureau
(CAB) provides free advice on social welfare, debt, and legal matters through its nationwide branches, often collaborating with solicitors for pro-bono assistance.
law centres
Law Centres offer free legal advice in cities, focusing on social welfare issues and addressing limited legal access. Despite funding challenges, some receive government support.
solicitors and barristers
Some solicitors offer free or fixed fee initial interviews, while the Bar Pro Bono Unit provides free representation by barristers in spare time.
trade unions
Trade unions provide legal services to members, including advice and representation in employment disputes and personal injury claims. Subscription fees are typically paid for these benefits.
private funding examples
own resources
insurance
conditional fee agreements
own resources
Individuals can fund legal representation by paying solicitors and barristers directly, although this can be expensive. This method allows for choice in representation and finding specialists in specific areas of law. In some civil cases, individuals can approach barristers directly to reduce costs.
insurance
Legal insurance, like motor or home insurance, can provide individuals with free legal advice.
conditional fee agreements
Conditional Fee Agreements (CFA) let clients share case risks with lawyers. If successful, clients pay solicitor fees plus a capped success fee, typically 25% of compensation. ‘No win, no fee’ arrangements encourage ‘after the event’ insurance to cover legal costs if clients lose.
public funding for civil cases (Legal Aid, Sentencing and Punishment of Offenders Act 2012)
Civil Legal Advice provides free telephone advice for civil matters, while government funds for legal aid are limited and means-tested. Eligibility criteria, set by the Lord Chancellor, include financial thresholds and consideration of case importance, funding alternatives, and dispute resolution options.
public funding for criminal cases (Legal Aid, Sentencing and Punishment of Offenders Act 2012)
two advice schemes (duty solicitors, advice+assistance)
representation in court (means test, interest of justice test)
duty solicitors (advice)
provides ppl held at police station with free legal advice. duty solicitors provide advice on phone unless they can prove they had to attend station to heavily progress case. free to everyone, not means tested.
advice and assistance (advice)
solicitor with contract w Legal Aid Agency can do criminal legal aid work free for ppl on low incomes (advice, sometimes advocacy). this is means tested.
means test (representation in court)
Legal aid at Magistrates’ Court depends on strict financial criteria, while at Crown Court, it’s based on household income thresholds.
interest of justice test (representation)
To qualify for funding, u must pass the ‘interest of justice’ test by meeting one of five factors: risk to liberty or livelihood, substantial legal point, inability to represent oneself, need for witness involvement, or representation in another’s interest.