access to justice Flashcards
1
Q
what are the 2 tests that have to be passed to claim civil legal aid?
A
- means test - claimant’s income and capital
- merits test - reason for taking action, chance of success
2
Q
what are the 2 tests that have to be passed to claim criminal legal aid?
A
- means test - defendant’s income and capital
- ‘interests of justice’ test - if legal aid should be granted
3
Q
if granted, what does legal aid pay for?
A
- legal advice
- legal representation in court
4
Q
is legal aid free for a claimant?
A
- no
- pay lawyer privately in both civil and criminal cases
5
Q
list 3 sources of legal advice apart from lawyers
A
- pro bono unit
- trade unions
- citizens advice service
6
Q
assess the value of conditional fee agreements (CFA)
A
advantages:
* used in many civil cases
* client only pays lawyer if case is won
disadvantages:
* lawyer doesn’t get paid, if loses
* case is only taken if has high chance of success
