access to justice and legal funding Flashcards
Help lines
Civil legal advice- government funded scheme providing phone advice for debt, housing, domestic abuse, family issues, discrimination etc
Citizens advice bureaux
Free advice on variety of issues, typically social welfare and debt, provided legal advice to 2.5 million in 2014-15
Law centres
Free, non-means tested legal advice to people in the area, sometimes offer representation, 44 In operation in 2016
Trade unions
Offer their members free legal advice for all work related problems (eg p.i claims)
Lawyer run schemes
Some solicitors offer free Half an hour interviews to understand case and offer advice, Bar Pro-Bono is a voluntary scheme of barristers who give advice to those that can’t afford or get legal aid, can represent free of charge
Legal aid agency
Funding for criminal cases, makes contact with law firms to provide legal services, right to free legal advice if held as a suspect at police station, 24 hour scheme
Interests of justice test
Must meet one of 5 criteria: liberty at risk, point of law, understanding, witness, interests of someone else: allows for free representation at court for a criminal case
Funding in civil cases
LASPO 2012- unless case includes children’s rights, mental health or asylum claims
Means testing in civil cases
Must show doesn’t have enough money for a lawyer, income and capital are considered
Means testing in magistrates and crown courts
Disposable income (after living expenses) and disposable capital (any assets)
Other ways to pay for civil
Own money, insurance, conditional fee agreements