Access to Justice: Sources of funding Flashcards
What is legal aid?
State-funded legal help
What is meant by the unmet need for legal services?
- A person has a problem which could possibly be solved by going to law, but that person is not able to get the help he/ she needs from the system.
Why do you think people have an unmet need?
- Person fails to see that their problem has legal implications
- Chooses not to pursue the case because of implications like cost, sees solicitors as unapproachable
- Person does not know of the existence of a legal service or cannot find one who could help.
What is LASPO?
Legal Aid, Sentencing and Punishment of Offenders Act 2012
What is AJA? And how is it linked to LASPO?
Regulations under LASPO (and the Access to Justice Act 1999 beforehand) reformed the fees paid to experts in civil, family and criminal proceedings.
What did LASPO introduce?
Reduction in Legal Aid Eligibility: LASPO significantly restricted the scope of civil legal aid, meaning that fewer people are now eligible for legal aid in cases such as family law, immigration, welfare benefits, and housing. The reforms introduced stricter financial eligibility criteria and limited the types of cases for which legal aid funding is available.
Introduction of Means Testing: LASPO introduced means testing for legal aid in civil cases, which assesses individuals’ financial eligibility based on their income and assets. This means that even those who may have previously qualified for legal aid may no longer be eligible under the new criteria.
Removal of Funding for Some Types of Cases: LASPO removed legal aid funding for certain types of cases altogether, including most private family law cases such as divorce and child custody disputes, unless there is evidence of domestic violence or child abuse.
Expansion of Alternative Dispute Resolution (ADR): The reforms encouraged the use of alternative dispute resolution methods, such as mediation and arbitration, as alternatives to resolving disputes outside of the court system. This was seen as a cost-saving measure and aimed to promote quicker and more amicable resolutions to legal issues.
Changes to Conditional Fee Agreements (CFAs): LASPO introduced changes to the rules governing conditional fee agreements, also known as “no win, no fee” arrangements, in civil cases. These changes included transferring responsibility for paying success fees and insurance premiums from the losing party to the winning party in most cases.
What are the advantages of the AJA 1999 reforms and LASPO reforms?
- Better control over costs – civil cases now fixed budget
- Higher standards of work – only those firms with a contract can provide legal services
- Quality mark – reinforces high standards
- Resources better allocated – the Funding Code channels money into those areas where it is needed.
What are the disadvantages of the AJA 1999 reforms and LASPO reforms?
- Limited access to justice
- Cost cutting - concerns that civil cases will suffer because priority given to criminal cases
- No legal aid for defamationcases – McLibel Two (Steel v UK (2005) )
- Other cases removed from legal aid – business disputes and PI cases
- Problems with conditional fee
agreements such as:
Access to Justice: Sources of funding - Public defenders – are they truly independent? (See research by Cyrus Tata & Others (2004) on success of public defenders in Scotland
- Poorer standards of work
- Huge costs of criminal cases.
What is a conditional fee arrangement
A conditional fee agreement is a funding arrangement between a claimant and their solicitors where the solicitors agrees to act on a ‘no win, no fee’ basis. Under the CFA the solicitor can claim a success fee, which is an agreed percentage over and above their normal costs
What are the advantages of conditional fee agreements and contingency fee agreements?
- Widen access to justice
- Cost to the state – they cost the state nothing
- They encourage solicitors to perform better
- Widen coverage – defamation and tribunal cases allowed to use a conditional fee agreement
- Requirement for insurance
- Very popular with the public.
What are the disadvantages of conditional fee agreements and contingency fee agreements?
- High risk / uncertain cases may not be taken on
- Claimants have been misled
- Requirement for insurance - Pressure from insurance companies to settle
- Financial involvement of lawyers – is this a good thing?
What are other sources of legal funding:
- Citizens’ Advice Bureaux – A free, confidential, impartial and independent service available to the public on the High Street. They offer advice by telephone, face to face, email and home visits.
- Law Centres – Law Centres work within the community and specialise in social welfare. They employ solicitors who offer free legal advice and representation.
- Pro Bono Work – This is where lawyers act free of charge for clients. It is a registered charity for people who do not qualify for legal aid but can’t afford to pay for their legal costs.
- Trade Unions – Membership of a trade union will often include legal advice as part of the monthly subscription.
How could the system of legal aid be reformed?
One-stop shops in doctors’ surgeries, community centres
* A National legal service – similar to the NHS
* Encourage use of ADR
* Introduction of no-fault compensation and class actions
EXAM QUESTION 15 mark question
importance of conditional fee arrangement
Explain what conditional fee agreement is - no win no fee
Advantages
Disadvantages
Conclusion
Explain the different funding sources of available in justice in England and Wales
Explain what legal aid is
Briefly touch on AJA 1999
LAPSO 2012
Go through the different types of funding
