Brainscape's Knowledge GenomeTM

Browse over 1 million classes created by top students, professors, publishers, and experts.


See full index

SQE - LEGAL SYSTEM & Admin Law > Funding for Legal Services > Flashcards

Funding for Legal Services Flashcards

You may prefer our related Brainscape-certified flashcards:
MBE flashcards MPRE flashcards Civil Procedure 1L flashcards
1
Q

What are the funding options for legal services (6)

A
  1. Conditional fee agreement
  2. Damages based agreement
  3. Fixed fees
  4. Third party funding
  5. Legal expenses insurance
  6. Legal aid
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

What is a written retainer?

A

Terms and conditions
Contract between solicitor and client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

What should a retainer include?

A

Terms of services
Work to be undertaken and completed
How the work will be charged and paid for

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

What is private funding?

A

C pays fees themselves
Personally responsible
Fees/disbursements
Calculated on hourly rates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

How is time recorded for private costs?

A

In units - 6minutes per unit

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

What do solicitors need to provide to clients about costs?

A

Estimated costs info at the start
Updated throughout if costs change
Open opened
Can be fixed fees

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

What happens if a solicitor deliberately over charges?

A

Breach their professional conduct

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

What are fixed fees?

A

Agreement to complete work for a fixed fee. Cannot be changed at a later date unless client consents

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

What is a conditional fee agreement?

A

Agreement only paid in certain circumstances.
C only liable to pay if c wins case.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

What is the fee payable under a CFA?

A

Success fee plus solicitors costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

What is a success fee?

A

A percentage of a solicitors usual hour rates

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

What can the success fee not charge?

A

Cannot exceed 100% of solicitors charging rate

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

How is a success fee set?

A

According to the risk of the case

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

What is the cap of the success fee in PI cases?

A

25%

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Who is always payable for the success fee?

A

The client

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Under a CFA is a client still liable to pay other sides fee if they lose?

A

Yes

But obviously they don’t pay their costs or success fee!!

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

When are CFAs enforced?

A

The success fee cost in writing

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

If the success fee isn’t in writing what happens?

A

Deemed unenforceable & client does not have to pay the solicitors costs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

What is a damaged based agreement?

A

An agreement that a solicitor will receive payment for the services ONLY if the client is successful and the client obtains damages.
Solicitor chooses percentage and that percentage is used against the damage fee.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

If a clients case is unsuccessful on a damage based agreement would they need to pay their solicitors fees?

A

No

21
Q

If a shortfall is found after the other side has paid their costs under a damage based agreement does the c pay the shortfall?

A

Yea

22
Q

What is the CAP for damage based agreements?

A

50% of damages recovered
25% PI Cases
35% employment cases

23
Q

For damage based agreements to be enforceable what is needed?

A

Must be in writing outline the fee payable and the agreement as to why dba has been set

24
Q

As CFAs & DBA don’t include disbursements or other sides fees what else is available?

A

Legal expense insurance

25
Q

There at two types of legal expense insurance what are they?

A

Before the Event Insurance
&
After the Event Insurance

26
Q

What is before the event insurance?

A

Existing polices with legal expenses included and insurer must accept the claim. Usually have a cap

27
Q

What is after the event insurance?

A

Take out after the event
Can be expensive

28
Q

Third party funding what is it

A

Someone not connected to the proceedings agrees to fund litigation.

29
Q

Who are usually third party funding persons?

A

Trade unions
Litigation funding companies as they get a fee if the case wins (usually for commercial cases)

30
Q

Is legal aid available for civil and criminal cases?

A

Yes

31
Q

Who administers the legal aid scheme?

A

Legal Aid Agency

32
Q

What is the act for legal aid?

A

Legal Aid, Sentencing & Punishment of Offenders Act 2012

33
Q

Do firms need a legal aid contract with the LAA?

A

Yes

34
Q

Civil Legal Aid is classed as two ways what are they?

A

Controlled Work or Licensed Work

35
Q

What are the two controlled legal aid in civil cases?

A

Legal Help - basic advice drafting a letter

Help @ Court - advice and assistance at a court hearing

36
Q

What is licensed work in civil legal aid cases?

A

Legal Representation under a legal aid certificate

37
Q

Who is legal aid available to for civil cases?

A

Client who is a party to proceedings or about to start proceedings

38
Q

What areas do civil legal aid cover:-

A

Some family law if client is v of DV
Care proceedings
Homelessness
Discrimination
Immigration
‘Exceptional’ cases v rare

39
Q

What are the two tests for legal aid in civil cases?

A

Means & Merits Test

40
Q

What is the merits test for controlled work - legal help & help at court?

A

Sufficient benefit test
If there is sufficient benefit to the c taking into account circumstances of case and clients personal circumstances

41
Q

What is the merits test for legal representation (licensed work)?

A

Funding usually refused if prospect is less than 50%

Amount of damages

Would the reasonable client pursue the case if they were privately funding

If alternative funding is available

42
Q

What is the means test for civil legal aid?

A

Capital and income below £8000
£3000 for immigration

Partners income & capital will be assessed

43
Q

What benefits usually satisfy the civil legal aid means test?

A

Universal credit
Income support
Income based JSA
income related ESA
Guarantee credit element of pension credit

44
Q

Civil legal aid eligibility limits?

A

Gross monthly exceeds £2657 will not qualify at all

disposable income deducted and monthly disposal is less than £733 will qualify

Between the two figures has a full eligibility test

Can still be asked to contribute to legal fees

45
Q

What are the two legal aid tests for criminal legal aid?

A

Interests of justice & means test

46
Q

What is the interests of justice test for criminal legal aid?

A

Will c lose their liberty or suffer damage to reputation?
Complex or significant law questions
Cross examination of witnesses
Interests of another person
Some other reason

47
Q

Is the interests of justice automatic in the crown court?

A

Yes

48
Q

What is the means test in criminal legal aid?

A

Anyone who receives benefits or under 18

Adjusted income less than £12475 - Eligible

Between £12475 - £22325 - subject to full means test

Over £22325 - not eligible in Mags Crt
Full means test in crown court

I

SQE - LEGAL SYSTEM & Admin Law (14 decks)

Brainscape helps you reach your goals faster, through stronger study habits.
© 2024 Bold Learning Solutions. Terms and Conditions