law- acess to justice and funding Flashcards
what is access to justice?
Access to justice involves an open system of justice and funds the cost of a case.
what are the sources of legal advice?
the sources of legal advice are:
helplines
citizens advice bureaux
law centres
trade unions
schemes run by lawyers
Helplines
Helplines help with problems such as :
- debt if your home is at risk
-housing if u are at risk of being evicted or homelessness.
-domestic abuse
-family issues
-discrimination
citizens advice bureaux
areas that they help in are:
-entitlement to benefits
-debt problems
-consumer issues
-housing issues
-employment issues
law centres
offer a free non meaning test in there local area
They aim to provide legal advice for free
They have struggles with secure funding, meaning local authorities in budget have meant the withdrawal of funding from this source.
Due to these issues many have been closed.
Trade unions
offers free legal advice for all work related problems. they may offer it for personal injury cases as well.
Scheme run by lawyers
some solicitors offer a free half hour first interview.
related to criminal cases: anyone held a suspect at a police station has the right to free legal advice.
there is a duty solicitor scheme available 24 hrs a day.
conditional fee agreement
“no win no fee”
if the case is lost the client pays nothing.
some solicitors may wish to charge a lower fee even if they lost the case.
if they win the case the client has to pay a normal fee and the success fee.
the success fee is up to 100% of the normal fee.
however, there is a cap on the success fee if the case considers personal injury rather than the 25% it considers the damages that have happened.
public funding in criminal cases
It is given to people who do not have enough money to get a lawyer, if their case is serious enough to need legal help.
- in order to get free represtation at court for a criminal case the defendant has to qualify under the ‘interests of justice’ test under one of the five factors.
interests in justice
-when the individual is likely to lose their liberty or suffer serious damage to their reputation
- the case involves consideration of a point of law
- the individual is unable to understand the proceedings in court or state their own case.
- the case involves interviewing a witness.
- it is in the interest of another person that the individual be represented.
magistrates court
there is strict means text in the magistrates court.
It is described as an in or out scheme.
where applicants are eligible for legal aid.
The other one is ineligible because they fail the initial of the means test therefore expected to pay for legal representation
privately.
those who are on income support at age 18 or in full time education they automatically pass the means test.
