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OCR As Law > legal aid > Flashcards

legal aid Flashcards

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1
Q

When you have a legal problem, you want to get advice - usually from a lawyer. There are usually 3 difficulties, these are…

A
  • Lack of knowledge - finding the right solicitor, knowing what they specialise in.
  • Fear of lawyers - it can be intimidating
  • Cost - all solicitors charge about £150 per hour for routine advice & it can be a lot more from a big city firm.
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2
Q

whys it important that people can access legal funding and advice?

A

if a person can’t get the help they need access to justice is being denied!
THIS MAY NOT SIT WELL WITH THE RULE OF LAW

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3
Q

LASPO stands for…

A

Legal Aid, Sentencing and Punishment of Offenders Act 2012

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4
Q

In 2012 the government decided to bring legal aid (for civil & criminal) under the control of the Ministry of Justice. This resulted in …

A

LASPO

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5
Q

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO) set up…

A

The Legal Aid Agency

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6
Q

The Legal Aid agency is responsible for…

A

ensuring that legal aid & services are provided by solicitors & barristers.

They fund the Civil Legal Advice Service & they run the Public Defender Service which offers services for criminal defendants

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7
Q

Under LASPO there are various services available such as :

A

• Legal help can consist of giving people advice
• Legal representation is also available for some cases.

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8
Q

The Civil Legal Advice Service (CLA) provides…

A

advice in civil cases.
- They offer advice on the phone.

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9
Q

Typical examples of cases that the CLA deals with includes:

A
  • debt
  • domestic abuse
  • special needs education for your children
  • discrimination
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10
Q

OTHER ways to get civil legal advice…

A
  • Some firms of solicitors offer a free 30 minute session (too short really).
  • Many firms of solicitors offer a conditional fee arrangement i.e no win, no fee. This is problematic
  • The public does have direct access to barristers for advice but not in crime Citizens Advice Bureau - most towns have one
  • Law Centres
  • FRU - free representation units staffed by volunteers, students
  • Pro Bono - only in London & run by barristers
  • Some insurance companies eg in the event of a car crash
  • WHICH magazine sometimes offers advice
  • The Internet - you can look things up
  • Trade Unions like NEU
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11
Q

when will someone be granted civil legal aid?

A
  • The claimant will have to pass a MEANS & MERITS test.
  • The means test looks at both income (salary) & capital (assets). It also considers the partners finances.
  • The merits test looks at the reason for taking action & the chances of success. Is the case likely to win? How important is the matter to the individual?
  • Only certain types of claims are able to be funded by civil legal aid. These include repossession of a property, homelessness, asylum & immigration cases or protection from violence or harassment.
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12
Q

If civil legal aid is granted, what is included with it?

A

If civil legal aid is granted, this will pay for advice, assistance & legal representation by a lawyer.

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13
Q

Criminal Legal Aid services come under the…

A

Legal Aid Agency.
- The Agency enters into contracts with legal firms to provide legal services to people charged with criminal offences.

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14
Q

advice at the police station…

A

If you are held at a police station, you get free legal advice.
- It is preferable for the solicitor to attend the station rather than give advice on the phone.
- This is not means tested

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15
Q

Following a criminal charge what does the defendant need to pass to get legal aid?

A

A defendant needs to pass a merits & means test in order to receive legal aid for advice & assistance from a solicitor or barrister.

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16
Q

The means test will look at…

A

the defendants income & capital.
- The partners finances will also be considered.
- If you are on benefits you automatically qualify.

17
Q

The merits test considers…

A

the merits of the case and whether legal aid should be granted eg previous convictions, risk of prison, nature of the offence, damage to your reputation & liberty.
- The more serious the charge or possible consequences, the more likely you are to get it.
- You are more likely to get it if you are a repeat offender as you are more likely to get a harsher sentence

18
Q

PRIVATE FUNDNG OF CASES…

A
  • You can pay for your own solicitor or barrister
  • Insurance: You can fund cases by insurance e.g motor insurance offers this.
19
Q

Conditional fee agreements (no win=no fee) can be used in…

A

all civil cases except family and is commonly used in personal injury cases.

  • The solicitor & client agree on the fee that would normally be charged for such a case.
  • The agreement will also set out his fee if he wins the case.
  • Most agreements work on the idea that if you lose, you pay nothing “no win, no fee”
20
Q

Success fee…

A

This will normally be capped which prevents it from being more than 25% of the damages that the client wins as compensation.
- This prevents the client from having to pay more than he won as compensation.
- Even so, it can mean that the client is left with very little of his damages.

21
Q

Are conditional fees working?

A
  • Low value cases are not attractive to lawyers who are looking to make a profit. They would normally consider if the case has a 75% chance of success.
  • After LASPO, conditional fees are less attractive because the cost of after the event insurance can no longer be claimed back from the defendant by a claimant who wins the case.
  • Success fees can also no longer be claimable from the defendant by a claimant who wins the case.
22
Q

Citizens Advice Bureaux

A
  • They give general advice on a variety of issues, eg consumer, benefits, housing, employment issues.
  • Some have arrangements where solicitors attend the bureau once a week to give more qualified advice.
  • Their main areas of advice are debt, housing issues, employment issues.
23
Q

Law Centres

A
  • These offer a free, non means tested service to people in their area.
  • Their aim is to provide free legal advice in areas where there are few solicitors. Many of the clients are disadvantaged.
  • There are approx. just 41 Law Centres across the country & they are finding it hard to get funding.
  • Most have a qualified solicitor working fulltime supported by volunteers.
24
Q

Trade Unions

A
  • They offer free legal advice to members e.g NUT for teachers.
  • It is normally connected to a work related matter but members have to pay subscriptions in order to get the advice
25
Q

Schemes run by lawyers

A
  • Some solicitors offer a free 30 mins first interview
  • This might be useful but is really too short especially if the matter is complicated.
26
Q

Pro Bono unit

A
  • Volunteer barristers have staffed the Bar Pro Bono Unit.
  • It is situated in London & gives free advice to those who cannot afford to pay & who can’t get legal aid.
  • They offer advice & sometimes represent the client in court.
  • However, this is a small scheme & only exists in London.
27
Q

FRU

A

Free representation units run by volunteers

28
Q

Charities

A
  • Many charities offer some sort of free specialist advice in their area of work.
  • They employ either trained advisers or volunteers.
  • Shelter offers a helpline, face to face advice on homelessness, eviction, housing benefit.
29
Q

EVALUATION OF ADVICE AGENCIES…

A
  • The most useful is the Citizens Advice agency. It deals with a large number of cases & they exist in most towns. They only deal with limited areas of law BUT these tend to affect the most vulnerable in society. They can refer people to solicitors for advice but if the matter needs to go to court the person has to find their own funds.
30
Q

EVALUATION OF CIVIL LEGAL FUNDING…
advantages

A

The positive point is that there are many different ways in which you can obtain legal advice & assistance in a civil case.

  • You don’t have to rely exclusively on lawyers.
  • Many sources of free or cheap advice are actually more knowledgeable than solicitors in their own area
    e.g SHELTER or WHICH magazine but usually there will be a limit to how much they will help you.
  • conditional fees
31
Q

EVALUATION OF CIVIL LEGAL FUNDING…
disadvantages

A
  • If you use your own money you can choose the lawyer you want to represent you but it becomes very expensive
  • It is EXTREMELY difficult to get funding for civil cases. Very few cases qualify for it.
  • With conditional fees, you are only likely to be accepted by a solicitor if the case is highly likely to win. You will have to pay the success fee to the lawyer so your damages are reduced.
  • The amount of money being allocated to legal aid by the Gov has greatly diminished.
  • Personal injury is completely excluded from legal funding. One has to try to come to a conditional fee arrangement.
  • Because of all the Gov cuts, some people have no choice but to represent themselves.
32
Q

EVALUATION OF CRIMINAL CASES
advantages

A
  • It is positive that you get free advice at police stations.
  • If a person is charged with a serious criminal offence which might threaten their liberty or reputation they may well qualify for legal representation.
33
Q

EVALUATION OF CRIMINAL CASES
disadvantages

A
  • The budget for criminal legal aid has been massively reduced so there is less money available, yet there has not been a corresponding drop in criminal cases.
  • There are not enough legal service providers which has led to the phrase Advice Deserts.
  • Many solicitors find the rates of pay so low ( they have been capped by the Government) that it is not economically viable for them to continue.
  • The number of law firms doing legal aid work has decreased this century.

OCR As Law (24 decks)

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