legal aid

Question 1

What is required for a firm of solicitors to carry out legal aid work?

Answer 1

A firm must have a contract with the Legal Aid Agency covering the type of work relevant to the client’s case, such as criminal defence, care proceedings, or immigration.

Question 2

What happens if a firm has a contract with the Legal Aid Agency?

Answer 2

The firm is subject to an annual audit by the Legal Aid Agency to ensure proper case management and file handling.

Question 3

Does having a contract with the Legal Aid Agency obligate a firm to accept legal aid work from clients?

Answer 3

No, even with a contract, the firm is not required to accept instructions if the case is considered unremunerative or unsuitable. The firm may decline to act.

Question 4

If a solicitor declines to take on legal aid work, what should they do?

Answer 4

The solicitor should advise the client to seek legal advice elsewhere and inform them of their potential entitlement to legal aid.

Question 5

What overrides the solicitor’s duty of confidentiality when working with legal aid clients?

Answer 5

The duty to inform the Legal Aid Agency of any unreasonable client actions or misleading information overrides the usual duty of confidentiality to the client.

Question 6

What are the two categories of civil legal aid?

Answer 6

Civil legal aid falls into two categories:
1. controlled work
2. licensed work.

Controlled work - it is for the solicitor to determine the client’s eligibility

licensed work is authorised by the Legal Aid Agency on a case by case basis.

Question 7

What are the three forms of civil services available under legal aid?

Answer 7

1.Legal Help
2.Help at Court
3.Legal Representation

Question 8

What is Legal Help in the context of civil legal aid?

Answer 8

Legal Help provides basic advice and limited steps, such as drafting a letter or obtaining information. It does not extend to issuing court proceedings. Legal Help is controlled work.

Question 9

What does Help at Court cover?

Answer 9

Help at Court covers advice, assistance, and advocacy for specific hearings. It is used when the client needs help during a hearing but does not need representation for the entire case. Help at Court is controlled work.

Question 10

What is Legal Representation in civil legal aid?

Answer 10

Legal Representation covers the conduct of a client’s case, including representation before the court. It is available for clients who are parties to proceedings or considering starting proceedings. Legal Representation is licensed work and requires an application to the Legal Aid Agency.

Question 11

What are the two types of Legal Representation available?

Answer 11

1.Investigative representation - covers the solicitor’s work in assessing the strength of the case

2.Full representation - covers the issuing and conduct of the proceedings, including advocacy at the
final hearing

Question 12

Can Legal Representation be obtained on an emergency basis?

Answer 12

Yes, Legal Representation can be granted on an emergency basis for urgent situations, such as facing imminent homelessness or being under threat of domestic violence.

Question 13

What limitations might the Legal Aid Agency place on a legal aid certificate?

Answer 13

The Legal Aid Agency may limit the scope of representation or set a maximum amount it will pay for legal fees, restricting what can be covered under legal aid

Question 14

What happens if a case requires more work or exceeds the cost limits under legal aid?

Answer 14

The solicitor must apply for an amendment to the certificate or an increase in the costs limitation to continue representing the client.

Question 15

What types of cases are excluded from legal aid?

Answer 15

Negligence claims for personal injury, divorce and family disputes about children are
excluded

Question 16

Which types of cases are typically eligible for legal aid?

Answer 16

Legal aid is available for cases involving homelessness, domestic abuse in family law, discrimination, immigration, and care proceedings.

Question 17

What is the merits test in the context of legal aid?

Answer 17

The merits test evaluates the client’s prospects of success and applies a cost-benefit analysis to determine whether legal aid should be granted for a case

Question 18

What is the ‘sufficient benefit test’ in legal aid?

Answer 18

Legal aid will only be
available if there is a sufficient benefit to the client, having regard to the circumstances of the
case, including the client’s personal circumstances,

Question 19

What is the threshold for Legal Representation in legal aid cases?

Answer 19

Legal Representation is dependent on the client’s prospects of success, which must generally be above 50%.

Question 20

What is the ‘reasonable privately paying client test’ used for in non-monetary cases?

Answer 20

In non-monetary cases, the test checks if the benefits of the case justify the likely costs, ensuring a reasonable client would still want to proceed.

Question 21

What is the means test for legal aid?

Answer 21

The means test evaluates a client’s capital and income (along with their partner’s resources) to determine if they qualify for legal aid. The client must provide full financial details for the assessment.

Question 22

What is the capital limit for civil legal aid?

Answer 22

The capital limit for civil legal aid is £8,000. If the client’s capital exceeds this limit (£3,000 for immigration cases), they do not qualify for legal aid, and income is not considered.

Question 23

Does a client receiving welfare benefits automatically qualify for legal aid?

Answer 23

Yes, clients receiving welfare benefits like universal credit or income support automatically qualify for legal aid based on income, but their capital still needs to be assessed.

Question 24

What is the income limit for legal aid under the means test?

Answer 24

If a client’s gross monthly income exceeds £2,657, they do not qualify for legal aid. BUT - If the client’s gross monthly income is £2,567 or less
the assessment goes on to make certain deduction

Question 25

What is the disposable income limit for legal aid qualification?

Answer 25

Clients qualify for legal aid if their monthly disposable income is less than £733 after deductions based on family circumstances and living expenses.

Question 26

Can a client who qualifies for legal aid still be asked to contribute to their costs?

Answer 26

Yes. If a client’s disposable income is above £315 or capital exceeds £3,000, they may be required to contribute to legal costs. Contributions from income are paid monthly.

Question 27

What happens if a client’s capital or income exceeds certain limits?

Answer 27

If the client’s capital exceeds £8,000 or their gross monthly income exceeds £2,657 (or the specific limits), they do not qualify for legal aid. For licensed work, they may have to pay part of the legal costs.

Question 28

What is the statutory charge in legal aid?

Answer 28

The statutory charge ensures that if the client benefits financially from the case (through money or property), the Legal Aid Agency can recoup the money it has paid for the client’s legal fees.

Question 29

When does the statutory charge arise?

Answer 29

The statutory charge arises when the client has been wholly or partly successful in the case, or has obtained an out-of-court settlement resulting in financial gain or retention of property

Question 30

What is the solicitor’s responsibility regarding the statutory charge?

Answer 30

The solicitor is required to pass any money payable to the client under a court order or out-of-court settlement to the Legal Aid Agency.

Question 31

How is the statutory charge handled if the recovered property is the client’s home?

Answer 31

If the property is the client’s home, the Legal Aid Agency may agree to postpone enforcement of the statutory charge. the statutory charge will be protected by registration
against title to the property

Question 32

Must both tests for civil legal aid by met?

Answer 32

NO - either the merits test or means test can be met - not necessary for both tests to be satisfied.

Question 33

What two tests must a client satisfy to qualify for criminal legal aid?

Answer 33

the client must satisfy BOTH tests:
1. The merits test (interests of justice test )and
2. The means test

Question 34

What is the interests of justice test in criminal legal aid applications?

Answer 34

The interests of justice test assesses whether it is in the client’s best interest to receive public funding for legal representation, considering various factors related to the case.

Question 35

What factors are considered in the interests of justice test?

Answer 35

1. Whether the individual would likely lose their liberty, livelihood, or suffer serious damage to their reputation.
2. Whether the case involves a substantial question of law.
3. Whether the individual may struggle to understand the proceedings or state their case.
4. Whether the proceedings require expert cross-examination of witnesses on the client’s behalf.
5. Whether it is in the interests of another person (e.g., a prosecution witness in a sensitive case) that the individual be represented.

Question 36

Who is automatically entitled to criminal legal aid without needing to satisfy the means test?

Answer 36

Clients who are under 18 OR who receive certain welfare benefits

Question 37

What is the initial process for determining eligibility for criminal legal aid for clients who are not automatically entitled?

Answer 37

Clients must submit details of their financial circumstances. A rudimentary assessment is carried out by dividing the client’s gross annual income by a set figure based on whether they have a partner or children, producing an ‘adjusted income.’

Question 38

What is the annual disposable income threshold for a client to be eligible for criminal legal aid in magistrates’ court cases?

Answer 38

To be eligible for criminal legal aid in magistrates’ court cases, the client must have an annual disposable income of £3,398 or less.

Question 39

How does the disposable income affect eligibility for legal aid in Crown court trials?

Answer 39

For Crown court trials, if a client has a disposable income of more than £3,398 but less than £37,500, the means test may determine that the client can contribute towards their legal fees, either from income or capital. Legal aid will be offered on that basis

Question 40

What is the result of a successful application for criminal legal aid?

Answer 40

The result is that a representation order will be issued and sent to the solicitor, confirming that the solicitor may start incurring legal costs on the client’s behalf under the legal aid scheme.

Question 41

What does the representation order cover in a criminal case?

Answer 41

The representation order covers the costs of conducting the case for the client, and can be extended to cover additional costs, such as those for an appeal.