Legal Aid

Question 1

What is legal aid?

Answer 1

Legal aid is a system where those who are eligible can have some or all of their legal fees paid from public funds. It is primarily governed by the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

Question 2

Who administers the legal aid scheme?

Answer 2

The Legal Aid Agency, an executive agency of the Ministry of Justice, administers the legal aid scheme.

Question 3

What must a solicitor firm have to carry out legal aid work?

Answer 3

A firm of solicitors must have a contract with the Legal Aid Agency that covers the relevant type of work. They are also subject to annual audits by the Legal Aid Agency.

Question 4

Can a firm refuse legal aid work even with a contract?

Answer 4

Yes, a firm can decline to act under the legal aid scheme if it is considered unremunerative, unless it’s under the duty solicitor scheme.

Question 5

What duty does a solicitor have regarding legal aid eligibility?

Answer 5

A solicitor must consider whether a client might be eligible for legal aid from the outset of a case and advise them accordingly.

Question 6

What are a solicitor’s duties when acting for a client receiving legal aid?

Answer 6

The solicitor must inform the court and other parties about the client’s legal aid. They also have duties to the Legal Aid Agency, such as reporting unreasonable client behavior or inaccurate information. The duty to the Legal Aid Agency overrides the solicitor’s duty of confidentiality to the client.

Question 7

How are solicitors paid for legal aid work?

Answer 7

Solicitors receive set levels of remuneration from the Legal Aid Agency, which are usually lower than private client fees.

Question 8

What are the two main categories of civil legal aid?

Answer 8

Controlled work and licensed work. With controlled work, the solicitor determines eligibility, while licensed work is authorized by the Legal Aid Agency

Question 9

What are the three forms of civil legal services?

Answer 9

Legal Help, Help at Court, and Legal Representation

Question 10

What does Legal Help cover?

Answer 10

Basic advice and limited steps following that advice, such as drafting a letter. It does not extend to issuing court proceedings.

Question 11

What does Help at Court cover?

Answer 11

Advice and assistance, including advocacy, related to a particular hearing rather than general representation.

Question 12

What does Legal Representation cover?

Answer 12

Conduct of the client’s case, including representation before the court, requiring a legal aid certificate. It can be granted on an investigative or full basis.

Question 13

When can legal representation be obtained on an emergency basis?

Answer 13

When a client is in urgent need of legal advice, such as facing imminent homelessness or domestic violence.

Question 14

What are some areas where civil legal aid is NOT available?

Answer 14

Negligence claims for personal injury, divorce, family disputes about children, matters arising out of a business, and cases that could be funded by a Conditional Fee Arrangement are generally excluded.

Question 15

When can legal aid be obtained even if it is normally outside the scope?

Answer 15

If the circumstances are ‘exceptional’ and where the Legal Aid Agency is satisfied that refusal would be a breach of the client’s human rights.

Question 16

What is the ‘sufficient benefit test’?

Answer 16

A test for Legal Help and Help at Court where legal aid is only available if there is sufficient benefit to the client to justify the work being carried out.

Question 17

What is the merits test for Legal Representation?

Answer 17

Legal Representation will usually not be granted if the prospects of success are assessed at less than 50%. It also involves a balancing of likely costs against the benefits for the client or a ‘reasonable privately paying client test’.

Question 18

What is the capital limit for civil legal aid?

Answer 18

The capital limit for civil legal aid is £8,000 (£3,000 for immigration cases).

Question 19

How does income affect civil legal aid eligibility?

Answer 19

Clients receiving certain welfare benefits automatically qualify for legal aid based on income. Otherwise, the client’s gross monthly income must be £2,567 or less and disposable income must be less than £733.

Question 20

What is the statutory charge?

Answer 20

If a client benefits financially from a case, any money or property they receive can be used to repay the solicitor’s fees.

Question 21

What free legal advice is available at the police station?

Answer 21

Anyone attending a police station is entitled to free legal advice, irrespective of their means, under the Police Station Advice and Assistance Scheme.

Question 22

What is the duty solicitor scheme?

Answer 22

A scheme where solicitors on a rota attend magistrates’ courts and police stations to advise anyone who does not have their own solicitor.

Question 23

What two tests are required for criminal legal aid?

Answer 23

The client must demonstrate that both the merits of the case (the interests of justice test) and their own financial means are such as to justify public funding.

Question 24

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

Answer 24

A test that considers factors such as risk of losing liberty or livelihood, whether a substantial question of law is involved, ability to understand proceedings and the need for witness examination. It is automatically met for those under 18 and in Crown Court trials.

Question 25

How does income affect criminal legal aid eligibility?

Answer 25

Clients under 18 or receiving certain welfare benefits are exempt from the means test. Other clients’ adjusted income is assessed. Those with an income of £12,475 or less are eligible. A full means test is conducted for those with higher incomes.

Question 26

What is a representation order in criminal cases?

Answer 26

Confirmation that a solicitor can start incurring costs on the client’s behalf, which will be covered under the legal aid scheme.