legal funding

Question 2

Describe the government funding of civil cases

Question 3

Describe the government funding of criminal cases

Answer 3

Legal Aid Agency is in control of legal aid in criminal cases

The agency makes contracts with providers to provide legal services to people charged with criminal offences

In Custody - Access to a duty solicitor or telephone advice (telephone advice more common nowadays)

To get legal funding your case must come within one of the “interests of justice factors” e.g. likely to lose your liberty

Magistrates – strict means test, children automatically qualify. Considers disposable income and capital. ¾ adults do not qualify

Crown Court – means test but no upper limit on disposable
income, more you earn the more you will have to pay

Question 4

Explain private funding

Answer 4

Anyone who can afford it can pay for legal advice from a solicitor and/or barrister

Law firms exist in most towns and specialise in all different areas

Consulting a solicitor can be expensive

• Average cost outside of London is £150 an hour
• In London can be up to £1000 an hour

You can go to a barrister straight away through Direct Access and avoid the
need for a solicitor and this can be much cheaper

Question 5

Explain conditional fees

Answer 5

A solicitor can enter into a written Conditional Fee Agreement (CFA) with their client in many types of civil cases, particularly in personal injury claims

They cannot be used in family or criminal cases

Question 6

Explain other advice agencies