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Law (Paper 1) > Legal Funding And Advice Agencies (A01) > Flashcards

Legal Funding And Advice Agencies (A01) Flashcards

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1
Q

What are 3 main difficulties in seeking legal advice

A
  • Lack of knowledge
  • Fear of dealing with lawyer
  • Cost
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2
Q

What did Mr justice Darling state about the legal system?

A

“The law courts of England are open to all men like the doors of the Ritz hotel.”

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3
Q

What act does legal fall under?

A

LASPO 2012

Legal aid, sentencing and punishment of offenders

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4
Q

Who deals with all legal aid issues?

A

By the Legal aid agency operated by ministry of justice

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5
Q

Who are the decisions of LA (legal aid) handled by?

A

Director of legal aid casework and his team

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6
Q

What had happened to granted legal aid since 2015-2016?

A

It’s fallen by half overall and declined by 18% since 2015-2016

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7
Q

What is available 24 hours a day through government franchised firms?

A

Duty solicitor scheme

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8
Q

What does LASPO stats about duty solicitors?

A

“Initial advice and assistance are to be available to an individual who is arrested and held in custody at a police station.”

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9
Q

How much advice was given to suspects in 2016?

A

Over 650k

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10
Q

How can advice be given

A

Either face to face or over the phone -

Preferable as easier than a duty solicitor being at police station

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11
Q

What has happened since 2004 concerning solicitors?

A

Only advise via telephone unless proven to “materially progress the case.”

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12
Q

Who does LAA make contracts with and why?

A

Contracts with law firms to provide legal services.

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13
Q

What do legal services provide initially?

A

Advice and preparatory work and help with applications for legal representation.

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14
Q

What have criminal aid services been under since 2013?

A

Legal aid agency in the ministry of justice

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15
Q

What must a defendant do in order to qualify for representation?

A

Has to show he comes within one of the 5 interests of justice

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16
Q

What are the 5 interests of justice in the test? CRIMINAL!!!

A
  1. Individual would likely loose their liberty/livelihood or suffer damage to reputation
  2. if case involves point of law
  3. if individual is unable to understand proceedings in court
  4. if case involves training interviewing or expert cross examination of witnesses
  5. If it’s in the interest of another person that the individual is represented (eg. Rape cases)
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17
Q

What is the first of the 5 interests of justice?

A

The individual would be likely to loose their liberty or livelihood and suffer damage to their reputation

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18
Q

What’s the second of the 5 interests of justice

A

The case involves a point of law

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19
Q

What’s the 3rd in interest of justice testing?

A

If individual is unable to understand the proceedings in court

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20
Q

4th?

A

If the case involves training,interviewing or expert cross examination of witnesses

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21
Q

5th?

A

If it’s in the interest of another person that the individual is represented

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22
Q

what is the main difference between means testing in crown courts vs mag?

A

theres no upper limit on disposable income so most people can recieve legal aid

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23
Q

who is legal aid free for in crown courts?

A

those on a low income (significantly below 37.5k)

24
Q

in Crown court what would those on a higher income have to pay? (gross income of 37.5k or less)

A

would have to contribute towards legal funding, the higher the icnome the more you pay.

25
Q

in crown court who wouldnt be eligble for legal aid?

A

anyone with a gross yearly income of over 37.5k would have to pay for their own legal representation.

26
Q

who is likely to recieve a refund of contributions toward legal aid/ who would have to pay more?

A

someone found not guilty vs someone who was found guilty.

27
Q

PRIVATE legal representation

A

defendants can find private legal rep and paying all costs involved.
consulting a solicitor can cost around $150 and big boi london solicitors can cost up to a grand an hour.

28
Q

What are the two forms of government funded advice in civil cases?

A
  1. Help lines eg. (CLA) civil legal advice

2. help in civil cases eg. legal aid agency

29
Q

why would someone call the CLA for legal advice?

A
  • debt if home is at risk
  • domestic abuse
  • family issues eg if child has been taken into care
  • special eduction needs.
30
Q

how many people rang CLA between 2015-2016?

A

over 160,000 people

31
Q

who does the legal aid agency have contracts with in order to give out free advice (exclusively) to people on lower income?

A

law firms and non profit organsisations such as citizens advice office.

32
Q

what advice agencies are there available for civil cases?

A

shelter (for housing problems) and citizens advice bereaux (general free advice to anyone on issues connectd to social welfare issues)

33
Q

when was citizens advice bureaux set up and where

A

in 1939 with over 2500 locations currently in the uk.

34
Q

CABx key facts

A

in 2014-15 2.5 million people were given free advice

48% face to face, 45% over telephone and 7% online or thru emails

35
Q

what are CABx 5 main areas of advice

A 
benefits 
doubt 
housing
employment 
customer issues
36
Q

what are the 3 types of civil advice?

A

help lines
help in civil cases
advice agencies

37
Q

what are the different advice agencies?

A 
shelter (housing issues)
CABx
Law centers 
trade unions
schemes run by lawyers
38
Q

what do law centers do?

A

offer free legal service to people in area, in areas where there are few solicitors.
in 2016 there were 44 however many closed due to lack of funding (some get some from national lottery fund)

39
Q

what do trade unions do?

A

free legal advice to members for work related problems, may offer free advice such as personal injury claims.
eg unite does. theres a teachers trade union also

40
Q

what do schemes run by lawyers involve?

A

some solicotrs offer a free first interview for half an hour
volunteer barristers have staffed pro bono unit since 1996 to give free advice to those who cant afford legal aid
give advice and can represent in court

41
Q

what does s.10 (3) of laspo set out?

A

gives lord chancellor power to set criteria for legal aid and s.10 (3) sets out factors the lord chancellor has to consider when setting criteria

42
Q

what does laspo state about legal aid for civil cases?

A

not avialable for civil cases unless specifically mentioned in act eg childrens rights and liberty of an individual.

43
Q

what is the only financial reason someone would get funding for civil cases?

A

if they can show they dont have enough money to pay for a lawyer

44
Q

how is it decided whether someone should recieve legal aid in civil cases?

A

means test for:
Gross income
disposable income
disposable capital

45
Q

who is automatically eligble for legal aid in civil cases?

A

people recieving income support or job sekkers allowance

46
Q

what is gross income?

A

amount someone earns a year, before tax. if over a set amount per month then they dont qualify

47
Q

what is disposable income

A

money you dont need to survive minus tax, insurance housing or childcare costs. following criteria is the same as criminal. (but not same amount)

48
Q

What is disposable capital?

A

things you might own eg stocks and shares, savings and jewelerry/house

49
Q

private for civil

A

if someone doesnt quailfy for legal aid they can gain representation privately by hiring own solicitor and paying costs involved.

50
Q

how else can someone potentially pay legal cost for civil cases?

A

most car insurance policies will help w legal costs

also theres ‘before the event’ insurance which is taken out before a claim.

51
Q

when can conditional fee agreements be used?

A

all civil cases except family cases

52
Q

what are conditional fee agreements governed by?

A

S.44 of laspo

CFAO 2012

53
Q

what will most solicitors include in CFA?

A

a cap on a success fee which means cat be more than 25% of dmages won or more than 100% of OG fee.

54
Q

what does client pay if the trial is lost (CFA)

A

they pay nothing “no win, no fee!” although still may have to pay a lower level fee

55
Q

what is after the event insurance and when is it used?

A

can be taken out at beginning of the case and protects against having to pay the other sides costs if they loose as insurance company will pay.

56
Q

need of CFA

A

main problem of civil case is cost, dont know how long case will last and fees often escalate, especially if having to pay other sides costs. in order to partially overcome this CFA agreements can be made .

Law (Paper 1) (13 decks)

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