Unit 1 - Funding Flashcards
Access to Justice
Where a person cannot get the help they need, they are being denied access to justice. This also includes being able to find the costs of the case.
Sources of Legal Advice
When someone has a legal problem, it is important that they should be able to get help and advice about it. There are different advice schemes available which are free.
Helplines
Civil Legal Advice - provide help via phone. Funded by the government, can help with problems such as debt & housing if the home is at risk and discrimination.
Citizens advice bureau
Government funded scheme offering free general advice to anyone in a variety of issues, particularly social welfare problems such as benefits, employment and housing issues. Civil law.
Law centres
Free, non-means tested legal advice on both civil and criminal law. Provide advice and representation in disadvantaged areas where there are few solicitors. Funded from the national lottery funds and the government.
Trade Unions
Cheap advice, members pay a fee. Help with work related problems such as discrimination or contracts.
Lawyer-run schemes
CABx - some solicitors offer a free 30min interview. Usually civil law.
Bar Pro Bono Unit - mostly criminal law, volunteer barristers offer free legal advice to those who cannot get legal aids and represent clients in court if necessary.
Duty Solicitors
Support those who have been arrested, giving free legal advice 24/7. Government funded, go to police stations to work.
Private funding
Anyone who can afford it can pay for a solicitor/barrister to deal with their legal matter.
Insurance - motor/home insurance provide help with legal fees
Before the event/after the event = no known legal claims (just in case)/the insurance will pay the other side’s costs if they lose - they pay for solicitor costs themselves but can’t pay for the other side’s costs
Conditional Fee Agreements - agreement on how much the solicitor will charge. Only civil cases. Agree a fee and a success fee - may charge more, usually % of their winnings. PI cases are capped at 25%
Public funding for civil cases
Comes from government budget. Not available unless it involves children’s rights/liberty of an individual
Must pass a means test on disposable income (upper = no aid, middle = 50/50, below = complete aid) and disposable capital (not in excess of £8000, may need to make monthly contributions anyway)
Public funding in criminal cases
Must pass 2 tests.
Interest of justice test - must meet at least one of the criteria e.g. likely to lose liberty or livelihood/cause damage to reputation, doesn’t understand how court works
Magistrates means test
