WS4 - Legal Aid

Question 1

Does a solicitor have to accept a client if they are part of the Legal Aid Agency?

Answer 1

• No, they can take a view and decide whether to accept instructions from a client or not.

Question 2

What law firms can use legal aid?

Answer 2

Only firms with a relevant contract with the Legal Aid Agency can carry out legal aid work.

Question 3

What should a solicitor do from the outset of a matter?

Answer 3

Consider whether a client might be eligible for legal aid.

Question 4

What two tests must be satisfied to receive legal aid in a civil context?

Answer 4

1.Means test
* based on their financial eligibility - capital and income
* capital limit is £8000 or £3000 for immigration
* income limit £2,567 (plus any deductions)
* disposable income limit £733

2.Merits test (interests of justice test)

Question 5

When is the ‘income’ part of the means test automatically qualified?

Answer 5

If a client is in the receipt of welfare benefits - universal credit etc.

Remember, that capital also considered and it has to be below £8000

Question 6

What is required to pass the merits test in a civil context?

Answer 6

It must appear that the claim has a good prospect of success -around 50% or more chance

Question 7

What three situations is civil legal aid available in and what two situations is it not?

Answer 7

Availble:
* Housing disputes
* Family issues
* Debt issues

Not available:
* Contract claims
* Tort claims (except for birth defects in children)

Question 8

In what circumstance could legal aid in a civil context be withdrawn?

Answer 8

If there is a change in the merits of the case

Question 9

Can a civil legally aided party be forced to pay the other side’s costs?

Answer 9

No

Question 10

Civil

What is the statutory change?

Answer 10

If the client is
* wholly or partially successful in the proceedings
* or obtained an out-of-court settlement which resulted in the client gaining or keeping money or property

E.g. if the client is awarded damages in the case, any money gained can be used in repayment of solicitor’s fees. Therefore client will have to repay some of their legal fees.

Question 11

What two tests must be satisfied to receive legal aid in a criminal context?

Answer 11

1. Financial eligibilty test (means and full means test)
2. Merits test (interest of justice test)

Question 12

In a criminal legal aid context, in what two situations is the financial eligibility (means) automatically passed?

Answer 12

Applicant is:
1. Under 18s or
2. In receipt of certain welfare benefits

Question 13

In a criminal legal aid context, might an applicant have to contribute to their fees?

Answer 13

Only in the Crown Court.

If their disposable income falls between £3,398 and less than £37,500.

Question 14

What does a client satisfy the means test and full means test in the criminal context (Magistrates court)?

Answer 14

Means test
* £12,475 or less (adjusted income)

Full means test
* more than £12,475 - less than £22,325 (adjusted income)

Not eligible
* £22,325 or more

Question 15

What does a client satisfy the means test and full means test in the criminal context (Crown court)?

Answer 15

Means test
* £12,475 or less (adjusted income)

Full means test
* more than £12,475
* £22,325 and above (adjusted income)

Question 16

What is the full means test?

Answer 16

Takes into account client family circumstances, the deduction of essential expenses e.g. mortgage/rent

In the magistrates court - purpose of the means test is to determine whether the client is elgible for legal aid or not. This is done first before looking at the disposable income.

Question 17

What is required to pass the merits test in a criminal context?

Answer 17

Applicant must show that it is in the interests of justice for them to receive funding

Question 18

In criminal cases in what court automatically satisfy the merits test?

Answer 18

Crown court

Question 19

What is a representation order?

Answer 19

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