15 - The legal system : Access to justice and funding Flashcards
aim of acsess to judtcie and funding
to ensure that the wealth or status of a person doesnt bar them from acessing legal servicessuch as defending themsleves or bringing action
sources of legal advice
- charities
- helplines
- Citizens advice
- trade unions
- law centres
examples of private funding
own resources
insurance
CFA’s
own resources
private funding
pay for legal services themselves . using their own resources to pay legal fees or raising funds via loan or remortaging a home
insurance
people may take out insurance to pay for court costs
there are two types -
* before the event - in anticipation of fighting or defendning a case
* after the event - to insure against losing a case and having to pay the other sides costs as well as damages
CFAs
‘no win, no fee’ arrangments’
introudces an alternative way of funding a civil case
client only pays if they win
advantages of Conditional fee agreements
- they offer a further alternativeto private funding of a case
- widely available
- no payment up front in advane to begin a case
- insurance can be taken out to compensate for any losses
disadvantages of conditional fee agreements
- there is a degree of ‘cherry-picking’ with solicitors of those cases that are likely to win
- may casuee lawyers to win at all costs, even acting unfairly
- generally more costly to cover the risk of losing the case
establishemnt of Legal aid
legal aid, sentencing and punishment of offenders act 2012
role of legal aid agency:
- funds the civil legal advice service
- publishes evidence about the decisions made on whether or not to fund a case
- runs the public defender service
- ensures that legal aid services from solicitors, barristers are available to the general public
civil legal advice service
provides free and confidential advice in civil law matters such as debt, housing and domestic abuse
Public defender service
provides:
* a range of services within the criminal defence market
* free representation of defendantsfrom the police station through to the courts
* free advice and assistance when a person is under arrest
* an advocacy service with acsess to 25 advocates
advantages of legal aid
funing cases for those with low income
fundamental rigght to the agency’s services as a part of the welfare state in england and wales
allows fairer acsess to justice
disadvantages of legal aid
- very strict means test
- less attractive to qualified solicitors as fee rates are lower
- penalises those in employment who have to contribute or are refused legal aid because of modrate in high wages
