access to justice and funding Flashcards
what are the four free sources of legal advice?
-helplines - telephone or online to a qualified operator, eg disability law service
-citizens advice - town-based, provides general advice face to face, online, or via phone
-law centres - free advice from solicitors
-trade unions - specific targeted advice on trade union issues, eg national union of teachers
what are the forms of private funding?
-own resources
-insurance
-conditional fee agreements
what is meant by own resources?
-pay via a loan or remortgaging a home in some cases, can defer people from going to court
what is meant by insurance?
-taken out in anticipation of court cases
-two types
1-‘before the event’ - anticipation of fighting/defending a case
2-‘after the event’ - insure against losing and having to pay other sides costs and damages
-eg householder insurance, motor insurance
(some CFA’s require insurance)
what are conditional fee agreements?
-‘no win no fee’ (civil cases)
-agreement struck that the solicitors payment comes from the compensation, as well as a ‘success fee’
(used to be that the success fee had to be paid by opposing party, but this was stopped in 2013)
what are the advantages of conditional fee agreements?
-remove anxiety of huge costs
-any deductions are set at 25%
-insurance can compensate
-widely available
-no upfront payment to begin the case
disadvantages of conditional fee agreements
-solicitors charge a higher fee to cover losses
-court costs may still need to be paid
-some firms are contracted to take on certain publicly funded cases, limiting availability
-encourages cherry picking solicitors
-lawyers might use unjust tactics to win
-generally insist on insurance, which some can’t afford
what is the legal aid agency?
-provide criminal and civil legal aid and advice
-fund the civil legal advice service
-publish statistical evidence on whether or not to fund a case
-ensure legal aid is available to the general public
what is the civil legal advice service?
-provides free and confidential advice in civil law matters
-eg debt, housing, DV
-merit tested via that gov.uk website
advantages of civil legal advice service
-funding of cases for low/no income
-fundamental right to the services as part of the welfare state
-stepped contribution process, allowing fairer justice
disadvantages of civil legal advice service
-penalises those in employment who are refused legal aid
-strict means test
-funding is capped by the gov, meaning criminal cases are taking priority
-less attractive to qualified solicitors bcs fee rates are lower
-unavailable for employment tribunal cases
-quick entry to the profession for inexperienced solicitors
