access to justice and funding Flashcards
(15 cards)
What are the 5 sources of legal advice ?
1) Charity organisations
2) Helplines
3) Citizens Advice Bureau
4) Law centres
5) Trade Unions
What is a charitable organization and example ?
Specific targeted advice on issues relevant to that charity
EG : MIND , Shelter
What is a helpline and an example ?
Telephone or online access direct to an operator qualified to provide advice
EG : RAC / AA , Disability law service
What is Citizens advice bureau and an example ?
Place in town centres that offers general advice face to face or via telephone
EG ; 3500 locations, website
What is a law centre ?
Free access to legal advice from solicitors
EG : 45 locations and a website
What is a trade union and an example ?
Specific targeted advice on issues relèvent to that trade union it is generally on employment issues
EG : National union of teachers
What are the three types of private funding ?
1) own resources
2) insurance
3) conditional fee agreements
Explain own recourses and give 2 disadvantages
Requires citizens to pay for legal services
1) can put people into financial difficulties
2) may prevent people pursuing a case
Explain insurance
Insurance before - taken out due to anticipation of fighting and defending a legal case
Insurance after - insure against losing a case and having to pay other sides cost ASWELL as damages
Explain conditional fee agreements and give two strength and two disadvantages
Client only pays solicitor fees if they win and nothing if they loose
S1) Widely available so people can access justice
S2) No payment needed up front or in advance
D1) Encourages cherry picking by solicitors of those who cases stand a better chance of winning
D2) Solicitor sets higher fee to cover risk of loss
What was created for public funding and when ?
Legal Aid
Sentencing and punishment of offenders act 2012
What is the 2 role of legal aid agency
Ensures legal aid services of solicitor , barrister are available to all general public
Funds civil legal advice service
What is the civil legal advice service ?
Provide free and confidential advice in civil law matters such as debt, housing , domestic abuse
Based on merit on gov website
Advantages of civil legal advice service
1) Funding of cases for those on no income or low income
2) Fairer access to justice for those on low to mid range salaries
Disadvantages of civil legal advice service
1) Penalize those in employment who get refused legal aid due to high wages
2) The means test is strict
3) Funding capped by gov as criminal is favored over civil