alternative sources of legal advice Flashcards
what are the 4 main alternative sources of legal advice?
-helplines
-citizens advice
-law centres
-trade unions
what are helplines?
via telephone or online access direct to an operator qualified to provide advice, for example the RAC/AA
what is citizens advice?
town-centre-based legal advice agency providing general legal advice, either face-to-face, via telephone or online
what are law centres?
free access to legal advice from solicitors
what are trade unions?
specific, targeted advice on issues relevant to the trade union (generally employment)
what sources of legal advice are available with private funding?
-own resources (finding help yourself)
-insurance (2 types; ‘before the event’ to defend a case, and ‘after the event’ to cover compensation, eg household insurance. some conditional fee agreements insist on insurance)
-conditional fee agreements
what are conditional fee agreements?
-alternative way to privately fund a civil case, where the client only pays the solicitor’s fees if they win
-agreement that you pay the solicitor from the cost of the compensation, as well as a ‘success fee’
what are the advantages of conditional fee agreements?
-they offer an alternative to private funding of a case
-they remove anxiety of huge costs
-any deduction of costs are set at 25%
-insurance can be taken out to compensate losses
-widely available
-no upfront / in advance payment
what are the disadvantage of conditional fee agreements?
-solicitors generally charge a higher fee to cover the risk of losing the case
-court costs may still need to be paid
-certain firms are only allowed to take on certain publicly funded cases, limiting access
-encourages ‘cherry-picking’ solicitors that are more likely to win
-lawyers might use tactics to win at all costs that aren’t acceptable
-lawyers generally insist on taking out insurance, precluding poorer clients
what is the role of the lega aid agency?
-ensure legal aid services are available to the general public
-fund the civil legal advice service
-publish statistical evidence about the decisions made on whether or not to fund a case
-run the public defender service for criminal cases
what are the 2 publically funded services?
-the civil legal advice service
-public defender service
what is the role of the civil legal advice service?
provide free and confidential advice in civil law matters such as debt, housing and domestic abuse
what is the role of the public defender service?
-provides a range of services within the criminal defence market
-provides free, full representation of defendants from the police station to all courts (even appeal)
-provides free advice and assistance when someone is under arrest
-provides an advocacy service with access to 25 advocates, including 7 QCs
advantages of public funded services?
-funding of cases for those on low/no income
-fundamental right to the agency’s services as part of the welfare state
-a stepped contribution process, allowing fairer access to justice
disadvantages of publically funded services?
-penalises those in employment who have to contribute or are refused legal aid
-very strict means test
-funding is capped by government, typically resulting in criminal funding taking priority over civil due to potential loss of liberty
-less attractive to qualified solicitors as fee rates are lower
-civil legal aid is unavailable for employment tribunal cases
