ATJ | Govt and Private Funding

Question 1

Who is responsible for the administration of both civil and criminal legal aid in England and Wales ?

Answer 1

The Legal Aid Agency

Question 2

What is the role of the Legal Aid Agency ? (4)

Answer 2

-Make sure that legal aid services provided by solicitors, barristers
-Ensure the “not-for- profit sector” is available to the general public.
-Fund the Civil Legal Advice service.
-Run the Public Defender Service to give a range of services within the criminal defence market.

Question 3

Which two organisations deal specifically with ATJ in civil cases ?

Answer 3

-The Civil Legal Advice (CLA) service
-Civil legal aid

Question 4

What is the role of the “Civil Legal Advice” service ?

Answer 4

-Provides free and specialist initial legal advice to people across England and Wales who qualify for legal aid. It advises on matters such as debt, education, discrimination, housing and family issues.

Question 5

What is the role of “Civil Legal Aid” ?

Answer 5

Provides funding for claimants in certain civil disputes when legal advice, mediation or representation in court is required.

Question 6

In order to obtain aid for ATJ in civil cases what test must be satisfied ?

Answer 6

“The means and merit test”

Question 7

What is the means test in civil ATJ ?

Answer 7

The means test looks at both the claimant’s income and capital and will also look at their partner’s finances unless they have a contrary interest, these figures alter each year.

Question 8

What is the merit test in civil ATJ ?

Answer 8

The merits test looks at the reason for taking the action, and the chance of success. Only certain limited types of claims are able to be funded by civil legal aid, which include “repossession of a property”, “homelessness”, “asylum” and “immigration” cases or protection from violence or harassment.

Question 9

What is the outcome if the “means and merit test” is passed in civil ATJ ?

Answer 9

Civil legal aid is granted, and this will pay for advice, assistance and legal representation by a lawyer.

Question 10

What is the outcome if the “means and merit test” is failed in civil ATJ ?

Answer 10

When the claimant does not qualify for legal aid, or the case they are taking is not within the qualifying types of case, they will have to pay their own legal costs unless they can obtain a “Conditional Fee Agreement”.

Question 11

How does the Legal Aid Agency provide legal aid to individuals ?

Answer 11

The Agency enters into contracts with legal firms to provide legal services to people charged with criminal offences.

Question 12

What are the two circumstances in which the Legal Aid Agency provides legal aid ?

Answer 12

-Advice and assistance for individuals held in custody.
-Advice and assistance for criminal proceedings following charge

Question 13

Which section of what act defines the ruling on legal aid in criminal cases regarding “advice and assistance for individuals held in custody”.

Answer 13

Under s.13 of the “Legal Aid, Sentencing and Punishment of Offenders Act”
(2012).

Question 14

Is legal “advice and assistance for individuals held in custody” means tested ?

Answer 14

The scheme is not means tested, and is granted to anyone who requests legal advice.

Question 15

What is a solicitors role in giving advice and assistance for individuals held in custody ?

Answer 15

-Advice is provided by duty solicitors, usually the telephone at first.
-The duty solicitor decides whether a suspect qualifies for the scheme and for either telephone or face-to-face advice.
-Solicitors can only claim for attending at the police station if they can show that attendance was expected to ‘materially progress the case’.

Question 16

In order to be granted legal advice and assistance for criminal proceedings following a what test must be used ?

Answer 16

Means and merit test

Question 17

What is the means test for the availability of legal aid in criminal cases ?

Answer 17

The defendant’s income and capital and those of their partner will be considered together (unless the partner has a contrary interest). Their income is means tested for cases in both the Magistrates’ Court and Crown Court. However if the defendant
receives state benefits, they will automatically pass this test.

Question 18

What is the merit test for the availability of legal aid in criminal cases ?

Answer 18

This test considers the merits of the case and whether legal aid should be granted, for example, if there are any “previous convictions”, the “nature of the offence” and the “risk of custody if found guilty”. The more serious the charge or possible consequences, the more likely it is that their case will qualify for legal aid.

Question 19

What is private funding in legal cases ?

Answer 19

Anyone who can afford it can pay for legal advice from a solicitor or a barrister.

Question 20

How may an individual seek legal aid privately ?

Answer 20

Approach solicitors themselves, as solicitors have offices in most towns. However, many solicitors specialise in certain areas of work, so if a person has an unusual problem, they may need to do some research to find a solicitor’s firm that can help them.

Question 21

How do solicitors charge individuals privately seeking legal advice ?

Answer 21

Solicitors charge an hourly fee, and it can be expensive to obtain legal advice.

Question 22

What are the reasons behind solicitors being unable to give a fixed price for private legal aid and representation ? (5)

Answer 22

Depends on …
-How many hours will be spent on it
-How easy the evidence is to obtain
-Whether a settlement could be reached
-Whether the case has to go to trial
-Whether a specialist barrister will be required.

Question 23

How else may a solicitor charge an individual privately seeking legal advice or representation (only in civil cases) ?

Answer 23

A solicitor can enter into a written Conditional Fee Agreement (CFA) with their
client in many types of civil cases.

Question 24

In which area is Conditional Fee Agreements mostly used ?

Answer 24

Personal injury claims

Question 25

How does a Conditional Fee Agreement work ?

Answer 25

A CFA ensures that the client only pays the solicitor if they win the case for the client, and it will place a cap or limit the amount the solicitor can charge. Also if the case is lost, the solicitor cannot claim any costs.

Question 26

Only under which circumstance will a solicitor use a Conditional Fee Agreement ?

Answer 26

If it is considered that the claim has a good chance of success (usually more than a 75 per cent chance).

Question 27

What is the "success fee clause" included in a "Conditional Fee Agreement"

Answer 27

This is the added fee that a solicitor becomes entitled to under a Conditional Fee Agreement if their client's case is successful.

Question 28

In a Conditional Fee agreement with a solicitor, why is an "after the event insurance policy" required ?

Answer 28

Due to the rule in civil cases that the loser pays the winner's legal costs, this is done to cover the costs of the other party in the case, if the case is lost.