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Access To Funding
Law Unit 1
| Question | Answer |
|---|---|
| What are the sources of advice? | -Helplines -Citizens Advice Bureaux -Law Centres -Trade Unions -Lawyer Run Schemes |
| Explain helplines | Civil Legal Advice (CLA) is a gov. funded schemes provide help via telephone. |
| What does Civil Legal Advice assist with? | -Debt (if home is at risk) -Housing (homeless/ risk of eviction) -Discrimination |
| Explain the Citizens Advice Bureaux | They give free general advice to anyone on a variety of issues connected to social welfare problems and debt but can also assist on legal matters. Some solicitors offer a free 30 mins interview |
| What problems does the Citizens Advice Bureaux assist with? | -Entitlement to benefits -Employments issues -Housing issues |
| Explain Law Centres | They offer free, non-means tested legal service to people in the area. Many clients from a disadvantaged background |
| What are Law Centres aim? | To provide free legal advice and representation where there are few solicitors |
| Where does the funding come from for Law Centres? | Some are from the gov. -but cuts have been made. and some are from the National Lottery Funds- part of a community project |
| Explain Trade Unions | It's an organisation made up of members and it's membership must be made up mainly of workers |
| What are the Trade Unions aim? | To protect and advance the interests of its members in the workplace |
| What do Trade Unions assist with? | Give advice for work related problems and provide legal advance for personal injury case |
| Explain Lawyer Run Schemes | Citizens Advice Bureaux and Bar Pro Bono Unit |
| What is the Bar Pro Bono Unit? | Volunteer Barristers who give free legal advice to those who cannot get Legal Aid and where necessary, will represent their clients in Court. |
| Where can you get advice in criminal cases? | Duty Solicitors |
| Explain duty solicitors | Anyone held as suspect at a Police Station has the right to free legal advice. The service is available 24/7 and is gov. funded. Advice is face-to-face or by telephone. |
| What are the 2 categories in funding? | Private and Public |
| What is private funding? | Those who can afford legal representatives |
| What is another way you can fund a court case? | Insurance e.g. motor and home |
| Explain motor insurance | They provide cover for help with legal fees arising from road insurance |
| Explain home insurance | They provide cover for any legal claims on your home |
| What is meant by 'before the event' insurance? | Policies purely for insurance against legal cost, it means when there is no known legal claim |
| When can Conditional Fee Agreements (CFA) be used? | In all civil cases, except family cases |
| How do Conditional Fee Agreements (CFA) work? | Solicitor and client agree a fee (will also include solicitor's success fee if he wins the case). If case is won, client has to pay normal fee plus success fee. |
| What happens if client loses their case from the CFA? | Many CFAs work on the basis of 'no win no fee'- but some still charge a small fee even if they lose the case |
| What is the success fee? | It's agreed by the solicitor nut, there's a 'cap' on personal injury cases which prevents the success fee to be more than 25% of the damages if the client wins |
| What is meant by 'after the event' insurance? | This insurance will pay the other sides cost if he loses |
| What is meant by public funding? | Where the funding is from the gov. |
| Is public funding for everyone? | No, the gov. budget is a set amount each which means it won't be available to everyone |
| Is legal aid available in all civil cases? | No if it involves children's rights and those involving the liberty of an individual |
| What do you have to pass to qualify for legal aid? | Means test |
| Explain means test | -A person applying for Legal Aid must show that they do not have enough money to pay for representation -Disposable income and capital are looked at -Those on income support and job seekers allowance automatically qualify |
| Explain disposable income | -If gross income (before tax) is below set amount each month then disposable income considered next -If amount left is below min level, doesn't have to pay at all -If between min and max, then pay monthly contributions -If above;pay |
| Explain disposable capital | -Refers to the assets -To qualify, can't be above £8,000 -If more, must fund own case. Even if below, may be asked to pay monthly contribution -If homeowner, value of home considered. Only first £100,000 of mortgage is deducted from value of home |
| How do you get legal representation for criminal cases? | Pass 'Interest of Justice Test' and means test |
| When will the means test be different in criminal cases? | If it's dealt with in Magistrates Court or Crown Court |
| What's the 'Interest of Justice Test'? | Where the defendant must show that he comes under one of the following factors: -Case involves consideration -Individual likely to lose liberty/livelihood or suffer serious damage to reputation |
| What are the 2 court means test? | Magistrates and Crown |
| Explain Magistrates Court Means Test | -Strict means test -Stage 1: calculated on gross annual income. If too high D. doesn't qualify -Stage 2: calculate disposable income and if above, won't get legal aid (not everyone goes through this stage-only those in middle bracket) |
| Who automatically passes the Magistrates Court Means Test? | Automatically pass are: those on income support, under 16 or under 18 but in full time education |
| Explain Crown Court Means Test | -Easy to meet as no upper limit -But if earn more than £37,500 -If D. found guilty, may have to pay extra small contribution with assets -If found not guilty, any contributions made, will be given back (refunded) |
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