Copyright … Strode’s College Laws students are free to make use of ‘Pdf Print files’ for study purposes (they should print them off and take them to class). Others should ask before copying or using these ‘ Pdf Print Files ’. Copyright of Dr Peter Jepson -

LEGAL AID & ADVICE Prior to the Lecture read and précis Chapter 19 of ‘The English Legal System’ by J. Martin. PowerPoint presentation produced by Mrs. A Lindley and modified by Dr P Jepson of the Department of Laws.

In this lesson … Check your mobile is switched off Take notes Feel free to ask questions – but raise your hand first

Access to Justice When faced with a legal problem, the average person will usually need expert help from a solicitor. What are the main difficulties for an ordinary person who is seeking legal help?

Access to Justice … When a person cannot get the help they need, it is said that they are being denied access to justice.

Access to Justice Act 1999 This Act was passed to replace the old Legal Aid scheme with two new schemes: The Community Legal Service (for civil cases) The Criminal Defence Service (for criminal cases)

Access to Justice Act 1999 A Legal Services Commission was also created to oversee the public funding of legal services.

The Legal Services Commission The LSC took over the funding of civil cases from the Legal Aid Board. It is responsible for managing the Community Legal Service Fund.

The Legal Services Commission The members of the Commission are appointed by the Lord Chancellor, who makes sure that Commissioners have a broad range of expertise and experience.

The Community Legal Service This is able to provide: (1) Legal advice (2) Help in settling disputes over legal rights and obligations (3) General legal information and advice over legal services The money to pay for this service is met by the Community Legal Service Fund.

The Community Legal Service Fund This fund is maintained by the LSC from money paid to the Commission by the Lord Chancellor. He decides how much money is allocated to the fund each year, meaning that there is a fixed budget from which to fund cases. What is the potential problem with this?

Excluded Matters … Certain types of legal matters cannot be funded by the CLS Fund – list these. When deciding whether someone is eligible for help from the CLS Fund, various factors will be considered. Please explain in writing what factors the LSC will take into account when deciding whether or not to fund a case.

Different types of help … (1) Provide a list of the different types of help available - explaining each to class (19.3.4) (2) List and explain the new advice Services which developed in (3) Explain the priority for funding.

Franchises … A solicitor can only do publicly-funded work if their firm has a contract with the LSC. About 3600 firms of solicitors have contracts and these firms are usually based in large towns and cities. Providers given Quality Marks (What are these?)

Problems of Advice Deserts.. The Constitutional Affairs Committee in 2004: “It is clear that there are parts of England and Wales in which the need for publicly funded legal services is not currently met.”

Conditional Fees As a general rule, in a civil case, the judge will order the loser to pay the winner’s costs. The problem for a potential claimant is that s/he may be uncertain as to the outcome of their case and therefore feel that bringing a court action would be too risky.

How Conditional Fees Work… “No win, no fee!” If the solicitor loses the case - the client pays nothing. If the solicitor wins the case the client pays the normal fee plus a “success fee” (the AJA 1999 now allows courts to order that the losing party pays the normal fee and the success fee). Does this method encourage a solicitor to take on a difficult case?

How Conditional Fees Work … What does the case of Callery v Gray (C of A) confirm? How does this relate to conditional fees?

Insurance Premiums Why might someone want to take out insurance against losing a case? What is the difficulty with doing this? Can the cost of the premium be claimed back from the other side if you win? Consider the following questions…

Advice Agencies There are also a number of non-profit making agencies available to give people legal advice and representation. Citizens’ Advice Bureaux Law Centres - AA / RAC Cheap/free initial interviews

Citizens’ Advice Bureaux Will give free advice and help to anyone. Most commonly deal with social welfare problems and debt. Staffed by trained volunteers, who often become expert in the areas they frequently deal with.

Law Centres … Offer a free, non-means-tested service to people who live or work in their area. Their main areas of work are housing, welfare, immigration and employment. Many law centres have been forced to close due to insufficient funding.

Criminal Defence Service This service aims to provide advice and representation to individuals involved in criminal proceedings.

Criminal Defence Service Funding is allocated on a demand-led basis – there is no fixed budget. Firms of solicitors need a contract with the LSC to be able to offer state-funded criminal defence work.

A class presentation … In absolute SILENCE prepare a presentation on the work of ‘The Public Defender Service’. You may/will be asked to present to the class

Advice, Assistance and Representation When a person is questioned by the police, he/she has a right to free legal advice. When a person has been charged with a criminal offence, he/she will be granted a solicitor if the court feels that it is “in the interests of justice”. What criteria will the court look at to decide this?

Break into Law Firms… Each group should prepare a detailed presentation explaining one of the following areas: 1.The Community Legal Service 2.The Criminal Defence Service 3.Conditional Fees and 4. Advice Agencies

With a partner … Plan an answer - which should be presented to class to the Exam Question on Page 319 of ELS.