legal funding

• 3 main difficulties for people seeking legal advice

  1. Lack of knowledge/awareness of legal rights
  2. Lack of confidence
  3. cost
• Everyone should have access to legal advice regardless of their ability to pay. Its considered to be important and its mentioned in ECHR article 6
• Dicey's rule of law - states everyone should be equal under the law. This also means everyone should have equal access to justice.
• Burmah V Lord Advocate (1964) - justice Darling stated "Law, like the tavern is open to all" - meaning everyone can go but it doesn't mean you can afford it
• For People to have access to justice but there need to be open justice system for its affordable for everyone
• Unmet need - Describes the issue that people have issues that can be solved through the law but are unable to get help they need through legal system (Essentially being denied access to justice)
• Problem 1 - Lack of knowledge/awareness of rights

  Richard White (1973) - reasons people do not have any knowledge/awareness of rights

  • don't realise that their issue has legal problems involved
  • Decide not to take case of issues like cost and see solicitor as unapproachable
  • Do not know of any legal services/cannot find any
• problem 2- lack of confidence to start trial

  • Lawyers seen as unapproachable due the image being typically being white, male and from privileged backgrounds and can be seen as intimidating
  • uneven distribution of solicitors throughout the country
• Problem 3 - cost (Most important to remember) - anyone can go but only if people can afford it. Legal advice is very expensive and people cant enforce right and are denied access to justice
• The law courts of England are open to all men like the doors of the Ritz hotel - anyone can go but it depends on whether you can afford to go
• Various attempts to resolve the issue including state funding(legal aid) by Government and other measures like:

  • Conditional fee agreements (No win, no fee)
  • Legal expenses insurance - Pay premium to insurance companies
  • Claims firms (personal injury cases)
  • Pro bono work ( free work to cases that need exposure)
  • Advice agencies like citizens advice bureaux - (local towns) and law centres - (inner city areas)