access to law

• what is meant by a legal advice desert in terms of government funding for legal representation, and why is this a disadvantage?

  It refers to the fact how there isnt enough legal service providers who have a contract with the legal aid agency. The main reason for this is thw low rates of pay. in the year 2000, the constiutional affiars select committee highlighted this issue, since then the issue has gotten worse.
• what did the legal action group in 2008 and 2009 confirm?

  They confirmed the lack of lawyers offering legal aid as a concern
• In recent times, what was the number of firms that offered legal aid and how much did it decrease by?

  in the year 2000, the number of firms offering legal aid services has dropped from 5000 to 2000, and in 2016 in dropped to 1500.
• why is the fact that most civil cases are not eligible for legal funding a disadvantage?

  Due to the strict requirements, it can pose an imbalance of power in employment cases where the employer will likely have legal representation however the employee will not. The fees are very high, thus the employee may not be able to fund themselves- which can be harsh for those who have suffered extensive injuries and need help.
• why can the eligibility levels to recieve legal funding be considered a disadvantage?

  Very low people can qualfy for free asistance, this lowers the ability for vulnerable people ot access justice. in 2016, 20 seperate charities wrote to the guardian to express their concerns that the new legal aid, sentencing and punishment of offenders act is having a "Severe impact on the ability of the vulnerable to access justice".
• why is the lack of funding available to the legal sector considered a disadvantage?

  It narrows the access to justice available to people because less people will be funded to bring up their concerns to court.
• what are the three ways to privately fund legal aid?

  Paying personally, legal expenses insurance, conditional fee agreements
• what does it mean to pay personally, in terms of legal fees, and why is it not available to everyone?

  It means to use one's own income and/or savings to pay the fees. It isnt always viable to all because of the high fees that laywers charge, e.g. a lawyer in london on average charges £100 per hour.
• What is legal expense insurance?

  Many house and car policies offer legal expense coverage as part of the recipient's policy. Additionally, the recipient may purchase a policy specifically to cover said legal fees, which is being heavily promoted by the govt.
• what is a conditional fee agreement?

  Also known as a , "no win, no fee" agreement. It means that the client only pays their lawyer if they win the case. Some lawyers also charge a success fee. Other lawyers also ask for a reduced fee, rather than no fees, if they lose. The success fee can be 100% of the regular fees, however there are caps to prevent it from being more than 25% of the damages won by the client
• what is the significance of the fact that the loser pays the winner's fees in terms of a conditional fee agreement?

  It will be a term of the conditional fee agreement that the client takes an "after the event" insurance policy in order to cover the costs of the other party in the case- should they lose.
• what are examples of 'free' legal advice administrators?

  Citizen's advice bureau

  Law centres

  Pro bono units (AKA advocates)

  Free representation units

  Trade unions

  Insurance companies
• How does the citizen's advice bureau offer legal advice?

  the citizen's advice bureau is a charitable organisation with offices all across the country- they are staffed by employees who train volunteers who will give general advice over a range of issues- be it face to face, telephone, email, webchats.
• What areas of the law does the citizen's advice bureau tend to advise on?

  Debt, consumer issues, claiming welfare benefits, housing problems, employment matters
• What are clinics in the context of citizen's advice bureuax?

  Many citizen's advice offices have arrangements with local solicitors who offer clinics to give advice on purely legal issues. The solicitors are likely to offer a cheap, or free, first advice session
• how do law centres offer legal advice?

  They offer free, non means tested advice living in the area- in addition to advice and representation in areas where there are little to no solicitors. The law centres are funded by local, or the central govt but have found it increasingly difficult to gain enough funding even though they are covering needs. Law centres tend to have a qualified solicitor who works full time, and is supported by volunteers
• what are pro bono units (aka advocates) ?

  They are a unit formed by volunteer barristers who are based in london. They offer free legal advice on a range of legal issues to members of the public who cannot afford legal fees or conditional fee agreements. The unit may also represent a member of the public in any civil legal proceedings.
• what is the free representation unit (FRU) ?

  A body, based in london and nottingham, that provides legal representation and advicei n social security and employment tribunals. They help members of the public who are not eligible for legal aid nor can they afford lawyers. The work of the FRU is done by volunteers who tend to be law students in the early stages of their careers; they are supervised by legal officers. The law students also offer free legal advice to members of the public in their area.
• how do trade unions offer legal advice?

  They tend to offer their members free legal advice on a range of employment related matters and other matters such as personal injury in an accident outside of work. The members of the union pay subscriptions to pay for the aid, and if needs be representation during a case. The union often will employ full time specialist advisers to deal with work related issues and negotiate with employers on behalf of the members. In personal injury claims, there will be a referral to a specialist in the area and their fees covered by the union.