Access to Justice

• Different sources of legal advice in a civil case


  • Solicitors firm
  • Citizens advice
  • Trade unions
  • Insurance
  • Law centres
  • Pro bono clinics
  • FRUs (Free Representation Units)
• Private funding in civil cases

  Anyone who can afford it can privately pay for the services of a solicitor or barrister
• Conditional fee agreements (CFAs)

  No win no fee agreement, the client does not have to pay their own legal costs even if they lose the case but they must take out after the event insurance to pay for the winning sides legal costs should they lose their case, if the case wins the solicitor will take up to 25% of compensation as a success fee
• Government funding in civil cases

  The legal aid agency is a government agency responsible for the administration of legal aid, the CLA service provides free and specialist initial legal advice to those who qualify for legal aid on matters such as debt, education, discrimination, housing and family issues
• Criteria for legal aid eligibility


  • Means test (assesses income and capital)
  • Merits test (looks at the reason for taking the action and likelihood of success)
• Other advice agencies


  • Citizens advice
  • Charities
  • Law centres
  • Pro bono units
  • Free Representation Units (FRUs)
• Criminal legal aid services

  Under the jurisdiction of the legal aid agency, the public defender service provides a range of services within the criminal defence market
• Legal advice in police custody


  Duty solicitor from a local solicitors firm that has a contract with the legal aid agency can offer over the phone advice to suspects, only paid to attend the police station if it materially helps the progression of the case
• Legal advice for first court appearance

  Free advice about their first court appearance for their first hearing at the magistrates court by the duty solicitor - bail and preliminary matters
• Legal aid eligibility for criminal cases

  Must pass a means test to qualify - people with low means will get free legal advice, those above the lower limit may have to contribute to the cost of legal fees and those above the upper limit will have to cover their own legal fees, merits test considers the likelihood of success and seriousness of the case
• Advantages of civil legal funding


  • Claimants don't have to rely solely on lawyers, many sources of free or cheap advice, state-funded legal aid available in certain cases, CFAs allow claims to be made if unable to afford privately
• Disadvantages of civil legal funding

  • Legal fees are expensive and unpredictable, problems with CFAs, cuts to civil legal aid funding, rise in litigants in person leading to delays
• Advantages of criminal legal funding


  • Suspects in police detention can obtain free legal advice, people facing serious charges can instruct a lawyer to defend them
• Disadvantages of criminal legal funding

  • Government cuts to criminal legal aid budget, fewer firms providing criminal legal aid services, rise in unrepresented defendants, strict means test excludes many, 'interests of justice' test strictly applied
• Advantages of conditional fee agreements (CFAs)


  • Further alternative to private funding, remove anxiety of huge costs, deductions capped at 25%, insurance can be taken out, widely available, no upfront payment
• Disadvantages of conditional fee agreements (CFAs)

  • Solicitors charge higher fees to cover risk, court costs may not be covered, restricted pool of firms, encourages 'cherry-picking' of strong cases, may incentivise dubious tactics, insurance requirement excludes poorer clients