Civil Access to Justice and Funding

What is Access to Justice? (A2J)

Making sure that everyone can take a case through the courts if they need to and helping them to do this if they need help

Why might people need help for a legal case?

They don’t know where to get legal help and advice, they are worried and often need financial help

Why is A2J important?

• If people are being denied access to justice, then this is unfair as everyone should be able to have their case heard (not just the knowledgable or rich)

• Also supports our legal system being ‘open’ ti everyone under the Rule of Law

• A2J is concerned with accessing Legal Services, people/businesses who will do legal work for you and where you can obtain legal advice (solicitor’s firm)

• Legal advice - Where you can get help and guidance

• Legal represantation - Who can advocate for you in court.

Funding

Money from the GOVT to help or cover the cost of court action and representation (known as Legal Aid)

Money comes from the LEGAL AID AGENCY and covers criminal and civil cases

Civil cases are very limited and funding will not cover taking action for contract issues.

Where can legal advice be obtained

• Not-for-profit organisations

• Non Government funded Advice

• Private Funding of cases

Not-for-Profit Organisations Types

• Citizens Advice Bureau

• Law centres / Law Centres Network

• Civil Legal Advice (CLA)

Not-for-Profit Organisations - Citizens Advice Bureau

• Most well knon not-for-profit organisation

• In most major towns

• Give free general advice and direct people to solictors

• Cover all work but are mainly used on civil law (benefits, debt, consumer issues, employment and immigration)

• Have paid staff but also lots of volunteers

Not-for-Profit Organisations - Law Centres

• Not many - only 40 open

• Offer free legal service to people in their area and access to a network

• Tend to concentrate on immigration / welfare / housing / discrimination / employment rights

• Staffed by volunteer lawyers (usually solicitors)

Not-for-Profit Organisations - Civil Legal Advice (CLA)

• Telephone helpline that can give free legal advice on things like debt, housing, domestic abuse, family issues, SEN, discrimination.

• Not applicable to Contract Law issues.

Non Government Funded Advice Types

• Unions

• Charities

• The Bar

• Bar Pro Bono Unit

Non Government Funded Advice - Unions

If you are a member of a union, your annual subscription will include free legal advice

Non Government Funded Advice - Charities

• e.g. ‘Shelter’ will offer free legal advice

• Usually related to the charity

• So ‘Shelter’ would offer legal advice about housing

Non Government Funded Advice - The Bar

• Offeres a Free Representation Unit

• RUb by the Bar in London

• Scheme aimed at helping those who don’t qualify for legal aid, present their case in court in the areas of employment, social security, criminal injury etc.

• Not applicable for Contract Law

• Barristers will represent clients in court at no cost

• 2,000 cases per year are handled this way.

Non Government Funded Advice - Bar Pro Bono Unit

• Run by volunteer barristers who give free advice to those who cannot afford to pay and cannot get legal aid.

• Will also represent a client in court if necessary.

Private Funding of Cases Types

• Insurance Policies

• Pay privately for you own sollicitor or barrister

Private Funding of Cases - Insurance Policies

Certain policies may have legal advice and representation cover and a helpline to call.

Private Funding of Cases - Pay Privately for solicitor or barrister

• Firms of solicitors in most towns

• Big city firms tend to specialise in commercial law and most of their clients will be businesses

• Many firms offer fixed fee interviews - helpful for individuals often worried about instructing solictors, because of fear of receiving large and unexpected bills

• Interview lasts up to an hour to provide an initial overview, advice and direction, so client can make an informed decision on whether to instruct solicitor or not

• Outside London will cost approx £150

• In London will cost approx £600

• Can consult directly with barrister which can be cheaper