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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