Well detailed leaflet covering the Legal advice & Representation available in dispute solving. This leaflet achieved me Unit 1 M3 in the academic year of 2017/18 and was marked by my teacher. I made this on word so when you open this document try to open it with word too and you can then print it o...
Sources of legal advice & representaton and how Charities: Charities such as Shelter provide free legal
advice public, but only within the limits of their charitable
to fund them responsibilities. For instance Shelter can advise on
Legal advice Solicitors: There are many companies that offer free first
advice, which is where people can ask lawyers if they can
housing benefit claims and whether a landlord could be
made responsible for fixing a leaky roof etc.
help them without it costing anything. Websites like Community Legal service: The Access to Justice Act
Quality Solicitors promise to put you directly in touch with 1999 established the Community Legal service which
a local law firm who can talk to you for free and clarify manages the community legal service fund which is
how they can help you. Some solicitor firms even offer provided by the government. However, this fund is capped
“free first hour of interview”. Average hourly rate for at a fixed amount that is paid into it and is distributed
associates is around £150 and could cost even more if according to what certain priority areas the government
they were to represent you at court. In criminal cases the thinks the money should go to e.g. cases involving a
& Pace Act 1984 first introduced the “duty solicitor”, which is
available to anyone who has been arrested or is being
held in custody at the police station, but cannot afford or
child’s welfare. The fund excludes civil cases on
defamation, boundary dispute, issues involving £5000 and
tribunal hearings. To qualify for this fund you must meet
does not have their own solicitor. However, this scheme the funding criteria and satisfy the merits test. The funding
has changed in 2004 where a solicitor is no longer criteria is a means test that determines whether an
automatically provided to visit the arrested person at the individual or family is eligible for government assistance,
police station. For cases involving non-impressionable based upon whether the individual or family possesses the
offences such as breach of bail, legal advice is given over means to do without that help. It assesses an individual’s
the telephone if the person is not mentally ill or a youth or disposable income and capital. The merits test on the
Representati
cannot speak English. other hand looks for a realistic chance of success. They
take into account the amount of money available and the
Citizens Advice Bureau: This is a free legal advice priorities set by the government for the scheme. Both the
service that is funded by the CLS. However, most of the means and merits test determine whether the individual
on
staff in the citizens advice bureau are not legally qualified will receive full, partial or no government assistance.
and most refer clients to solicitors. However, the have
similar level of experience as most solicitors in issues Assistance by way of representation (ABWOR): This
concerning housing, welfare and debt counselling which service provides limited representation in the Magistrates’
allows them to advice client for free. Court for an otherwise undefended defendant. This is a
free service for those whose income is below income
Law centres: There are approximately 60 law centres in support level and with capital under £3000. However, it
England and Wales that are funded by local authorities can also be available for those with a higher income but
and the CLS. They have qualified solicitors and barristers they must contribute partially to the cost.
who advise clients on topics like housing and immigration.
Advice and assistance scheme: This scheme provides
No win no fee: This is also known as “Conditional fee advice that is equivalent to 1 hour. However, it may not
litigation”. It was first introduced into English Law under include legal representation in court unless the solicitor
the Courts and Legal Service Act 1990. This scheme has applied for a representation order. This scheme is
means that the lawyers are only paid for their services if also means tested, which means that only people on
the case is won. The Lawyers can charge a success fee benefits or have low income will qualify. This scheme is
of up to 100% of their usual fee. The lawyer’s fees are also only available for bail, full legal aid applications or a
paid by the loosing defendant. This is why you should ask plea in mitigation if the defendant chooses to plead guilty.
the firm before-hand on their success fee. The claimant’s
lawyer would have set up an “after the event” insurance Pro-bono Clinic: This is where professional solicitor and
By your name which means the claimant will pay the other sides legal
costs if the case is lost. This policy also pays the other
barristers advise clients for free. Social responsibility
denotes that they should do this for a no. of hours each
side if they win. year.
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