The finance of Advice and Representation

Fach Fach

Klasse 11

Autor Larissa345

Veröffentlicht am 03.11.2018

Schlagwörter

law finance advice representation

Zusammenfassung

This law presentation is about the finance of advice and representation. How can you get help with representation at court? What is the Advocacy Assistance? Who is eligible for free advice? What is the Solicitor's Assistance Scheme?

What are the ways you can be helped With Representation At Court?
Often people dont know the ways tob e helped with representation at court. There are three different ways tob e helped if you need tob e represented in court for a criminal offence.
1.A Representation Order.
2.Advocacy Assistance.
3.Free advice and representation at the Magistrates’ Court.
But you can mot just get help at court. You have the right to free independent legal advice from a duty solicitor if you are at the police station. This service of legal advice does not depend on your financial circumstances. You have the right ro contact and consult a solicitor at any time if you are under arrest.

The representation order is there to help you with costs if you are not able to pay these for your case. They cover the costs fort he representation by a solicitor.
The Advocacy Assistance ist also there to cover costs. But in opposite to the representation order it coverst he costs of preparing your case for example:
.Warrants of further detention. You do not need to qualify for this service.

Who is Eligible For Free Advice and Representation at the Magistrates’ Court?
People can automatically pass the means test if they are under 16 or 18 and in a full time education.
• ◦Eligible – pass the initial or full means test
• ◦Ineligible – fail the means test and therefore are expected to pay for legal representation
The Citizens Advice Bureaux is an independant charity organisation. They give you free, confidential information and advices to help people with right, consumers and money or other problems.
The Law centres offer legal advice and defend the legal rights oft he people who can not afford a lawyer.
The so called Solicitor’s Assistance Scheme ist a free service that offers advices and help to Solicitors all over England and Wales. The service is also for their employees and families on any problem.

  1. What is the role of Trade Unions with giving legal advice?
  2. Insurance Policies can offer what legal advice?
    Pro – Bono means free help. It includes a solicitor and a barister.
    Private funding means that you can cover the costs on your own without any help.
    The Solicitors are very easy to access and properly regulated and insured concerning poor work such as delay, mistakes or overcharging. Disadvantages are that they can be expensive and local firm may not specialise in the area you need.
    On the one hand the barristers are professional and confidential on the other hand they can be expensive and they are not always local.
    Advantages fort he citizen advise are that it ist free and gives quick advices ready fort he next step. Disadvantage is that ist ist may not able to do more than suggest going to a solicitor.
    The law centres ar cheap and free and they often open at convenient times. But the are not necessarily locval and under pressure no funing.
    The insurance companies are very easy to access and can specialise in particular types of claims, such as classic cars. On the other hand it deals with a distance and has sometimes a limited range of cases that it deal with.
    An Advantage of using the internet is that it ist free and you have a large variety of advices. Using the internet is quick. Disadvantages are that it ist not necessarily accurate and sometimes it ist incomplete unless the user signs up and pays.
    The word advice desert means that there ist a lack of solicitors in legal law.
    4 issues relating to civil funding
    •Funding of civil cases is being restricted continually.
    •The starting point is that it is not available unless it is a category recognised in the Act or other regulations eg Mental Health Tribunal and children’s rights.
    •Many cases no longer qualify for funding eg child contact, divorce, employment, welfare benefits, medical negligence except in very limited circumstances
    •However for many civil matters there are Conditional Fee Agreements and Damages Based Agreements available.

4 issues relating to criminal funding
•There will always be a balance that needs to be found between giving people access to advice and representation in court
•And limiting the amount of money that can be allocated to legal funding especially in times where there are very tight constraints on public spending
•There is no means test for the duty solicitor scheme at the police station which offers some assistance
•however the fact that it is limited to a phone call in most cases does save money although vulnerable people do get more help usually having a solicitor attend

Geoff - Is a defendant who has been charged with robbery of an old lady called Pam. They will be tried at the Crown Court in January.

Jasmine - Is a defendant who is being prosecuted for motoring offences, she was caught driving without a licence and no insurance.

  • Criminal case
  • Magistrates (Court)
  • Solicitor
  • Interest for Justice
  • Dependent
  • Procedure
  • Means testing
  • Magistrates – 1590 – under that free
  • Means – 21.000 – under this pay contribution
  • Citizen Advice
  • SS
  • Private funding
  • Insurance

Leanne – Is a victim of a recent accident at work where she suffered minor head injuries due to an Air conditioning unit falling on her head.

  • Case of civil law
  • LASPO 6 criteria
    o Interest for Justice – access to Justice Act 1999 – schedule 3 para 5
  • Tort negligence (JMW compensation calculator) to calculate how much the process will cost
  • County Court
  • LASPO criteria 1 (depends on the injury)
  • LASPO criteria 2 (no)
  • Advice Agency – Conditional fee Advice – no win no fee
  • Success fee
  • Citizen Advice
  • Life insurance
  • TU

Sian – Wants to bring a claim against their landlord for faulty wiring, she has already brought this to his attention but he has not fixed the issue.

  • Case of Civil law
  • Claim
  • housing
  • Supreme Court or High Court ?
  • Civil – land – housing
  • LASPO 1) balanced 2) depends on where they live – Advice desert 3) no not important
    AA – CFA – unlikely
  • CAB
  • Housing Insurance
  • LC – Location
  • Private Funding

Cherry – Wants a divorce from her partner, this an amicable divorce and should be resolved easily.

  • Civil law case
  • Family law, divorce
  • Magistrates, Family Court
  • LASPO – 2 (no fundiry) or 4 (family mediation)
  • Private funding
  • Citizen Advice
  • Solicitor skiing

Adam – Feels that they have been unfairly dismissed from their last job; he wants damages from his employer, an apology and a reference to help him get a new job.

  • Civil
  • Employment, dismissal
  • Tribunal – Solicitor
  • LASPO can meet all criteria
  • Means testing – gross 2.657 Pounds
  • Disposable income is 733 Pounds
  • Capital is 8.000 Pounds
  • AA Citizen Advice, private funding, trade union, CFA but unlikely