The Legal Services Commission (LSC) administers legal aid in England and Wales, helping over 2 million people annually with a budget of £2 billion. It oversees two schemes: the Community Legal Service, which provides civil legal aid, and the Criminal Defence Service for criminal legal aid. Eligibility for legal aid depends on an applicant's income and other financial limits. Conditional fee agreements (CFAs) allow individuals to pursue personal injury cases without legal aid by paying solicitors' fees only if their case succeeds.

1. Finance of
Legal services
Mrs Hilton

2. Cost concern in civil
cases
• Major concerns for those in court
cases is cost
• Civil cases, some may decide not
to proceed with their case therefore
denied Access to Justice

3. Cost concern in
criminal cases
• Criminal cases, may not be able to
– meet costs of defence
– obtain advice
– obtain assistance and representation
• Denied a fair trial

4. Solution to cost
concern
• Public funding called legal aid is
available in some instances in
– Criminal
– Civil cases

5. Legal services
commission (LSC) Part 1
• Administers legal aid in England
and Wales
• Established under Access to
Justice Act 1999
• Replaced old legal aid board
• LSC 15 offices in England
• Help 2 million people a year

6. Legal services
commission (LSC) Part 2
• Department for Constitutional
Affairs is responsible for LSC
• Accountable to parliament for its
performance
• Administers two schemes
– Community Legal Aid Service = civil
– Criminal Defence Service = Criminal
• Total LSC budget per year £2
Billion

7. Questions (3 each)
1. What is the name of the scheme that
administers Civil Legal aid in England?
2. Does the LSC have jurisdiction in Scotland?
3. Which Act established the LSC?
4. Which Department oversees the LSC?
5. What is the LSC annual Budget?
6. How many people per year does the LSC help?
7. What scheme administers criminal Legal Aid in
England and Wales?
8. What does LSC stand for?
9. To whom is the LSC accountable for its
performance?

8. Community Legal
Service
• The CLS administers Civil advice
and assistance
• Contracts are negotiated with firms
of solicitors with relevant expertise
• Firms paid on a monthly basis
• Only contract firms can carry out
publically funded (legal aid) work

9. Quality mark
• CLS will inspect then award a
“quality mark” to solicitors
• To ensure needs met thoughout
England and Wales Others can get
quality mark:
– CAB
– Law Centres
– Community organisations

10. Types of assistance
• People can access information, advice
and assistance on a wide range of
matters including:
– Debt
– Asylum
– Housing
– Employment
– Community care
– Education
• Assistance can range from advice to
going to court.

11. Questions (one each)
• Can any solicitor dispense legal
aid?
• What types of organisations can
apply for the quality mark?
• What types of advice may people
require help with?

12. CLS: types of help (civil)
• Legal advice
– (eligible people up to 2 hours free)
• Help at court
– (eligible party can have a solicitor or
advisor speak on their behalf)
• Approved family help
– (dispute resolution and mediation)
• Legal representation
– See next slide

13. Legal representation
• Available in court for claimant and
defendant
• Two types of assistance available:
– Investigative help allows the strength
of a claim to be assessed
– Full representation covers legal
representation in court proceedings

14. Eligibility for CLS
• To qualify for legal aid certain
conditions must be met and the
applicant must not exceed certain
financial limits:
– Assistance only given if benefit to
client and reasonable for matter to be
funded

15. Financial Eligibility
• Applicants monthly income must
not exceed £2,288
• If income less than £2288 must
have disposable income of less
than £632
• Partners income can be taken inot
account
• Job seekers allowance
automatically qualify

16. Questions (two each)
1. Who automatically qualifies for legal
aid?
2. If I earn £3,000 a month do I qualify?
3. How many hours advice can I have if I
do qualify?
4. What were the two types of legal
representation?
5. What kind of help at court can I qualify
for?
6. Will my partners income be taken into
account when applying for legal aid?

17. Take a breather

18. Conditional Fee
Agreements (CFAs)
• Following the Access to Justice Act
(date?) some cases that previously
qualified now didn’t.
– Personal injury
– Now people either pay themselves
which is expensive of take a “no win
no fee” agreement
– Introduced by Courts and legal
Services Act 1990

19. CFAs
• Written agreement between client and solicitor
• Client does not have to pay fees if they lose
• Client may have to pay costs of other side but
can insure against this
• If they win client may pay a fee to solicitor +
added % (uplift fee)
• Since Access to Justice:
– Losing party may have to pay costs and
uplift fee

20. CFA’s
For Against
• Remove expense of • Insurance to cover
the case costs is expensive but
without it may face
• Provide a way of
large bills
proceeding that
• Solicitors may only
clients would not be
able to afford accept strong cases
• Those with weaker
borderline cases may
have to fund
themselves

21. Questions (one each)
• What is a CFA?
• If I have a personal injury case can
I claim Legal aid
• What act allows me to claim the
uplift fee from the other side?

22. Criminal Defence
Service (Criminal)
• Set up by LSC
• CDS check and give contracts to
solicitors
– High quality work
– Reasonable cost
• Criminal legal aid covers
– Those suspected or accused of a
criminal offence

23. Human Rights Act 1998
• Requirement that people receive a
fair trial
• People must get a fair hearing
• Not being able to afford Legal aid
may jeopardise this

24. Types of help
1. Advice and assistance
2. Police station advice and
assistance
3. Advocacy assistance
4. Representation in court
5. Duty solicitors

25. Advice and assistance
• Service funds advice from solicitor
• Includes:
– giving general advice
– Writing letters
– Negotiating
– Getting a barristers opinion
• Means tested clients disposable
income must not exceed £1,000
per month.

26. Police station advice
and assistance
• Anyone questioned over an offence
whether arrested or not can get
free legal advice from a contracted
solicitor
• Not means tested
• Can choose
– Duty solicitor
– Own solicitor
– Another solicitor from Police list

27. Advocacy assistance
• Provides
– Cost of solicitor preparing a case
– Initial representation in certain proceedings
in the magistrates and Crown Courts
• Not means tested but merit:
– Chances of dependent losing
– If expert cross examination is needed
– Will defendant be able to understand
proceedings?

28. Representation in court
• Those charged with or summoned
for a criminal offence can apply for
funding to cover the cost of a
solicitor to prepare a defence and
for representation in court
• If a barrister is needed costs will be
met.
• Advice regarding appeal (where
needed) is covered.

29. Duty solicitors
• Available at Police station or
magistrates’ court
• Give free legal advice

30. Questions (one each)
• Where might you find a duty
solicitor?
• Who would not qualify for advocacy
assistance?
• If my disposable income is £15,000
per month do I qualify for legal aid
solicitors advice in a criminal
matter?
• Now ask each other one question!!