Sources of Advice and Funding Refresh

​Sources of Advice and Funding

Applied Law - Workshop

Sources of Advice

​Solicitors

The main legal professional who have direct contact with the public.

They work in firms with a wide range of expertise.

They can be accredited and some solicitors speak multiple languages.

Confidential advisers who give legal advice and assistance in a wide range of situations.

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What areas of law can solicitors work in?

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What is some work that solicitors carry out? Think away from areas of law.

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Advantages of Solicitors

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Disdvantages of Solicitors

Sources of Advice

Paralegals

Support solicitors in their day-to-day work

Can also be experts in a particular area of law like solicitors

Are legal personnel but do not have a legal background and cannot give legal advice.

Sources of Advice

Barristers

Highly trained professionals who deal with the vast majority of serious and high -profile cases.

A source of specialist knowledge

Independent, objective and trained to advise clients on the strengths and weaknesses of their case.

Sources of Advice

Barristers

Solicitors have good working relationship with barristers

The public have the right to choose who represents them and they may go for a barrister, selected by a solicitor.

Fill in the Blanks

What is the name of the rule that barristers must follow in that they must take every case that is presented before them?

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What is a King's Counsel?

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Advantages of Barristers

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Disadvantages of Barristers

Sources of Advice

Citizen's Advice Bureau

Independent advice charity that provides free and confidential and impartial advice

Their goal is to help everyone find a way forward, whatever the problem they face.

Sources of Advice

Law Centres

Opened in the 1970s to provide as a way to work with communities to defend the legal rights of local people.

Have in-depth knowledge of all of the issues specific communities are facing and can provide practical solutions and advice.

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What sort of advice do Citizen's Advice and Law Centres give?

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Advantages of CBA and Law Centres

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Disadvantages of CBA and Law Centres

Sources of Advicce

Insurance Companies

Offer legal expenses insurance - an option feature

Solicitors are instructed on behalf of the insurance company

Contacting them is down to resolving disputes that may arise as they investigate

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Advantages of Insurance Companies

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Disadvantages of Insurance Companies

Sources of Advice

The Internet

Advice readily available - 24/7

Difficulty in ensuring how accurate the advice may be as it is worldwide

Contradictory information

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Advantages of the Internet (in terms of legal advice)

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Disadvantages of the Internet (in terms of legal advice)

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A worker thinks they’ve been underpaid

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A parent is separating from their partner and needs child custody advice.

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Someone is being chased by debt collectors and feels intimidated.

Sources of Funding

​Private Funding

If you can afford it, you should pay for it.

Solicitors charge per hour and barristers cost even more and can determine who much they want to charge, based on their own rates.

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Advantages of private funding

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Disadvantages of private funding

Sources of Funding

​Conditional Fee-Agreements

Solicitors can enter into these with their clients in many civil cases

Particularly used in personal injury claims and ensure that a client only pays when they have won their case

Because of this, they will only take on the case if there is a 75% change of success.

Sources of Funding

​Conditional Fee-Agreements

Helps the public gain access to justice

Costs are paid for by the losing party.

CFAs may encourage early and out-of-court settlements

Solicitor advice is free up until the agreement is made so it can be determined the percentage of winning.

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Advantages of CFAs

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Disadvantages of CFAs

Sources of Funding

​Damages-Based Arrangement

"No-win no-fee" arrangement

Payment is subject on the change of the client winning the case.

Solicitors will take a percentage of the final settlement to pay for the costs.

This is a pre-agreed fee.

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Advantages of DBAs

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Disadvantages of DBAs

Sources of Funding

Legal Aid

A government agency responsible for the funding of legal aid.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO)

Civil Legal Aid - provides funding for claimants in certain civil disputes when legal advice, mediation or representation in court are required.

Multiple Choice

Which of these is NOT one of the test criteria for Legal Aid?

• The Means Test

• The Mode Test

• The Merits Test

Multiple Choice

True or False: All Civil Cases can get Legal Aid funding

• True

• False

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What are some areas of civil law that could get legal aid funding?

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Advantages of Legal Aid

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Disadvantages of Legal Aid

Sources of Funding

Insurance

Legal expenses insurance is designed to cover the costs of legal advice and /or the costs of bringing or defending a court case.

Reasonable chance of success - The insurer will only cover the legal costs if they believe the claim has a reasonable prospect of winning in court (often defined as at least a 51% chance of success).

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What are some different types of insurance you can get?

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Advantages of Insurance

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Disadvantages of Insurance

Sources of Funding

Trade Unions

Trade Unions often provide legal services for their members in industry-related cases, such as employment issues or industrial accident claims.

Trade Unions provide their services for free as membership is already paid for.

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Advantages of Trade Unions

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Disavantages of Trade Unions

Sources of Funding

Citizen's Advice Bureau

CAB provide advice on many issues such as employment, consumer complaints, and landlord and tenant disputes.

Solicitors and barristers support CAB through Pro Bono work

All advice is free

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Advantages of Citizen's Advice

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Disadvantages of Citizen's Advice

Sources of Funding

Pro Bono

Refers to solicitors and barristers doing legal work for free.

Typically, involves lawyers and law students working on a voluntary basis for people who need legal assistance but who are no in a financial position to get proper support.

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What does Pro Bono mean?

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Advantages of Pro Bono

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Disadvantages of Pro Bono