Legal Profession and Funding

1. Date:Sunday, 31 August 2014 Legal Profession and Funding Lesson Outcomes: Describe the qualification and role of Barristers, Solicitors and Legal Executives Describe the system of private and state funding Analyse the advantages and disadvantages of the legal profession and sources of funding • Specification links: • Barristers, solicitors and legal executives: qualification, diversity, sources of advice, and funding training and work of each group. Other sources of legal advice. • Outline of private funding: own resources, insurance and conditional fees. Outline of state funding: Community Legal Service and • Criminal Defence Service. • Simple evaluation of the legal profession, of other sources of advice and of funding. • Starter: Members of the public face three main difficulties: • Lack of knowledge • Fear of dealing with Lawyers • Cost • Think of at least one solution to each difficulty above. 1

2. Funding – Narrowing down key content 1) What was the name of the service that was set up by the Government to run legal aid? 2) Why was this service abolished in 2012 and which Act of Parliament brought legal aid within the control of the Ministry of Justice? 3) What is a service provider and how does it work? 4) What is provided within s.10(3) of the Act? Government Funding in Civil Cases 5) What is the general rule regarding legal aid for civil cases? 6) Which types of cases allow legal aid? 7) Which types of cases can no longer receive legal aid? 8) Briefly outline the following: Means testing, Disposable income, Disposable capital. 9) Summarise the problems with funding of civil cases Private Funding in Civil Cases 10) What is a conditional fee arrangement and how does it work? 11) Briefly summarise the advantages and disadvantages of CFAs. Advice in Civil Cases 12) Briefly outline the following: CLAC, CAB, Law Centre, Bar Pro Bono Unit/FRU Funding in Criminal Cases 13) Who supervises the criminal legal aid provision? 14) What is the general rule regarding legal aid in criminal cases and which Act (and section) of Parliament lays this down. 15) What is meant by the Interests of Justice test and means testing? 16) Summarise the problems with funding in criminal cases?

3. EITHER Briefly explain where a person arrested for a serious criminal offence could get legal advice and representation and outline how this could be paid for. OR Briefly explain where a person badly injured in an accident could get legal advice and representation for a civil claim for damages and outline how this could be paid for.(10 marks) Chloe has been badly injured in an accident and wants to claim compensation. Outline where she could get advice about a possible claim for compensation, and outline how she could pay for bringing such a claim. (10 marks) Legal advice can be obtained from a variety of sources other than solicitors and barristers. These include Citizens Advice Bureaux, Law Centres, trade unions, insurance companies, claims companies and the internet. Briefly describe any three sources of legal advice (other than solicitors and barristers) and outline the types of cases they can give advice on. (10 marks) Sian has been badly injured in a road accident and wants to claim compensation. Outline where she could get advice about a possible claim and outline how she could pay for bringing such a claim. (10 marks) Briefly discuss advantages and disadvantages of two possible methods of funding a civil court claim. (10 marks + 2 marks for AO3) Keith has been arrested in connection with a serious criminal offence. Outline where and from whom he could get legal advice and representation, and how this would be paid for. (10 marks) Discuss the disadvantages of the methods of funding advice and representation in criminal cases. (10 marks + 2 marks for AO3)