Legal Aid (now known as Public Funding) may be available to cover the cost of initial advice or taking a case to Court. The funds are provided by the Legal Services Commission (the LSC) under a public funding franchise. Stevens have a strong commitment to this type of work and we are proud of the fact we have had a franchise ever since 1994 when the franchise scheme first came into operation.For further information, you may wish to look at the Community Legal Service web site at www.clsdirect.org.uk. You may also wish to look at the Legal Services Commission web site at www.legalservices.gov.uk
There are many different types of public funding. This site describes those which we come across the most frequently in practice.
The Legal Help scheme will allow your solicitor to provide initial advice worth up to £500. At Stevens, we use the scheme to fund Divorce and other family legal problems. The scheme does not normally allow us to represent you before a Court or Tribunal. In family matters, the scheme is subject to the "statutory charge" so you may have to repay your legal costs to the Legal Services Commission out of your matrimonial settlement. Other solicitors may be able to advise using the Legal Help Scheme in other categories, such as: Clinical Negligence, Debt, Consumer Problems, Employment, Housing,Immigration, Mental Health, Prisoners' Rights and Welfare Benefits. We may be able to help you find a solicitor dealing with these categories or you can telephone the Legal Services Commission's helpline on 0845 608 1122 for help in finding a solicitor.
In proceedings in the Civil Courts, it may be that you have no defence but that you would nonetheless benefit from representation at a hearing. For example if possession proceedings have been issued in respect of your home due to non-payment of rent or mortgage. "Help at Court" allows a solicitor to represent you in that situation.
It may be that you are going through a divorce or separation and that you have decided to attend a mediation service to try and work out an agreement with your former spouse or partner. The Mediation service will operate their own version of the Help scheme in order to fund their work. You will however still need legal advice in order to consider any agreement reached in Mediation and to convert that into a Court order. In these circumstances, provided the Mediator has assessed you are financially eligible, you will also be eligible for free legal advice from your solicitor for this purpose and the "statutory charge" will not apply.
In a divorce or separation situation you may need advice in order to try and negotiate matters relating to your finances or the arrangements for the care of your children. Provided you have already tried (or are exempt from) Mediation, you can apply for a Certificate of General Family Help. This will allow your solicitor to do a great deal more work than under the Legal Help scheme. The certificate will usually in the first instance be limited to a maximum costs figure of £1,500 and your solicitor will be able to negotiate or even issue proceedings if proceedings are necessary for the purpose of obtaining disclosure of documents in relation to financial issues. A financial contribution to the costs may be required from you on a monthly basis payable to the Legal Services Commission and the "statutory charge" will apply.
Where you are involved in Court proceedings you will need the type of public funding which covers all steps which a solicitor needs to take on your behalf. Full Representation is available in family proceedings for example to deal with financial issues which cannot be resolved through negotiation, to make applications for Residence or Contact, or to apply for an Injunction. In family proceedings you will need to have tried (or be exempt from) Mediation first. This type of public funding will also apply in any other type of legal proceedings provided they are covered by the public funding scheme and provided there is a sufficient "cost benefit" ratio. In other words, you will need to satisfy the Legal Services Commission that you have reasonable prospects of success and that the costs of pursuing the matter to court are reasonable in the light of the damages which you are likely to win. Depending on your financial circumstances, you may have to pay a monthly contribution towards your costs to the Legal Services Commission.
If you acquire, recover or preserve an asset during the course of proceedings, the Legal Services Commission will have a charge over whatever you have acquired, recovered or preserved. This is known as the statutory charge.
In family proceedings the charge applies to all types of public funding with the exception of "Help with Mediation". Consequently you need to bear in mind that eventually your legal costs will have to be repaid out of whatever property or assets have been awarded to you. However, where the settlement is used to purchase a home for you or for your dependants, and if you are not in a financial position to borrow the money elsewhere, the Legal Services Commission may be willing to postpone the charge. In that case you will only need to repay your costs when your home is eventually sold, but you will have to pay accrued interest as well as the original figure. Currently the interest accumulates at 8% simple interest per year.
In other proceedings the charge no longer applies to Legal Help (apart from Clinical Negligence matters where it does still apply). It also applies to all Full Representation Certificates but there is no possibility of postponement. You therefore need to bear in mind that your costs will need to be repaid at the end of the Court proceedings out of whatever figure is awarded in your favour.
You cannot usually have public funding for any of the following:
There may be other ways in which to fund these types of legal work. For example Personal Injury and Employment Tribunal work lend themselves to "No Win No Fee" arrangements, while many types of litigation may be funded through insurance or loan agreements tailored for the purpose. Your solicitor should be able to advise you about these schemes in further detail.
For civil and family matters, the availability of Public Funding will depend on your financial circumstances. There is a financial eligibility calculator on the Legal Services web site at www.clsdirect.org.uk.
If you think you are likely to be eligible, you will need to produce proof of your income and relevant expenses to your solicitor. You should take these with you to your first appointment. If you are not sure whether you will be eligible or not you can email us all the figures and we can try and work it out for you before you come to see us.
It is important that anyone in trouble with the criminal law be able to access good quality legal advice without worrying about the costs implications. However, there have been some recent reforms of the legal aid system, which mean that eligibility for legal aid will now often depend on your financial circumstances.
If you are arrested and taken to the police station, legal advice at the Police is always free regardless of your financial circumstances. For more serious matters which go to Court, the availability of free legal representation will depend on the seriousness of the matter and on your financial circumstances. For this reason, if you are going to court, it is important that you make arrangements for financial paperwork (e.g. payslips) to be made available to us as soon as possible so we can assess you for legal aid.
Even if you are eligible for legal aid, if the matter goes to the Crown court and you are convicted, there is also a risk that an order will be made that you repay some of your legally aided costs.
If your financial circumstances are such that you are not eligible for legal aid but you are on a low income, we may be able to act for you at reduced fees. For any query regarding arrest, criminal charges, motoring matters or eligibility for legal aid or reduced fees please do not hesitate to get in touch with us. Assessment for legal aid and for reduced fees will always be free of charge.