Access to Justice and Legal Aid

Lawyers and justice
These are mandatory Principles which apply to all. You must: 1. uphold the rule of law and the proper administration of justice;” (SRA Code of Conduct)
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Law Society and Access to Justice
We are campaigning to improve access to justice for all, regardless of social background or wealth.” We also work to ensure that no-one is above the law and to protect everyone's right to have access to justice.
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At firm level
promote fairness and justice in the legal system and, where we can, in society.”
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Paths to Justice (1999)
Very few people go directly to advisers and try to solve problem with other party. Fewer than half who tried achieve a solution.
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Key stages in the development of Legal Aid
After WWII there are NHS, welfare benefits, nationally funded legal aid scheme- based on idea that state pay for a lawyer if u cant afford one
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Criticisms of the Legal Aid Scheme
Very little changed in law- model of small high street firms didnt change. All that changed was who was paying- criticised as not developing organised pattern for how geographical areas are served by different providers for different needs.
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Sense that people involved didnt have expertise of experience in dealing with problems that poor people were facing- these were traditional lawyers,
no huge experience in debt, employment issues or immigration issues. They have very particular needs and lawyers are not always trained to properly deal with these problems (critics from the left)
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What did critics from the right criticise?
How much it costs
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LASPOA – Main Changes
Changes to the Scope of Legal Aid (See Schedule 1 of the Act). Includes for example, significant areas of Family Law. Also, key areas of social welfare law, including Advice on immigration, welfare benefits, all other debt, housing and employment cas
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cases and many education cases are out of scope for public funding.
Victims of Domestic Violence – Trigger Evidence Eligibility: Stephen Cobb notes that 97% of legally aided parties are now in the bottom two income quartiles in the country (Cobb, 2013)
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Bach Commission: 5 key problems
1. Fewer people can access financial support for a legal case. 2. Exceptional case funding has failed to deliver for those in need. 3. Public legal education and legal advice are inadequate and disjointed
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4. Bureaucracy in the Legal Aid Agency is costly and time-consuming. 5. Out of date technologies keep the justice system wedded to the past
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Other cards in this set

Card 2

Front

Law Society and Access to Justice

Back

We are campaigning to improve access to justice for all, regardless of social background or wealth.” We also work to ensure that no-one is above the law and to protect everyone's right to have access to justice.

Card 3

Front

At firm level

Back

Preview of the front of card 3

Card 4

Front

Paths to Justice (1999)

Back

Preview of the front of card 4

Card 5

Front

Key stages in the development of Legal Aid

Back

Preview of the front of card 5
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