Help with legal costs.

This information applies only to England and Wales.

The legal help scheme.

The legal help scheme allows people with low income to get free legal advice and assistance from a solicitor or other organisation. The solicitor or organisation has to have a contract with the Legal Services Commission (LSC) to be able to provide legal help under this scheme. The scheme used to be known as the Green Form Scheme.

What does the scheme cover

The legal help scheme covers help from a solicitor including general advice on any legal problems, writing letters, negotiating, getting a barrister's opinion and preparing a written case for a tribunal. The scheme will not pay for being represented by a solicitor in court, (although the help at court scheme and the controlled legal representation scheme might - see under heading The help at court scheme or under heading The controlled legal representation scheme). The scheme may cover the costs of mediation. (Mediation is a process of negotiation where the parties are helped by a neutral mediator who assists them to find a mutually acceptable resolution).

Legal problems covered by the scheme

The legal help scheme covers advice on general legal problems including advice on the following:-

• undefended divorce, maintenance or disputes over children,
• conveyancing necessary to carry out a court order or following a divorce settlement or legal separation,
• contested adoptions,
• preparing for tribunals, for example, unfair dismissal or unified appeal tribunals (for benefits appeals),
• making a will if someone is 70 or over or is a disabled, or is a parent making provision for a disabled child or is a single parent appointing a guardian,
• accident claims - advice, preparing a case for criminal injuries compensation, getting medical reports.

• help may be provided only where it can be shown there is a benefit to the person,
• help may be provided only if it is reasonable for the matter to be funded.

How much work is covered by the scheme.

The legal help scheme covers two hours worth of work by a solicitor (three hours in cases of divorce or judicial separation). The solicitor can apply for extra time to finish the work under the scheme. This is usually known as an extension.

• help may be provided only where it can be shown there is a benefit to the person,
• help may be provided only if it is considered reasonable for the matter to be funded.

What are the financial conditions for the scheme?

Capital

If a person has capital of over £1000, s/he will not be eligible for help under the legal help scheme. This limit is for a person with no dependants.

Income

If a person is claiming income support or income-based jobseeker's allowance s/he will be deemed to have an income and capital within the limits to qualify for the legal help scheme.

If a person is not receiving income support or income-based jobseeker's allowance, eligibility will depend on disposable income.

If a person is receiving working families' tax credit or disabled person's tax credit s/he may be eligible for free legal help, depending on the amount of her/his award.

Disposable income is the amount of income someone has after deductions have been made for national insurance, tax and dependants' allowances. A deduction will be made from a person's weekly income for any dependent partner or children living in the person's household.

If a person has a partner, her/his partner's income and capital may also be taken into account, except where this is inappropriate, for example, where there is a conflict of interest between them.

If a person's disposable income is £84 or less per week, s/he will get free legal help.

If a person's disposable income is over £84 per week or more, s/he will not be eligible for legal help.

Extra costs the person may have to pay

If a person is awarded money or property as a result of advice or assistance under the legal help scheme in a family case, the solicitor's costs may be taken from the award. The person will receive what is left. In some cases, however, solicitor's costs will not be taken from the award, for example, in family mediation cases or if the money is for maintenance. Also, if the solicitor or organisation providing legal help believes it would cause grave hardship or distress to their client if they deducted the costs, they need not deduct the costs. The costs will not be deducted if the solicitor or organisation believes it would be too difficult to enforce the deduction.

A person should ask the solicitor whether costs could be taken from any award before deciding whether to go ahead with the case.

A solicitor may need more than the two hours (three hours for divorce or separation cases) limit set under the legal help scheme to finish the work, and in these cases, may be able to extend the time. Also, there is a financial limit to the work that the solicitor or organisation can do. If the work would cost more than this limit, the solicitor or organisation will need the permission of the Legal Services Commission (LSC) to extend the limit. The solicitor or organisation must not carry out further work unless the extension has been granted. If the extension is not agreed, the person will have to pay the full amount for the work to be completed.

How to apply

If a person qualifies for the legal help scheme, s/he will need to see a solicitor, or organisation with a contract to provide legal help under the legal help scheme. The solicitor will ask her/him to fill in an application form at the start of the interview. The solicitor will then be able to decide whether a person qualifies.

The help at court scheme

In some cases, a person is allowed to have a solicitor or representative at court with her/him. These cases are those where there is no real defence but where a person needs help to present issues to the court. Examples of cases where help at court could be given include:-

• a debt case where the only issue is when and how the debt is to be paid,
• where there is a dispute about the amount of rent or mortgage and the lender or landlord has taken legal action to repossess the property.

Controlled legal representation

The controlled legal representation scheme means that free representation will be given to someone:-

• appearing before a Mental Health Review Tribunal. There are no financial eligibility limits; or
• appearing before an Immigration Appeal Tribunal or immigration adjudicator. The same financial limits apply as for the legal help scheme - see under heading The legal help scheme.

Publicly-funded legal representation

Publicly-funded legal representation provides publicly funded legal services for all the work leading up to and including representation by a solicitor or barrister in civil court proceedings.

The granting of publicly-funded legal representation is generally subject to someone having income and capital within specified limits.

Being granted publicly-funded legal representation also depends on whether the persons case meets the criteria applicable to the type of case and the form of publicly-funded legal representation s/he is applying for. This includes the Legal Services Commission (LSC) considering it reasonable to fund the case.

There are different forms of publicly-funded legal representation and the type of help required will depend on the type of case and the work required to help resolve the case.

For more information about the different types of publicly-funded legal representation you should contact your local Citizens Advice Bureau.

Which courts are covered by publicly-funded legal representation

In England and Wales the most common courts which are covered are:-

• County courts (except cases allocated to the small claims track),
• Magistrates' courts - for civil proceedings such as matrimonial cases,
• High Court and Court of Appeal,
• appeals to the House of Lords.

Publicly-funded legal representation does not cover representation at a Coroner's Court or at most tribunals except for:-

• the Employment Appeal Tribunal
• Lands Tribunals.

Which cases are covered by publicly-funded legal representation

Examples of cases covered publicly-funded legal representation:-

• housing - including eviction, repairs, rent arrears etc.
• debts - to recover debts by going to court
• consumer problems - compensation for faulty goods or services
• dismissal - the preparation of a case before the Employment Tribunal but not representation at the Employment Tribunal itself
• appeals to the High Court from tribunals such as appeals from Social Security Commissioners' decisions and High Court immigration appeals.

Personal injury cases are not generally covered by publicly-funded legal representation because people wishing to take such cases are expected to enter into a conditional fee agreement with a solicitor. However, if the overall costs are expected to be unusually high, some publicly-funded legal representation may be available.

For further information about conditional fee agreements and publicly-funded legal representation for personal injury cases you should contact a Citizens Advice Bureau.

Publicly-funded legal representation may cover the costs of non-family mediation as well as those of court proceedings. Mediation is a process of negotiation where the parties are helped by a neutral mediator who assists them in finding a mutually acceptable resolution on major disputes. For the purpose of publicly-funded legal representation, the term 'mediation' covers both commercial mediation and community mediation or conciliation. Work in relation to mediation will be paid for only if it is considered to be reasonable.

Some family cases will be considered more suitable for family mediation through publicly-funded legal representation rather than publicly-funded legal representation being made available for court proceedings.

How to qualify for publicly-funded legal representation

The Legal Services Commission (LSC) must agree that someone has a reasonable case and that the case meets the criteria applicable to it, and the form of publicly-funded legal representation applied for,

and

the person's income and capital must be below certain limits.

Capital

Someone will qualify for free publicly-funded legal representation if s/he has capital of under £3,000 or if s/he is on income support or income-based jobseeker's allowance, whatever her/his capital.

If s/he has capital of £3,000 or more, s/he may have to pay a contribution or may not get publicly-funded legal representation at all, depending on the amount of capital, and the type of case.

Income

Eligibility for publicly-funded legal representation depends on disposable income. Disposable income is the amount of income a person has after deductions have been made for national insurance and tax, rent, council tax, other necessary expenses and dependants' allowances. If someone has a partner, her/his partner's income and capital may also be taken into account, except where this is inappropriate, for example, where there is a conflict of interest between them.

A person will not be eligible for if s/he has a disposable income of over £8,067.

A person will be eligible for publicly-funded legal representation but must pay a contribution if s/he has a disposable income of over £2,723 and below £8,067.

A person will be eligible for free publicly-funded legal representation (with no contribution) if s/he has a disposable income of £2,723 or below.

Extra costs people may have to pay

If a person is awarded money or property as a result of work carried out through publicly-funded legal representation, the solicitor's costs may be taken from the award. The person will receive what is left. In some cases, however, the solicitor's costs will not be taken from the award, for example, if the money is maintenance or state benefits. The person should ask the solicitor whether costs could be taken from any award before deciding whether to go ahead with the case.

If a person receives publicly-funded legal representation and loses the case, s/he may be ordered to pay the legal costs of the other side if the court considers this would be reasonable.

How to apply

A person should apply through a solicitor who does publicly-funded legal representation work. S/he will ask the person to fill out an application form, which includes details of the person's income and capital. The solicitor will then send the form to the LSC, which will assess the person's financial eligibility for publicly-funded legal representation.

If publicly-funded legal representation is granted but the person receiving this help is also required to pay a contribution, the contributions must be paid monthly, for as long as the case lasts.

Legal aid for criminal proceedings

For cases involving criminal proceedings people may be eligible for help through legal aid. This could cover the cost of representation by solicitors or barristers, and for bail applications. Getting criminal legal aid depends mainly on whether it is 'in the interests of justice' that the defendant is legally represented.

Criminal legal aid depends on a person's income, savings and dependants. A person may get free criminal legal aid, or have to pay a contribution. If a person's resources are sufficient to pay for the estimated likely costs of the case, criminal legal aid may be refused.

Criminal legal aid does not cover an individual who brings a criminal prosecution her/himself.

Which cases are covered by criminal legal aid

Criminal legal aid is usually granted in the following cases:-

• if the defendant is likely to go to prison if convicted
• if the defendant is likely to lose her/his job if convicted
• if the defendant cannot follow what is happening in the trial because of mental or physical disability or language problems
• where children are involved in care proceedings, an application for a contact order (if they are the subject of a care order), or adoption proceedings in the magistrates' courts
• to children or their parents, if a child is charged with or convicted of a criminal offence
• for appeals against criminal court decisions
• contempt of court proceedings.

Minor offences such as motoring offences are not usually eligible for criminal legal aid.

How to apply

A person can obtain forms from the court dealing with the case and it is normally advisable to take these to the solicitor whom the person wants to represent her/him. This is because a solicitor's advice can be useful when filling in the form or if any problems arise later. The legal help scheme can pay for this advice, if the person is eligible. The form should be returned to the court who will decide whether to grant criminal legal aid.

How contributions are worked out

People on income support will get free criminal legal aid. In all other cases, a full assessment will be made by the court and the person may have to pay contributions. If someone has a partner, her/his partner's income and savings will also be taken into account. If a person is receiving working families' tax credit or disabled person's tax credit s/he may be entitled to criminal legal aid, depending on her/his income.

Other sources of legal help

Depending on the nature of the matter a person may be able to get legal help from other sources. Some of these are listed below.

Fixed fee interview

Some solicitors may give up to half an hour's legal advice for a fixed fee (not more than £25). Some schemes may offer free advice. This can be useful for someone who wants to get an idea of whether s/he has a case which is worth defending or pursuing.

The fixed fee interview scheme does not depend on the person's income or savings, the charge will be the same for everyone.

Your local Citizens Advice Bureau will refer you to solicitors who can offer this service.

Accident Line

This scheme offers a free initial interview with a solicitor to someone who has suffered personal injury because of an accident. All solicitors taking part in the scheme are specialists in personal injury work. There is a freephone number to call to obtain details of participating firms. The number is 0500 192939.

Trade unions

Trade unions may provide free legal representation for all accidents during working hours or travel to or from work. Free union representation may be better for a person than publicly funded legal services. This is because the person will not have to make a financial contribution.

Motoring organisations

Motoring organisations, for example, AA/RAC, may offer a cheap or free legal advisory service if the person is a member.

Legal expenses insurance

Some insurance companies offer policies which cover the expenses of certain legal matters, for example, consumer disputes, personal injuries, employment problems and motoring offences. It is important for someone to consider carefully what the policy offers. Many policies will exclude certain kinds of legal expenses of, for example, matrimonial disputes, or may not meet the total cost of claims that are covered.

Other organisations, for example, the Consumers' Association, offer a legal advisory service to people who pay a subscription.

Law centres

In some areas there are law centres which give free legal advice. The cases that they tend to specialise in are housing, employment, immigration, juvenile crime and welfare benefits. A law centre may take up a case where publicly-funded legal services is not available, although some may also provide publicly-funded legal services.

A person can get the address of her/his local law centre from the Law Centres Federation. The address of the Law Centres Federation is:-

Duchess House
18-19 Warren Street
London
W1P 5DB
Tel: 020 7387 8570
Fax: 020 7387 8360
E-Mail: info@lawcentres.org.uk
Website: www.lawcentres.org.uk

Conditional fee agreements

In all civil non-family cases a person may enter into a conditional fee agreement with her/his solicitor. This means that if s/he loses the case, s/he will only have to pay the costs of the other side and, depending on the agreement, the solicitor's expenses, including any barrister's fees. If s/he wins the case, s/he will pay her/his solicitor a higher fee. In certain personal injury cases, a person can take out a special insurance policy which can cover her/his costs if s/he loses the case.