2. Funding Litigation

2021 ◽  
pp. 10-21
Author(s):  
Stuart Sime
Keyword(s):  
Public Funding ◽  
Legal Aid ◽  
Client Care ◽  
Professional Duty ◽  
Hourly Rate

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.

2. Funding Litigation

2020 ◽  
pp. 10-21
Author(s):  
Stuart Sime
Keyword(s):  
Public Funding ◽  
Legal Aid ◽  
Client Care ◽  
Professional Duty ◽  
Hourly Rate

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.

2. Funding Litigation

2018 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Public Funding ◽  
Legal Aid ◽  
Client Care ◽  
Professional Duty ◽  
Hourly Rate

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.

2. Funding Litigation

2019 ◽  
pp. 10-21
Author(s):  
Stuart Sime
Keyword(s):  
Public Funding ◽  
Legal Aid ◽  
Client Care ◽  
Professional Duty ◽  
Hourly Rate

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.

2. Funding Litigation

2017 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Public Funding ◽  
Client Care ◽  
Professional Duty ◽  
Hourly Rate

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements are increasingly common. They allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.

2. Funding Litigation

2016 ◽  
Author(s):  
Stuart Sime
Keyword(s):  
Public Funding ◽  
Client Care ◽  
Professional Duty ◽  
Hourly Rate

This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements are increasingly common. They allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.

11. Access to justice

2018 ◽  
Author(s):  
Steve Wilson ◽  
Helen Rutherford ◽  
Tony Storey ◽  
Natalie Wortley
Keyword(s):  
Public Funding ◽  
Access To Justice ◽  
Legal Aid ◽  
Criminal Cases ◽  
Basic Principles ◽  
Legal Representation ◽  
Legal Advice

This chapter addresses the issues and arguments surrounding access to justice. The chapter considers the recent changes and proposed changes to legal aid provision. There is an outline of the basic principles relating to public funding in both civil and criminal cases. Different methods of funding civil legal representation are discussed including CFAs and DBAs. Organisations involved in giving legal advice include Citizens’ Advice Bureaux and law centres are also included in the discussion about the availability of legal advice.

9. Funding of Criminal Defence Services and First Appearance Process

2016 ◽  
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Public Funding ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Human Right ◽  
Means Testing ◽  
The Public ◽  
Early Stages ◽  
Litigation Process ◽  
The Future

This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.

The Case for Change

2019 ◽  
Author(s):  
Richard Susskind
Keyword(s):  
Public Funding ◽  
Great Majority ◽  
The Internet ◽  
Access To Justice ◽  
Legal Systems ◽  
Human Beings ◽  
Ordinary People ◽  
Legal Aid ◽  
The World ◽  
Global Study

More people in the world now have access to the internet than access to justice. According to the Organisation for Economic Co-operation and Development (OECD), only 46 per cent of human beings live under the protection of the law, whereas more than 50 per cent of people are now active users of the internet in one way or another. Annually, one billion people are said to need ‘basic justice care’ but in ‘many countries, close to 30 per cent of problem-owners do not even take action’. As for public funding of legal and court services, it was found in a leading global study of legal aid, involving 106 countries, that around one-third ‘have not yet enacted specific legislation on legal aid’ and that the ‘demand for legal aid for civil cases is largely unmet in most countries.’4 Meanwhile, the courts of some jurisdictions are labouring under staggering backlogs—for example, 100 million cases in Brazil (as noted), and 30 million in India. Even in those legal systems that are described as ‘advanced’, court systems are under-resourced, and the resolution of civil disputes invariably takes too long, costs too much, and the process is unintelligible to ordinary people. The broad case for change is self-evident—in varying degrees, the court systems of our world are inaccessible to the great majority of human beings.

9. Funding of Criminal Defence Services and First Appearance Process

2019 ◽  
pp. 159-180
Author(s):  
Martin Hannibal ◽  
Lisa Mountford
Keyword(s):  
Public Funding ◽  
Legal Aid ◽  
Criminal Proceedings ◽  
Human Right ◽  
Means Testing ◽  
The Public ◽  
Early Stages ◽  
Litigation Process ◽  
The Future

This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.

9. Funding Access to the English Legal System

2017 ◽  
Author(s):  
Mark Thomas ◽  
Claire McGourlay
Keyword(s):  
Legal System ◽  
Public Funding ◽  
Legal Services ◽  
Legal Aid ◽  
Private Funding ◽  
Essential Information ◽  
System P ◽  
Pro Bono ◽  
The Government ◽  
The Individual

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. This chapter addresses funding access to the English legal system. Funding legal services may be provided publicly or privately. Public funding relates to funding available from the state, whereas private funding specifically refers to the assets and monetary resources available to that specific individual. Only certain individuals are entitled to benefit from public funding, whilst all persons can, in theory, privately fund legal services. Moreover, legal aid — meaning state-funded assistance in legal matters — is available in both criminal and civil cases but is restricted to narrow circumstances and types of cases. The availability of legal aid depends on several tests set by the government. Where legal aid is not available and the individual cannot privately fund their case, pro bono institutions may be available to provide advice.

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