Organisation Description Year
Cornell Law School and Yale Law School

Do Lawyers Really Believe Their Own Hype and Should They?

Overconfidence as a source of over-litigation

2010
Intellectual Property Regulation Board

Percentages of trade marks and patents applied for by unrepresented applicants

Provides table of figures for unrepresented trade mark applicants dating from 2000 to 2010

2010
Price Waterhouse Coopers

Legal aid funding – current challenges and the opportunities of cooperative federalism

Austrailian study. Funding of legal aid in the country by way of comparison (page 4). Suggests new ways of arranging legal aid payments (Austrailian-specific) – page 9. More per capita funding data (page 25). More per capita comparisons with other countries (page 52).

2009
Citizens Advice

Geography of advice: An overview of the challenges facing the Community Legal Service

CAB is generally funded by the public sector (page 13).

2010
Ministry of Justice

Scoping project on no win no fee arrangements in England & Wales

CFA and DBCF funding arrangements discussed (page 3) and also after the event insurance (pages 4 -5). Trade union funding, before the event insurance (page 7).

2009
Civil Justice Council

Improving access to justice: contingency fees – a study of their operation in the United States of America – Richard Moorhead, Judge Peter Hurst, Robert Musgrove.

CFAs legal work is supported by after the event insurance (page 4).

2008
Advice Services Alliance

Lord Carter of Cole’s review of legal aid procurement

Clients who get advice from Advice Centre Alliance members generally do not pay for that advice (page 2). Report summarised which bodies Legal Services Commission pays for (page 3), and also other source of advice funding (page 3 – 4).

2005
The Law Society

More civil justice? The impact of the Woolf reforms on pre-action behaviour

Clinical negligence work is legally aid funded, generally in claims above

2002
Cardiff University

The Advice Needs of Lone Parents Richard Moorhead, Mark Sefton and Gillian Douglas

21 per cent said an advice source was too expensive. Solicitors were by far the most common target of this complaint. – Page 36

2004
European Commission for the Efficiency of Justice (CEPEJ)

European judicial systemsEdition 2008 (data 2006):Efficiency and quality of justice

Compares legal aid systems across Europe:
Legal aid is defined in the explanatory note to the Evaluation Scheme as: aid given by the State to persons who do not have sufficient financial means to defend themselves before a court (or to initiate a court proceeding). In this definition, legal aid mainly concerns legal representation before the court. However, legal aid consists also in legal advice. In fact, not all citizens who are faced with judicial problems initiate judicial proceedings before the court. In some cases legal advice can be sufficient to solve a legal issue – Page 46

Clusters the member states in five classes (from the lowest level

2008
European Commission for the Efficiency of Justice (CEPEJ)

European judicial systemsEdition 2006 (data 2004):Efficiency and quality of justice

Comparison of legal aid systems across Europe, including average amount granted per case – Pages 45-49

2006
Council of Europe

Convention for the protection of human rights and fundamental freedoms as amended by protocol no 11 with protocols nos 1, 4, 6, 7, 12 and 13

Convention (page 6) gives defendants qualified right to free legal advice “when the interests of justice” so require.

2003
Jures

Shopping Around – What consumers want from the new legal services market

Appendix 1 – Q4 – preferred type of payment structure – page 16
Appendix 1 – Q7 – No win No fee – page 16
Appendix 2 – Q2 – %age of people getting VfM- page 17
Appendix 2 – Q5 – %age of people understanding No win No fee – page 17

2010
University of Westminster

Report on costs of legal aid in other countries

England spends far more on legal aid than other countries (page 3). Stat on page 5. Funding options considered (page 8). German LEI insurance summarised. Detailed comparisons of regimes in different countries on pages 23 – 95)

2004
University of Westminster

CASE ALLOCATION IN ENGLAND John Flood

Cost of mediation by CEDR was

2005
Ministry of Justice

The market for “BTE” legal expenses insurance

Estimates that 59% of (households?) have access to BTE insurance (page 6).Typically car insurance (page 8), holiday insurance or home insurance (page 9). Typical costs on page (10). Further breakdown of types of insurance cover by types of advisor (page 12).

2007
Ministry of Justice

What’s cost got to do with it? The impact of changing court fees on users

Court users pay a large percentage of the cost for the provision of courts services – poll asked whether this was right (page viii). Report lists who pay court fees – page 1.

2007
Department for Constitutional Affairs

The independent review of the Community Legal Service

Explains how the formation of the CLSP was designed to coordinate the provision of funded advice (page 14). More details on how CLSP work is funded (page 46-47) and by whom.

2004
Solicitors Journal

No substitute

covers pro bono work (page 21). Suggests a fund / levy on lawyers to fund legal advice (page 21).

2010
Acritas

Acritas – Sharp Legal Survey 2010

Findings of a survey of high end legal buyers, 2010 brochure reports that:
53% of buyers use more than 10 law firms per year, but 28% of buyers are decreasing the number of law forms used. This is being driven by the need to reduce costs, and the ability to get a better rates by using fewer firms, and closer quality control. Good relationships with law firms are also a key driver.

2010
Solicitors Journal

The future is bright

covers that legal aid budget may be cut by

2010
Penn State University

European Commission Project Regarding Competition in Professional Services

covers that, in Germany, 44% of country has legal expense insurance – so does not need elaborate legal aid system (page 77).

2009
RIAD

Market mechanisms in dispute resolution: the position of legal expenses insurance Prof. Dr Heico Kerkmeester

Different incentives for providers of legal expenses insurance – pages 5-7

2005
FindLaw

Client Driven Innovation in Legal Services – The State of the Legal Profession, Part 1 By Andrew Zangrilli of FindLaw

Reports on large corporates demands for value billing:
Value billing can be defined in different ways in the legal context. The basic idea is that a firm prices its services based on an understanding of the client’s goals and perceived value of reaching those goals. The usual result is a predefined fee for a specified legal service.
The prevailing hourly billing method, under which law firms charge for “actual” time expended on a matter, has proved too unpredictable for corporate budgetary frameworks.

2008
Moulton Hall Market Research

Referral arrangement and legal services research report

Discusses lawyers’ referral fees – per case average is 250, 700 – average is

2007
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

Discusses the piloting of the LSC-funded CDS direct (page 20).

2008
Legal Services Research Centre

Legal advice sector workforce: Analysis of survey findings – Marisol Smith and Tania Tam

8,700 organisations delivering legal advice via public funding (page 6). Further breakdown by percentage of organisations’ total income, per region, (page 9). Some survey respondents also do pro bono work (page 27)

2006
Legal Services Research Centre

Transforming legal aid: Access to criminal defence services Dr Vicky Kemp

Discussion of potential issues with fixed fees – Pages 114-117

2010
Ministry of Justice

The extent and value of pro bono work provided by legal executives

A quarter of legal execs surveyed said they had carried out pro bono (i.e. free) legal work – page i. Frequency of provision of pro bono advice is show in graph on page 6.

2008
Gadsby Wicks Solicitors

Funding the claim

Document outlines how clients will pay for their legal advice – CLS, CFA, LEI (page 1).

2010
Tilburg University

Legal aid, accessible courts or legal information? Three access to justice strategies compared

Across Western Europe, civil legal aid only typically reaches the poorest 30-40% of a country’s population (page 10).

2010
Fordham Law Review

Supply Chains & Porous Boundaries: The Disaggregation of Legal Services, Milton C Regan Jr & Palmer T Heenan

Corporate clients – legal departments – actively utilising LPO activities and making use of networks. Pages 2166/67

2010
Civil Justice Council

Appendix to Contingency Fees – A Study of their operation in the United States of America: Improved Access to Justice

Suggest CLAS, CLAF, or SLAS funding, where ATE insurance is not available (page 5). Summarises current funding mechanisms for civil cases in E&W (page 17) and then explains them over several pages. Explains how CLAF and SLAS schemes are funded in other countries (page 41 – 46).

2008
Solicitors Journal

Rising to the challenge

Report that only 29% of population is now eligible for legal aid (page 7).

2010
Solicitors Journal

Defence mechanisms

Suggests a conviction surcharge that would help pay for criminal legal advice (page 47). Or an insurance scheme for business crimes.

2010
Criminal Justice / Open Society Institute, Intersentia / Metro

Effective criminal defence in Europe

Report covers the extent of legal aid funding in criminal cases in various EU states throughout the report.

2010
Solicitors Journal

New foundations: coordinated solutions towards a new model

Suggests that just under half of adult population of UK is covered by legal expense insurance (page 66) – normally as a bolt on.

2010
Bar Council

Report of the Analysis of Demographic Data collected from the Practising Bar in November 2007 Prepared for the Bar Council by Dr. Deborah Price and Dr. Anne Laybourne of the Kings Institute for the study of Public Policy 2010.

Report focuses on diversity findings of a survey that achieved a 35% response rate from the self?employed bar. Provides detailed tables of findings.
Found that those who do any civil work, 37.5% do no publicly funded work, 43% do some but this is less than 50%, and for 19% more than half their work is publicly funded. For family practitioners 64% undertake publicly funded work comprising more than half of their practice, and for criminal practitioners, this is 90%. – page 14

2010
Department for Business Innovation & Skills

Something for nothing? Employment Tribunal claimants’ perspectives on legal funding

Summarises four payment options in relation to employment cases (page 2). Claimants seem to BELIEVE that paying for service makes it better (page 63). Most survey participants would use funding arrangements again (page 65 – 66).

2009
Solicitors Journal

Declining popularity

For multiparty actions the LSC only funds up to

2010
Centre for Socio-Legal Studies / University of Lincoln

International conference on litigation funding

Report on who pays for litigation funding. Various funding options summarised (page 12 onwards). Threshold for litigation funding believed to be

2010
Legal Advice Sector Partnership Steering Group

Advice forward: developing skills for the future

Funding for various types of advice providers summarised (page 13).

2006
The Law Society

Earnings and work of private practice solicitors in 2007

Reporting on a representative sample of practitioners by diversity, firm size (with 2-10 partners slightly over represented) grade and age. (Pages 8-10)

Table showing the %age of private practitioners who had worked with different client types:
Private individuals without legal aid – 82%, private sector firms or companies – 64%, Overseas clients – 42%, Legally-aided private individuals – 24%, Public sector bodies – 23%, and other clients (e.g. charities, trade unions) – 21%. page 10

2008
Ministry of Justice

Baseline survey to assess legal services reform: Consumers experience of using legal services for personal matters

How legal services were paid for, and by matter type – page 7 and page 33

2010
Legal Services Board

LSB Initial consumer research – data

If you did not have to pay for your legal advice,
why not?
Because was free 36%, with legal aid 23%, insurance covered 15%
Legal aid most likely reason for ages 18-24 (31%) and 35-44 (37%)
Legal aid most common when renting a property separated from partner accused of a crime made homeless
Legal aid was most commonly used by those with income

2009
Lord Justice Jackson

Review of Civil Litigation Costs: Final Report Lord Justice Jackson

Review looking at costs of civil justice states:
Summary of peoples views on different type sof unding for litigation including – legal aid BTE & ATE insurance, CFA’s etc pages 66-145

2009
BMG Research / Skills for Justice

Skills in the justice sector: a survey of third sector employers 2009

In this sector, an important funder is individual donations (page 1), charitable organisations, local government. Exact funding breakdown on page 18 – 20.

2009
Legal Services Research Centre

Money Advice Outreach Evaluation: Qualitative Outcomes for Clients

In 2005, LSC received

2008
HMCPSI (Her Majesty's Crown Prosecution Service Inspectorate)

Report of the thematic review of the quality of prosecution advocacy and case presentation

Review of CPS advocacy looking at value for money for the CPS in using in house advocates as opposed to self employed barristers.

2007-09 the CPS introduced changes to the systems for office based magistrates

2009
Legal Services Research Centre

Legal aid in Australia: the need for fundamental national reform – David Neal

In Australia, per capita spending on legal aid was Aust$8.26 in 2008/2009.

2010
U.S. Chamber Institute for Legal Reform

Selling lawsuits, buying trouble

Short – 16 page – paper on litigation funding (in the US). claims firms manage portfolios of cases to balance risk.

2009
University of Oxford

University of Oxford questionnaire on funding, costs and proportionality

Sources of finance for bringing or defending a legal claim include -personal funding, Legal Aid, Before the event insurance, ATE insurance, Trade unions (support its members in litigation by paying the member’s own solicitor’s costs and any costs awarded to the member’s opponent. Many trade unions now insist on their members taking out legal expenses insurance to cover any liability for party and party costs, but some do not and continue to pay such costs from their own funds), Conditional Fee Agreements (agreement with a legal representative, which provides for his or her fees and expenses, or any part of them, to be paid only in certain circumstances – usually only if the client wins the case. Many law firms prefer not to run the risk of not being reimbursed for disbursements if the client should lose, and therefore have a policy of not making disbursements conditional under a CFA. They will usually make an exception for counsel’s fees).

Pages 7-9

2009
Department of Trade & Industry

A review of how other countries provide information and advice to the vulnerable on consumer and social issues

In France, legal advice can be provided by consumers associations, which people pay annual memberships of between

2006
Bar Council

Access to justice: barristers working in the public interest

Information on legal aid changes in relation to advocacy

2009
Oxford University

Note of the conference on litigation costs and funding, Oxford 6/7 July 2009

In Germany, the loser pays all costs – depending on tariff (page 1). Legal aid funds 8% of cases, insurance 43% coverage. Commercial funding and contingency fees (new). Then Australian funding arrangement (page 2), Portugal (page 2-3), Canada (page 3), Belgium (page 3). Netherlands (page 5), Poland (page 5). Latin America (page 6), England & Wales (page 6-7). New Zealand (page 9-10)

2009
Price waterhouse Coopers

Economic value of legal aid: analysis in relation to commonwealth funded matters with a focus on family law

Legal aid funding in Australia – who pays for it (page ii) and how funding has changed over time (page iii). In Queensland, 93% of legal aid cases are family law matters (page 1). More graphs on legal aid funding (pages 5 – 12) – including in comparison with England and Wales.

2009
Legal Services Research Centre

Legal expenses insurance: preconditions, pitfalls and challenges – experiences from the world’s largest legal expenses insurance market – Matthias Killian

In Germany, you CANT typically get LEI for criminal or family law (page 2). 35% of all private client funded lawyers advice in German was via LEI (page 5).

2010
Advice Services Alliance

Regulating alternative business structures

Legal aid partly funds 400 of the 1,700 ASA member organisations (page 1).,

2009
Cardiff University

Damage based contingency fees in employment cases

In relation to CFAs, even if clients pay a fee, they may still pay charges (page 7). Various payment schemes defined (page 11 – 13) and discussed. Suggests damages-based contingency fees may be prevalent in 11% of employment tribunal cases – page 15. This is expanded upon on page 29 – 30. Contingency fee arrangements not allowed for barristers (page 30). Why DBCF aren’t used (page 33). Brief discussion on legal expense insurance (page 39).

2008
Journal of Law and Society

Alternatives to public provision: the role of legal expenses insurance in broadening access to justice: The German experience – Matthias Killian

Legal expense insurance is normally bundled with car or home contents insurance in England & Wales, for a small additional premium (page 4). Standalone policies are rare and expensive. Other funding arrangements include third party funding and speculative funding (page 6-7). LEI versus legal aid per capita spending in Europe compared (page 11).

2003
Europe Economics

Report for Bar Council – A critique of the evidence used by the LSC for its BVT proposals

In relation to LSC funded work – the LSC.

2009
Ministry of Justice

Legal Services Bill – Full Regulatory Impact Assessment

Summary of expenditure on legal aid by type of firm (page 52).

2007
Ministry of Justice

Twelve months later: does advice help? The impact of debt advice – advice agency clients study – Kim Williams and Anna Sansom

LSC given

2007
Solicitors Journal

Evolution not revolution

In relation to tribunals, covers that legal advice is often paid for by legal expense insurance or union representation (page 41). Also CFAs and after the event insurance (page 42). Take-up of LEI 40-50% in Germany (page 45).

2010
Community Legal Service Support

Employing a solicitor for the first time

Summary of funding options to pay for solicitors in the advice sector – pages 6 – 8. Also summarises how clients may have to pay for legal aid work, then reclaim money (page 11).

2003
Legal Services Research Centre

About the occurrence and the coincidence of justiciable problems among citizens seeking justice within the system of legal aidMr. Dr. L. Combrink-Kuiters and Dr. S.L. Peters

NETHERLANDS report – Around 2.5% of legal aid clients consume 10.7% of the total legal aid budget (page 1)

2010
Legal Services Research Centre

Diverse forms of legal aid delivery in South Africa

In South Africa, legal aid pays for many criminal defence cases (page 20) – broken down by level of court. Summary of legal aid provision for civil cases (page 20).

2010
Bar Council

The Future of the Bar by Nicholas Green QC, June 2010

Increasingly Chambers across the Bar are finding that in many areas of work clients are moving away from instructions upon a case by case basis and seeking to outsource work en bloc. There is no automatic nexus between complexity of case and individual instructions. Some local authorities for example have taken the view that they can outsource the entirety of their legal work howsoever complex. They issue a tender document and invite Chambers to bid. This bid might be for the right to be included upon a panel of barristers or Chambers to whom instructions might be sent, but it can also be for the immediate instruction to perform a fixed volume of work over a finite period for an agreed fee i.e. a block contract. The same applies to some large corporations. Some insurance companies in particular use this method of allocating legal work. Page 32

2010
Legal Services Research Centre

Asian access to justice and reflection on four years of innovation in Japan – Tomoki Ikenaga and Keita Abe

Japanese legal aid budget summarised (page 8).

2010
Open Society Justice Initiative

The rights to early access to a lawyer in criminal proceedings in Europe: standards and practices

In Europe, most countries do not provide access to legal aid in police custody (page 2).

2009
Criminal Bar Association

Legal aid – funding and access

Legal aid budget coat

2010
Ministry of Justice

International comparison of publicly funded legal services and justice systems

Summary of legal aid expenditure 2001 / 2007 (page 4). Spending is very high compared with other countries. Summary of regime in other countries (page 8). More detailed summary of regime in other countries (page 12 – 19). Per capita spending with other countries compared (page 27).

2009
European Commission for the Efficiency of Justice (CEPEJ)

European Judicial Systems 2002

Public expenditure on courts and laid aid compared across Europe (page 19). UK at the high end – page 20 – 21. More on costs of legal aid (page 24).

2002
Legal Services Commission

Community legal advice centres and networks: a process evaluation

Table shows funding streams for typical CLAC / CLAN (page 58).

2010
Bar Standards Board

THE FUTURE OF THE BAR – The Crown Prosecution Service

The CPS currently prosecutes just over one million criminal defendants every year. The majority are in the magistrates

2010
London School of Economics

Constitutional continuity: Jack Straw speech at the London School of Economics

The English and Welsh legal aid budget was the highest funded in the world -

2009
Lawyer Locator

The Future of Small Law Firms Jeopardy or Opportunity

One of the biggest selling points that new organisations have over traditional high street firms is their willingness to offer fixed fees and approach law as a transparent business. The legacy of the billable hour may continue to dog traditional solicitors for some time, but those already taking a business approach and agreeing fees up front are reaping the benefits – Page 6

2010
Frontier Economics

The Price of Justice – Government procurement of legal aid services

Overview of issues to be considered as part of procuring legal aid – Page 2
If the price is set too high, the DCA will spend more than it needs to, and indeed
solicitors may seek to induce extra demand, particularly in periods when there is a
shortage of other business. If the price is set too low, however, solicitors will be
reluctant to supply and not everyone who is eligible will get access to legal aid

2004
The Bar Council and The Criminal Bar Association

BEST VALUE TENDERING FOR CDS CONTRACTS 2010 – THE LEGAL SERVICES COMMISSION CONSULTATION PAPER

Page 1 ( page 25) sets out proposal for tending for bidding work for police station and magistrates courts.

2009
Solicitors Journal

Worth fighting for

Up to 49% of criminal legal aid budget can be swallowed by very high cost criminal cases. Compares Germany, which has 46% population covered by legal expense insurance – compared with 1% in the UK (page 13). Discussion on the creation of Contingency Legal Aid fund to fund PI and monetary cases (page 14). Also suggested a criminal defendant levy (page 14)

2010
Solicitors Regulation Authority

A survey of public attitudes towards solicitors conducted on behalf of the Solicitors Regulation Authority

Page 4 – suggests that 19% of public use legal aid to pay for legal services. Disabled people 30%, BME people 29%

2009
Law Centres Federation

Fundamental Legal Aid Review

Summary of who funds law centres (page 13 – 14).

2004
Legal Services Research Centre

Legal expenses insurance: preconditions, pitfalls and challenges – Matthias Killian

Survey compares market penetration of legal expenses insurance in various EU states. GB stated as having 9.8% take-up, compared with 44.0 in Germany (page 2). Further breakdown of who pays for what type of legal advice, and how often, on page 7 and 9. By firm size instructed (page 10). Legal aid funding and expenses insurance funding compared, between countries (page 11).

2010
Department for Constitutional Affairs

A market analysis of legal aided services provided by barristers

Table (page 36) shows who are barristers’ main clients for various legal aid practice areas.

2004
Skills for Justice

Supporting the implementation of NOS in the Legal Advice Sector and associated toolkit

The report includes a description of several free advice centres, and covers who funds some of them.

2007
Ministry of Justice

Study of legal advice at local level

Summary of some of the key sources of funding of the subjects of this report – page 13). Summary of amount paid for legal aid provision (page 36), and how it compares with the rest of the world (page 37). Funding for the advice sector summarised (page 73 onwards).

2009
Audit Commission

Sheffield City Council – legal servicesBest value inspection service

The taxpayer pays for council’s in-house legal bills (pervasive) but some costs are recouped via fees (page 16).

2001
Legal Services Research Centre

Targeting and access to justice: an introduction to legal aid reform in England & Wales – Pascoe Pleasance

Summary of what legal aid funded (at time paper was delivered) – page 3 onwards. Also what it costs the public purse (page 5). Demand increased 14-fold in ten year period to 2000/01 (page 8).

2001
Cardiff University

The role of legal aid in the justice system Richard Moorehead Westminster Legal Policy Forum 2010

Summary of what legal aid is spent on (both civil and criminal) page 8. International comparisons (page 10).

2010
Kings College London

The Work of the Family BarReport of the Week-At-A-Glance Survey 2008Debora Price PhD & Anne Laybourne MSc

Ways in which case were funded in a survey of Family Barristers:
Forty-five per cent of cases were undertaken under the legal aid graduated fee scheme. Just over a quarter of cases (27%) were funded by private clients other than the local authority. Fifteen per cent were funded by the local authority. Five per cent were barristers undertaking work at solicitor

2008
Legal Services Research Centre

Understanding advice seeking behaviour: further findings from the LSRC survey of justiciable problems

Summary of where legal aid and CLS advice overlap (page 35).

2004
Legal Services Board

LSB Initial consumer research – Summary

Around four in ten of those sampled were not confident that they could judge how good a service from their lawyer was. Furthermore, two thirds would not know how to go about making a complaint if they were unsatisfied with the service they received. the same proportion of people thought that they could not judge how good a service from an accountant was. More felt unable to judge service from MPs and financial advisers. Professions that consumers felt better able to judge included GPs, teachers and police officers.
In the end, despite their belief that they could not judge the quality of service, two-thirds said that they would recommend their lawyer.

2009
Cardiff University

Litigants in person Unrepresented litigants in first instance proceedings Professor Richard Moorhead and Mark Sefton Cardiff University

It is sometimes suggested that it is common for unrepresented litigants to ‘lawyer shop’ by repeatedly instructing then sacking lawyers when they become unhappy with the advice or service they receive. We have some evidence relevant to this. There were no cases involving unrepresented litigants that interspersed periods of non-representation with more than one period of representation (multiple representation) suggesting that ‘lawyer shopping’ interspersed with periods of non-representation is rare. We did notice in passing that there were some family cases involving wholly represented parties who changed their lawyers, sometimes several times, but because these cases did not involve periods of non-representation we did not collect detailed information on them.

2005
Legal Services Research Centre

Criminal Case Profiling Study: Final report 2001 Pascoe Pleasance Hannah Quirk

Reporting on Criminal Legal Aid:
Some clients changed solicitors during the conduct of their cases for reasons that were not always from the file. There are many potential reasons for such changes. Some clients seek alternative representation after charge if they have a firm they usually instruct, or if a different firm is recommended to them subsequently, particularly if they are novices (NE/9). Alternatively, a client might develop a grievance with the handling, or the result, of their case and instruct a new firm either to take over matters or to initiate an appeal. Conflict of interests between co-defendants might arise, requiring one or more of them to seek alternative representation.
A change of solicitor requires authority for a transfer of legal aid and not all requests are granted. Within the sample files, there were a number of instances where judges refused to transfer legal aid. Nevertheless, it was indicated that there had been a change of solicitor in 14.2% of all files containing sufficient information. 13.1% of files had been transferred from another solicitors

2001
Society of Trust & Estate Practitioners

Trusted advisor: THE FUTURE A report on the future of UK trust and estate practice by the Society of Trust and Estate Practitioners

Suggests that clients will be more inclined to shop around in the future. Page 16

2010
Vanilla Research

Referral Arrangements Research

Report indicates that consumers generally shop around for legal advice (page 11).

2010
Department for Constitutional Affairs

Quality in the legal services industry – a scoping study

Research suggests that only a minority of consumers shop around for legal advice (page 5). Further information about consumers tendency not to shop around on page 28.

2005
Solicitors Regulation Authority

Consumer attitudes towards the purchase of legal services

Summaries results of 40 intervies by GFK, report states that:
Consumers tend to go with a provider reccomeded by a firm, do limited research about different providers, are loyal to previous providers. – page 5
Consumers look for an established provider based on a recommendation from someone they trust, evidence that the provider is experienced in legal practice, and evidence that a provider specialises in there required areas. Confirms service standards and price assessed after purchase.
Consumers see solictor as a indication of quality, and gives them confidence they are purchasing services from a reliable provider. Assume all professionals and staff are qualified to do thier job. – Page 6
Consumers expect all legal services to be regulated, and expected levels of protection similar to existing regulation. Page 7
Consmers unclear as to what represnts good value for money – Page 8

2011
Department for Business Innovation & Skills

Something for nothing? Employment Tribunal claimants’ perspectives on legal funding

Discussion about whether claimants understand how their advice is being funded (page 29 – 30). And it might not be an issue if their insurer or trade union is funding the case (page 31). But the issue of additional expenses is contentious (page 32 – 38) – even VAT. Discussion about fee explanation (page – 39 – 43). And whether people were happy with final costs (page 43 – 46).

2009
Communications Consumer Panel

Behavioural Economics and Vulnerable Consumers

In other sectors (not law) some people who switch supplier end up paying more (page 11).

2010
Civil Justice Council

Improving access to justice: contingency fees – a study of their operation in the United States of America – Richard Moorhead, Judge Peter Hurst, Robert Musgrove.

In the US, clients shop around on the basis of contingency fee percentages (page 9)

2008
University of Louisville

Ethics and hourly billing University of Louisville – Grace M. Giesel

Paper reports how (small) sample of US lawyers admit to overbilling (page 19) – examples of how.

2008
Legal Services Research Centre

Report of the 2007 English and Welsh Civil and Social Justice Survey

Adverse consequences of Civil Justice problems – pages 36 – 39

2008
Legal Services Research Centre

Report of the 2006 English and Welsh Civil and Social Justice Survey

Adverse consequences of Civil Justice problems – pages 37 – 40

2007
Legal Services Research Centre

Causes of Action: Civil Law and Social JusticeThe Final Report of the First LSRC Survey of Justiciable Problems – Revised 2nd Edition

Adverse consequences of Civil Justice problems – pages 60 – 66

2006
Jures

Shopping Around – What consumers want from the new legal services market

Appendix 1 – Q3 – willingness for LEI – page 16
Appendix 2 – Q6 & 7 – views on legal aid and income – page 17

2010
U.S. Chamber Institute for Legal Reform

Selling lawsuits, buying trouble

Argues that litigation funding increases the number of claims without merit (page 4).

2009
Civil Justice Council

Response to Consultation on Court Fees – July 2004

Constant increases in court fees could lead to a situation where certain groups in the population may no longer be able to afford to undertake litigation. The Council does not believe the current exemption and remission scheme is sufficient to guarantee access to justice.

2004
Audit Commission

Sheffield City Council – legal servicesBest value inspection service

Councils experience peaks and troughs in demand for in-house legal services – debate on how to deal with them (page 18).

2001
Ministry of Justice

The market for “BTE” legal expenses insurance

covers data monitor report on PI trends (page 19).

2007
The Law Society

More civil justice? The impact of the Woolf reforms on pre-action behaviour

18% drop in housing disrepair legal aid certificates between 1999 and 2000 (page 289).

2002
Cardiff University

The Advice Needs of Lone Parents Richard Moorhead, Mark Sefton and Gillian Douglas

21 per cent said an advice source was too expensive. Solicitors were by far the most common target of this complaint. – Page 36
for many of the lone parents, cost was an important factor in whether they would seek advice not only from solicitors, but right across the board. Cost also limited the extent to which advice continued over time. Several focus group participants had not continued with, or reinstructed, solicitors because of cost issues. Even the cost of making telephone calls and/or using the internet was a problem for many.
Page 37

With regard to accessibility, 61 per cent of respondents felt that telephone advice was cheaper than travelling to a local advice agency, but 36 per cent regarded using the telephone as too expensive. – page 62

2004
Legal Advice Sector Partnership Steering Group

Advice forward: developing skills for the future

Demand for legal services sector increasing (page 15).

2006
Fordham Law Review

Teams of rivals? Towards a new model of the corporate attorney / client relationship

Some law firms shed 25% of their associates during the downturn in a single year (page 730).

2009
University of the West of England and Cardiff University

Demand Induced Supply?

Drivers for demand for criminal defence work

2005
Fordham Law Review

Teams of rivals? Towards a new model of the corporate attorney / client relationship

Some law firms shed 25% of their associates during the downturn in a single year (page 730).

2009
University of Westminster

CASE ALLOCATION IN ENGLAND John Flood

Gives breakdown of applications before Court of Appeal – suggesting that demand is elastic (page 20 – 21).

2005
Ministry of Justice

Study of legal advice at local level

Summary of how demand for certain types of law advice had increased as the recession took hold (page 21 onwards).

2009
RIAD

Market mechanisms in dispute resolution: the position of legal expenses insurance Prof. Dr Heico Kerkmeester

In an English report (P. Fenn, A. Gray, and N. Rickman, The Impact of Sources of Finance on Personal Injury Litigation: An Empirical Analysis, Research Report, Department for Constitutional Affairs (U.K.), 2002.) it turned out that legal aid finance increased delay by around 11% relative to legal expenses insurance, controlling for all other factors.
An explanation is that claims that are legally aided are relatively immune to cost pressures. The Swedish experience shows that a
shift from legal aid to legal expenses insurance results in less court
cases. Page 9

2005
Legal Services Board

Referral fees – access to justice or road to hell

Summary of number of RTA claims (page 9).

2009
Solicitors Journal

Sharing the pain

Incidents of legal assistance in 2008 – 2.5m, in 2009, 2.9m (page 52).

2010
Citizens Advice

Advice trends – January – March 2010

Survey shows how demands for different type of Citizens Advice has varied between two quarters (page 2). Further trends (page 4 onwards).

2010
Legal Services Board

Legal Advice for Small Businesses Qualitative Research

Indication of cost as last resort -
Less formal free routes exploited in the first instance for small businesses – slide 23
Formal legal service providers used for routine and reactive advice seen as quick and efficient but expensive and associated with very negative issues. Slide 24
Limited understanding of different types of lawyer – slide 26
Usual route is to use less formal legal service first including friend family peers colleagues, accountants, internet, trade associations legal help lines government departments CABs- slides 27-33

Perceived high cost is seen as main barrier to accessing legal services – slide 36

2010
BMG Research / Skills for Justice

Skills in the justice sector: a survey of third sector employers 2009

This report suggests demand for services in this sector is broadly consistent (page 71).

2009
Legal Services Research Centre

Targeting and access to justice: an introduction to legal aid reform in England & Wales – Pascoe Pleasance

Number of legal aid cases dealt with, between 1996 – 2001 (page 6).

2001
Department for Constitutional Affairs

Family Justice System Stasticial Bulletin, 2002 data – Matthew Bollington

Report documents demand for family law services, but does not indicate which legal service providers were used.

2003
University of Huddersfield

Training and regulating those providing publically funded legal advice services – a case study in civil provision

covers supplier-induced demand (page 11) – i.e. taking on cases with little merit.

2009
Nottingham University Business School

Fees for Family Barristers: A statistical Analysis

Report indicates that while the volume of private family law cases in which counsel has been involved has remained stable since 2001, the number of publically funded family law cases in which counsel has been involved has increased (page 5). Graph on page 6.

2007
Ministry of Justice

Monetary claims in the county courts (1996 – 2003)

Decline in demand for civil claims in the county court between 1997 – 2003 – page 3.

2010
Centre for Crime and Justice Studies

CDS Direct: Flying in the face of the evidence

Report suggests that when telephone advice for police station is offered, take-up increases compared with in-person advice (page 35). CDS Direct caseload projections (page 35)

2008
Ministry of Justice

International comparison of publicly funded legal services and justice systems

Demand for divorce advice summarised over time (page 30). Demand for criminal court services (page 33).

2009
Legal Services Research Centre

The Audacity of Justice: Recession, Redundancy, Rights and Legal Aid

Report suggests that, as unemployment goes up, so does the number of CAB enquires (page 1) and to other advice providers (page2).

2008