Clinical negligence work is legally aid funded, generally in claims above
21 per cent said an advice source was too expensive. Solicitors were by far the most common target of this complaint. – Page 36
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
Comparison of legal aid systems across Europe, including average amount granted per case – Pages 45-49
Convention (page 6) gives defendants qualified right to free legal advice “when the interests of justice” so require.
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).
CAB is generally funded by the public sector (page 13).
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).
CFAs legal work is supported by after the event insurance (page 4).
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).
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
Discusses lawyers’ referral fees – per case average is 250, 700 – average is
Discusses the piloting of the LSC-funded CDS direct (page 20).
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)
Discussion of potential issues with fixed fees – Pages 114-117
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.
Document outlines how clients will pay for their legal advice – CLS, CFA, LEI (page 1).
Across Western Europe, civil legal aid only typically reaches the poorest 30-40% of a country’s population (page 10).
Corporate clients – legal departments – actively utilising LPO activities and making use of networks. Pages 2166/67
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)
Cost of mediation by CEDR was
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).
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.
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.
covers pro bono work (page 21). Suggests a fund / levy on lawyers to fund legal advice (page 21).
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.
covers that legal aid budget may be cut by
covers that, in Germany, 44% of country has legal expense insurance – so does not need elaborate legal aid system (page 77).
Different incentives for providers of legal expenses insurance – pages 5-7
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.
If you did not have to pay for your legal advice,
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
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
In this sector, an important funder is individual donations (page 1), charitable organisations, local government. Exact funding breakdown on page 18 – 20.
In 2005, LSC received
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
In Australia, per capita spending on legal aid was Aust$8.26 in 2008/2009.
Short – 16 page – paper on litigation funding (in the US). claims firms manage portfolios of cases to balance risk.
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).
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).
Report that only 29% of population is now eligible for legal aid (page 7).
Suggests a conviction surcharge that would help pay for criminal legal advice (page 47). Or an insurance scheme for business crimes.
Report covers the extent of legal aid funding in criminal cases in various EU states throughout the report.
Suggests that just under half of adult population of UK is covered by legal expense insurance (page 66) – normally as a bolt on.
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
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).
For multiparty actions the LSC only funds up to
Report on who pays for litigation funding. Various funding options summarised (page 12 onwards). Threshold for litigation funding believed to be
Funding for various types of advice providers summarised (page 13).
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
How legal services were paid for, and by matter type – page 7 and page 33
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).
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
Japanese legal aid budget summarised (page 8).
In Europe, most countries do not provide access to legal aid in police custody (page 2).
Legal aid budget coat
In France, legal advice can be provided by consumers associations, which people pay annual memberships of between
Information on legal aid changes in relation to advocacy
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)
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.
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).
Legal aid partly funds 400 of the 1,700 ASA member organisations (page 1).,
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).
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).
In relation to LSC funded work – the LSC.
Summary of expenditure on legal aid by type of firm (page 52).
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).
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).
NETHERLANDS report – Around 2.5% of legal aid clients consume 10.7% of the total legal aid budget (page 1)
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).
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
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
Page 1 ( page 25) sets out proposal for tending for bidding work for police station and magistrates courts.
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)
Page 4 – suggests that 19% of public use legal aid to pay for legal services. Disabled people 30%, BME people 29%
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).
Table shows funding streams for typical CLAC / CLAN (page 58).
The CPS currently prosecutes just over one million criminal defendants every year. The majority are in the magistrates
The English and Welsh legal aid budget was the highest funded in the world -
The report includes a description of several free advice centres, and covers who funds some of them.
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).
The taxpayer pays for council’s in-house legal bills (pervasive) but some costs are recouped via fees (page 16).
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).
Summary of what legal aid is spent on (both civil and criminal) page 8. International comparisons (page 10).
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
Summary of where legal aid and CLS advice overlap (page 35).
Summary of who funds law centres (page 13 – 14).
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).
Table (page 36) shows who are barristers’ main clients for various legal aid practice areas.