Legal Services State Support’s Post

Call for Evidence from Civil Legal Aid Practitioners The Department of Justice has released a Call for Evidence from legal practitioners as part of a Foundational Review of Civil Legal Services.  The Review intends to be a holistic review of civil legal aid provision in this jurisdiction, what can be learned from comparative reviews and what can be learned from those needing legal assistance and those delivering civil legal aid provision. Views are sought from practitioners in all areas of civil practice (including Family Law) who seek public funding for clients accessing justice.  The Call is set out in five parts: • Part 1 – About you and your place of work • Part 2 - Access to Justice – Civil Legal Aid provision in Northern Ireland • Part 3 – Review of Civil Legal Services • Part 4 - Prioritisation of Legal Aid Budget • Part 5 - Potential Opportunities for Reform The Society invites practitioners to complete the Call for Evidence and submit it to the Department in advance of the closing date on 18th June 2024. Please use this link to access details - https://lnkd.in/dFaZjkJX _____________________________________________________________________ Criminal Justice Inspection Northern Ireland Report – Review of Effectiveness of Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021   The Criminal Justice Inspection Northern Ireland has published a Report on Part 1 of the Domestic Abuse and Civil Proceedings Act (Northern Ireland) 2021 reviewing it effectiveness since commencement on 21st February 2022. This is the first review of the Act which included a police and prosecution case file review to provide evidence of how the Act’s offences and aggravators were identified and investigated and how prosecution decisions were made in each case. The Review also considers the operation of the waiver introduced by the Legal Services Agency in respect of certain cases involving Domestic Abuse - see paras 6.24 - 6.29 (pp 84-85). The Report makes eleven recommendations for improvement to ensure the intent of the legislation is realised. A second Review will take place next year and will include a focus on the recommendations in this Report and their implementation. The full Report is available in this link: https://lnkd.in/dVtpy_wp

LEGAL NEWS: The Law Society asks family lawyers to help paint fuller picture of legal aid sustainability crisis. Family lawyers are being urged to help The Law Society lay bare the economic reality of doing legal aid work to show the government why more cash is needed to save the fragile sector. In February, The Law Society published the results of its analysis of data from housing legal aid providers. President Nick Emmerson said 'It provided us with vital information as we continue to lobby the Ministry of Justice to make real and lasting changes to the civil legal aid market and ensure its future.' The Law Society is now embarking on the next stage of research, family law providers. They are calling on the profession to help with their research so they can get a fuller picture of the issues facing the sector and continue to provide evidence as to why the UK government should invest in civil legal aid. In its submission to the ministry's call for evidence, Chancery Lane said the introduction of fixed fees in 2009 combined with the scope of legal aid cuts in 2013 caused major problems. The Society has called for legal aid funding to be restored for early advice in all private law family cases, higher fees for early advice in public law family cases and solicitors to be given delegated powers to confirm that a client is a victim of domestic abuse. Read the full article at: https://lnkd.in/e-QQ-qjC #legalnews #industrynews #thelawsociety #legalaid #familylaw #expertwitness #solicitor #barrister

Something needs to change. I don’t think the general public realise the impact of a failure to raise legal aid rates. Across all areas of law, legal aid is loss making. The result is that good firms are forced to cut or stop legal aid work. It doesn’t help that there has been a relentless assault on ‘lefty lawyers’ by the government (aka lawyers doing what they are meant to do, representing their clients and upholding the rule of law). The perception of the public is based on some fantasy US legal drama portrayal of ‘fat cat lawyers’ gaming the system. Not the daily reality of legal aid lawyers doing everything they can to keep representing clients who would otherwise be unrepresented. When the systems in place to ensure everyone can access justice collapse, the impact on society as a whole is devastating.

When did you last get a pay rise? Last year? The year before? The providers of civil legal aid have not had their fees increased by the government for … wait for it…twenty eight years. Yes that is not a typo. 28 years. The fees that legal aid providers can get from the government are the same today as they were in 1996. Doing a rough inflation calculation, we reckon that legal aid fees should now be nearly TREBLE the fees being offered. So if you can’t find a family mediation service which offers legal aid, it is because the fees are so low. Family legal aid is a ‘loss maker’ for half of providers Just one in three private law family legal aid providers cover their costs when they offer the service to clients. They attribute this to a combination of low legal aid fees, the high cost of of delivering that legal aid and the delays in receiving payment from the government. Those firms who still offer legal aid are only able to do so by subsidising the service using the money they make from other clients. #mediation #legalaid #surreymediation

The role of legal aid in promoting access to justice Read the article about India In promoting access to justice, legal aid plays a significant role in ensuring that individuals have the opportunity to seek legal representation, regardless of their financial status. Legal aid organizations provide free or low-cost legal services to those who cannot afford traditional legal fees. This vital support helps bridge the gap between the need for legal assistance and the ability to access it. **Importance of Legal Aid:** - It ensures that all individuals, regardless of income, have equal access to the justice system. - It helps disadvantaged and marginalized communities receive fair treatment in legal proceedings. - Provides legal assistance in areas such as family law, housing disputes, consumer rights, and more. **Examples of Legal Aid Organizations:** - Legal Services Corporation (LSC) in the United States. - The Legal Aid Society in the UK. **Impact of Legal Aid:** - Helps individuals understand their legal rights and options. - Prevents individuals from being unrepresented and disadvantaged in legal matters. - Contributes to a fairer and more equitable justice system. **Challenges and Improvements:** - Legal aid funding limitations can restrict services. - Collaboration with pro bono services and technology can help reach more individuals. **Conclusion:** Legal aid is essential in promoting access to justice and ensuring that everyone has a fair chance to navigate the legal system. By supporting legal aid organizations, we can work towards a more inclusive and accessible legal framework for all. The role of legal aid in promoting access to justice

Early legal advice is so important in helping people resolve family law issues more quickly and avoiding court if at all possible. The removal of legal aid for the majority of cases has had a huge effect on access to justice and court delays - legal aid eligibility is way overdue for a review. Redkite Solicitors #legalaid #familylaw #accesstojustice #familycourt

Why is this new class of licensed legal professionals needed? Many Californians cannot afford a lawyer when they need one, so people at all income levels go without legal help even when they have a legal problem. It’s called the justice gap: A majority of Californians at all income levels experience at least one legal problem in a given year, yet they received inadequate or no legal help for 85 percent of their reported legal problems. Nearly 12 million California adults in households earning enough that they cannot access free legal aid experience at least one civil legal problem in a year. A Californian with an annual salary of $75,000 would have to work nearly 10 hours to pay for one hour of legal services, at the average hourly rate of a California attorney: approximately $340 in 2020. For comparison purposes, this salary estimate is close to the median income for California firefighters. Many other first responders—those on the front lines of the COVID-19 pandemic—would have an even greater challenge. For example: A Licensed Vocational Nurse, at median annual income, would have to work nearly 13 hours to afford one hour of legal assistance. An Emergency Medical Technician at median income would have to work more than 18 hours! Licensing legal paraprofessionals squarely addresses the cost component of the justice gap. These practitioners would serve the significant unmet civil legal needs of Californians who do not qualify for free civil legal aid. Shouldn’t we try other solutions first? Increasing funding to legal aid, increasing the hours attorneys volunteer their services (pro bono), and making it easier to pass the bar exam have all been suggested as ways to close the justice gap. Here’s why those ideas won’t reach scale: Increasing legal aid funding: To fully meet the needs of Californians currently eligible for legal aid, the state would need more than 13,000 more legal aid attorneys. That's more than eight times the current number of State Bar-funded legal aid attorneys! Requiring or incentivizing more pro bono hours by California attorneys: To meet the needs of Californians who aren’t eligible for legal aid, every California attorney would have to provide 250 hours of pro bono services. That’s more than six times what current pro bono participation rates show. Decreasing the bar exam cut score Lowering the cut score from 1440 to 1390 increased the number of passing applicants by 5 percent, or about 75 more new lawyers annually. Even lowering the cut score to 1250, the lowest in the country, would yield only about 600 more newly admitted attorneys annually.

As the civil legal aid consultation gets underway (finally) this article provides an interesting timeline of the history of legal aid and an overview if the main issues. #expertwitness #legalaid #familylaw #psychology

MEANING OF FREE LEGAL AID? WHO AND WHERE IT IS PROVIDED? IN DETAIL.                                               

A new UK National Audit Office report shows legal aid is "on its knees" reports The Law Society, highlighting the lack of sustainability of the current system and the barriers to justice for many who need it. The report comes 11 years after the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which cut large areas from legal aid. It has also been 28 years since the Ministry of Justice (MOJ) last increased legal aid fees for civil aid cases. Some of the key findings are: ❌ In real terms, government spending on legal aid fell by £728 million (28%) between 2012/13 and 2022/23. ❌ In 40% of family dispute cases between January and March 2023, neither the applicant or respondent had legal representation, a 26% increase on the same period 10 years earlier. ❌ There has been a 9% decrease in the proportion of people in England and Wales who are within 10 kilometres of a legal aid housing providers. The Law Society’s own research shows the result of this legislation is large legal aid deserts. Millions of people now live in areas where they can no longer access the help and advice they are entitled to. They say the people who are most affected are families facing eviction, victims of abuse seeking the protection they need or a vulnerable person denied access to the care they’re entitled to. One of the MOJ's primary objectives is swift access to justice. “However, theoretical eligibility for legal aid is not enough to achieve this, if there are an insufficient number of providers willing or able to provide it." said the Law Society's vice president Richard Atkinson. Atkinson also highlights that removing early legal advice for housing and family law has impacted on efficiencies in the wider justice system - with an increase in people representing themselves in court, and unnecessary litigation. Ultimately, the government must increase funding to legal aid so the public can have confidence in it. Links to the full news article, and the NAO report, in the comments below ⬇ #legalaid #familylaw #swifterjustice #publicconfidence #SayNoToDomesticSilence #domesticabuseawareness #survivorsupport