Presentation Transcript

1. English for Lawyers 1

   Lecturer: Miljen Matijašević G10, room 6/I, Tue 11:30-12:30 e-mail: miljen.matijasevic@gmail.com Session 8, 6 Dec 2013
2. Today’s session Revision of the last session Legal Aid Vocabulary work
3. Revision of the last session The Legal ProfessioninEngland
4. Revision questions (solicitors) Who are solicitors? Who do they work with? Where do solicitorsusually work? Whatsortof work do theygenerallydo? Do theyappearin court? How do youbecome a solicitor?
5. Revisionquestions (barristers) Who are barristers? Who are theirclients? What is the right of audience? How are barristers referred to in court? What type of business organisation do barristers normally have? How do youbecome a barrister?
6. Legal Aid Unit 8
7. Access to Justice EQUALITY BEFORE THE LAW - implications: Everyone knows the law Everyone will be able to afford the same quality representation Two main needs: obtaining good quality LEGAL ADVICE being represented in a court of law (LEGAL REPRESENTATION)
8. Access to Justice European Convention on Human rights – imported into English law in 2000 Principles in criminal procedure – everyone is entitled to: a fair and public hearing have adequate time and facilities for the preparation of their defence defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require In civil procedures: The aim is to ensure the litigant to be on an equal footing with their opponent (litigant – stranka u parničnom postupku)
9. Access to Justice Legal Aid Act 1988 – brings together various systematic schemes of legal aid Candidates for legal aid were put through a means test, and the case itself through a merit test (means – sredstva; merit – zasluga)
10. Access to Justice MEANS TEST – aimed at establishing whether the candidate is sufficiently financially disadvantaged to be eligible for legal aid MERIT TEST – the case is evaluated in order to establish whether itis relevant enough to receive public funding financially disadvantaged, adj. – havinglittlemoney or fewpossessions eligible (for sth), adj. – meeting the criteria for sth
11. Access to Justice This system did not function very well - a lot of money was being spent and a very low percentage of the disadvantaged was actually getting free legal aid As a consequence alternative voluntary services developed to deal with the ‘unmet legal need’ The legal aid system radically reformed by the Access to Justice Act 1999
12. Access to Justice Act 1999 Introduces new criteria and selection mechanisms Establishes the main authority for the organisation and provision of free legal aid: the Legal Services Commission(LSC)
13. Legal Services Commission (LSC) CONTRACTING In the earlier systems, any solicitor could provide legal assistance and then claim fees from the State Within the new system, only those legal professionals who meet certain quality criteria and then conclude a contract with the LSC can provide free legal aid. Contracted firms undergo regular quality audits, but are also provided training in areas of the law where free legal aid is regularly sought (homelessness, repossession of property, human rights, immigration and asylum, etc.)
14. The Funding Code Funding for legal advice andrepresentationavailable for: very expensive cases, judicialreview, claims against publicauthorities, clinicalnegligence, housing, family, mental health, immigration andasylum means test mayapply
15. The Funding Code Funding for legal advice andrepresentationavailable for: very expensive cases, judicial review (revizija sudskog postupka, revizija sudske odluke), claims against public authorities (tužbe protiv upravnih tijela), clinical negligence (liječnički nemar), housing, family, mental health, immigration andasylum means test mayapply
16. The Funding Code Funding for legal advice andrepresentation NOT available for: personal injuryclaims, boundarydisputes, wills, defamation, company law, etc.
17. The Funding Code Funding for legal advice andrepresentation NOT available for: personal injuryclaims, boundarydisputes(sporovi oko međe), wills, defamation(kleveta), company law, etc.
18. Criminal Defence Service (CDS) CDS provides legal advice and representation to people under police investigation or facing criminal charges Run by the LSC in partnership with criminal defense lawyers and representatives Makes contracts and employs attorneys directly to provide legal advice and assistance (Public Defenders) Defendants have the right to choose another legal representative, other than the public defender
19. Criminal Defence Service (CDS) Cases in which the defendant is represented through CDS undergo a merit test, whose aim is to establish that the case is more than trivial Defendants undergo a means test
20. Criminal Defence Service (CDS) Depending on the results of the test, in which a spouses’s assets and possible criminal assests are also considered, the defendant may be required to contribute towards the cost of the proceedings This is to prevent, among other things, defendants with assets acquired through crime from having access to free legal aid spouse, n. - supružnik assets, n. – imovina, sredstva
21. Conditional Fee Agreements (CFAs) a.k.a. “No Win No Fee” agreements Defined as “an agreement with a person providing advocacy or litigation services which provides for his fee and expenses, or any part of them, to be payable only in specified circumstances”, i.e. only if the lawyer wins the client’s case Availableonly for civil cases, prohibited in criminal proceedings and virtually all family proceedings.
22. Key vocabulary equality before the law legal advice legal representation means test merit test eligible assets Legal Services Commission contracting Conditional Fee Agreement ("no win no fee")
23. Vocabulary practice
24. Vocabulary practice provider – defamation – assets – eligible – judicial – claim If it is established that a defendant in a criminal proceeding has substantial .............. , he or she is not .............. for free legal aid. Unhappy with the court’s decision, Mr. Caulfield filed for .............. review. The Legal Services Commission concludes contracts with various .............. of legal assistance and representation, ranging from voluntary organisations to large law firms. Marion Kirby thought the article published about her contained information damaging to her reputation, so she decided to file a .............. lawsuit against the author of the article. In the past, legal aid could be obtained from any solicitor, who would then .............. their fees from the State.
25. Vocabulary practice provider – defamation – assets – eligible – judicial – claim If it is established that a defendant in a criminal proceeding has substantial ASSETS, he or she is not ELIGIBLE for free legal aid. Unhappy with the court’s decision, Mr. Caulfield filed for JUDICIAL review. The Legal Services Commission concludes contracts with various PROVIDERS of legal assistance and representation, ranging from voluntary organisations to large law firms. Marion Kirby thought the article published about her contained information damaging to her reputation, so she decided to file a DEFAMATION lawsuit against the author of the article. In the past, legal aid could be obtained from any solicitor, who would then CLAIM their fees from the State.
26. Thank you for your attention!