Question 1

'No win, no fee' agreements are also known as ___ arrangements

Accepted Answer

The answer of 'No win, no fee' agreements are also...

Question 2

The LSC has two main duties in respect of the CLS. What are they?

Accepted Answer

The LSC has two main duties in respect of the CLS. They are: managing a CLS Fund and as part of a wider CLS, the Commission has, in co-operation with local funders and interested bodies, developed local, regional and national plans to match the delivery of legal services to identifi ed needs and priorities

Question 3

Which of these following statements about the Legal Services Commission is TRUE?

Accepted Answer

As from 1 April 2000, the Legal Services Commission replaced the Legal Aid Board. It was considered necessary to establish a new body to reflect the fundamentally different nature of the CLS when compared to civil legal aid. Within the broad framework of priorities set by the Lord Chancellor, the Commission is responsible for taking detailed decisions about the allocation of resources. It is also required to liaise with other funders to develop the CLS more widely. The Commission has a wider role in respect of the CDS than the Legal Aid Board did in respect of Criminal Legal Aid

Question 4

Conditional fee arrangements are ideal as they raise very few criticisms

Accepted Answer

Conditional fee arrangements have been criticized for a variety of reasons. Some argue that they encourage litigation and increase the cost of legal services. Others claim that they create conflicts of interest between lawyers and clients, as lawyers may be more interested in winning a case and collecting a fee than in providing the best possible advice. There have also been concerns that conditional fee arrangements may disadvantage low-income clients who cannot afford to pay legal fees upfront.

Question 5

Legal aid is mainly available for civil cases

Accepted Answer

Legal aid is available for both civil and criminal cases, though the availability and scope can vary depending on the jurisdiction and specific circumstances of the case.

Question 6

Full representation will never be refused, even in cases where the prospects of success are unclear or poor

Accepted Answer

Legal representation can be refused on various grounds, including cases where the prospects of success are considered to be unclear or poor, as lawyers and legal aid organizations often assess the viability of a case before taking it on.

Question 7

There is no means test in order to have advice and assistance through the Duty Solicitor Scheme

Accepted Answer

The Duty Solicitor Scheme provides free legal advice and representation to individuals who are arrested and detained at a police station or attend court without representation. There is no means test or financial eligibility criteria to access this service.

Question 8

Certain legal services are free and do not require a means test

Accepted Answer

Certain legal services, such as public defender representation and some pro bono services, are provided for free to eligible individuals and do not require a means test.

Question 9

When was legal aid introduced?

Accepted Answer

Legal aid, introduced in 1950, was conceived as the second prong of the welfare state, the legal equivalent of the NHS

Question 10

Under the Access to Justice Act 1999, what was the former Legal Aid Board replaced with?

Accepted Answer

Under the Access to Justice Act 1999, the former Legal Aid Board has been replaced by the Legal Services Commission, which operates through the Criminal Defence Service in criminal matters and the Community Legal Service in civil matters

Question 11

What is the criteria for legal help to be provided?

Accepted Answer

Legal help may be provided only if, in all the circumstances, there is sufficient benefit to the client to justify the work and it is reasonable (having regard to any other potential sources of funding) for the work to be funded by the CLS

Question 12

What were set up in order to assess demand and ensure that the right kind of services are available to meet the needs of a region?

Accepted Answer

In order to assess demand and ensure that the right kind of services are available to meet the needs of a region, Community Legal Service Partnerships (CLSPs) were set up. The purpose of CLSPs is to provide a forum, in each local authority area, for the local authority and the LSC, and if possible other significant funders, to come together to co-ordinate funding and planning of local legal and advice services, to ensure that delivery of services better matches local needs

Question 13

In order to be a supplier under either the CLS or the CDS, the solicitor or not-for-profit organisation must achieve the minimum standards under the respective Quality Marks. A supplier of general help will typically do what?

Accepted Answer

A supplier of general help will provide information and advice and will be a Citizens' Advice Bureau or other advice agency

Question 14

In addition to financial eligibility, an applicant's case must also satisfy what other test?

Accepted Answer

In addition to fi nancial eligibility, an applicant's case must also satisfy a new merits test

Question 15

Which service uses criminal legal aid to help people who are under investigation or facing criminal charges?

Accepted Answer

The Criminal Defence Service (CDS) uses criminal legal aid to help people who are under investigation or facing criminal charges

Question 16

In order to be a supplier under either the CLS or the CDS, the solicitor or not-for-profit organisation must achieve the minimum standards under the respective Quality Marks. What are the three kinds of quality marks?

Accepted Answer

There are three kinds of Quality Mark: information, general help and specialist help, with a supplier displaying an appropriately endorsed logo on its premises

Question 17

Both barristers and solicitors operate ___ schemes under which legal work is done without charge or at reduced cost for members of the public ineligible for legal aid from the LSC

Accepted Answer

The answer of Both barristers and solicitors operate ___ schemes...

Quiz 15: The Funding of Legal Services