Lecturer: Miljen Matijašević
G10, room 6/I, Tue 11:30-12:30
e-mail: miljen.matijasevic@gmail.com
Session 7
1.
Revision of the last session
2.
Legal Aid
3.
Vocabulary work
The Legal Profession in England
1.
Who are solicitors? Who do they work with?
2.
Where do solicitors usually work?
3.
What sort of work do they generally do?
4.
Do they appear in court?
5.
How do you become a solicitor?
1.
Who are barristers? Who are their clients?
2.
What is the right of audience?
3.
How are barristers referred to in court?
4.
What type of business organisation do barristers
normally have?
5.
How do you become a barrister?
1.
– I’m looking for a lawyer to help me buy some land for a business. – My firm
undertakes a lot of ................ . We could advise you and help you to
................ contracts.
2.
- We’ve had some trouble in the past with getting large invoices paid. – We
can do ................ . If your case goes to court, we have ................ and I can
................ in the lower courts.
3.
- Can you appear in the Appeal Court? – No, I’m a ................ but my firm
would instruct a ................ If a case were to go to the Appeal Court.
4.
Solicitors usually work in large firms or ................ , while barristers usually
work alone.
5.
In court, barristers are referred to as ................ .
6.
Solicitors prepare ................ and then instruct barristers, so that they could
represent the ................ client in the court of law.
1.
– I’m looking for a lawyer to help me buy some land for a business. – My firm
undertakes a lot of CONVEYANCING. We could advise you and help you to
DRAFT contracts.
2.
- We’ve had some trouble in the past with getting large invoices paid. – We
can do ADVOCACY. If your case goes to court, we have THE RIGHT OF
AUDIENCE and I can APPEAR in the lower courts.
3.
- Can you appear in the Appeal Court? – No, I’m a SOLICITOR but my firm
would instruct a BARRISTER. If a case were to go to the Appeal Court.
4.
Solicitors usually work in large firms or PARTNERSHIPS, while barristers
usually work alone.
5.
In court, barristers are referred to as COUNSEL.
6.
Solicitors prepare BRIEFS and then instruct barristers, so that they could
represent the LAY client in the court of law.
1.
Solicitors are employed in private practice, either alone or
in a partnership firm. Others are employed in the public
service, industry or commerce.
2.
They are consulted by lay clients on a wide variety of
matters, both civil and criminal – e.g. the making of wills,
the administration of property, family matters, the
formation of companies, the drawing up of documents,
conveyancing and criminal offences.
3.
Solicitors have the right of audience only in the inferior
courts.
1.
Niži odvjetnici se zapošljavaju u privatnim odvjetničkim
tvrtkama, ili sami ili s partnerima. Također se
zapošljavaju u državnoj službi, industriji i trgovini.
2.
Njihov usluge traže stranke laici vezano uz mnoge
različite probleme, kako iz građanskog, tako i iz kaznenog
prava – npr. sastavljanje oporuka, upravljanje imovinom,
obiteljske stvari, osnivanje poduzeća, sastavljanje
dokumenata, prijenos prava vlasništva i kaznena djela.
3.
Niži odvjetnici imaju pravo zastupanja samo na nižim
sudovima.
Unit 8
Answer the question with a partner:
1.
If you had a problem which might be resolved by a
court, what would you do? What do you think most
people would do?

EQUALITY BEFORE THE LAW - implications:
◦ Everyone knows the law
◦ Everyone will be able to afford the same quality representation

Two main needs:
1. obtaining good quality LEGAL ADVICE
2. being represented in a court of law
(LEGAL REPRESENTATION)

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)

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)

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 it
was relevant enough to receive public funding
financially disadvantaged, adj. – poor
eligible (for sth), adj. – meeting the criteria for sth

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

Introduces new criteria and selection mechanisms

Establishes the main authority for the organisation and
provision of free legal aid:
the Legal

Services Commission (LSC)
Set up as an executive non-departmental public body of
the Ministry of Justice
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.)

Funding for legal advice and representation available for:
very expensive cases, judicial review (revizija sudskog postupka/
odluke), claims against public authorities (tužbe protiv upravnih
tijela), clinical negligence (liječnički nemar), housing, family,
mental health, immigration and asylum

means test may apply

Funding for legal advice and representation NOT available
for:
personal injury claims, boundary disputes (sporovi oko međe),
wills, defamation (kleveta), company law, etc.

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

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


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

“No Win No Fee”

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

Available only for civil cases, prohibited in criminal
proceedings and virtually all family proceedings.

Legal Aid, Sentencing and Punishment of Offenders Act
2012 abolished the LSC

instead, the Legal Aid Agency set up as of 2013

carries out similar work but no longer part of the Ministry of
Justice

greater independence in funding-related decision making
equality before the law
legal advice
legal representation
means test
merit test
eligible
assets
Legal Services Commission
Legal Aid Agency
contracting
Conditional Fee Agreement ("no win no fee")
provider – defamation – assets – eligible – judicial – claim
1.
If it is established that a defendant in a criminal proceeding has substantial
.............. , he or she is not .............. for free legal aid.
2.
Unhappy with the court’s decision, Mr. Caulfield filed for .............. review.
3.
The Legal Services Commission concludes contracts with various .............. of legal
assistance and representation, ranging from voluntary organisations to large law
firms.
4.
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.
5.
In the past, legal aid could be obtained from any solicitor, who would then ..............
their fees from the State.
provider – defamation – assets – eligible – judicial – claim
1.
If it is established that a defendant in a criminal proceeding has substantial
ASSETS, he or she is not ELIGIBLE for free legal aid.
2.
Unhappy with the court’s decision, Mr. Caulfield filed for JUDICIAL review.
3.
The Legal Services Commission concludes contracts with various PROVIDERS of
legal assistance and representation, ranging from voluntary organisations to large
law firms.
4.
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.
5.
In the past, legal aid could be obtained from any solicitor, who would then CLAIM
their fees from the State.
Thank you for your attention!