Is the legal system broken ? I agree with this statement!

• Access to justice not always avaiable
• Slow frustrating process
• People dont understand the law (need help)
• Most people can not effort the service
• 90.8 % dont go to a lawyer to get legal aid with their problems
• everyone has a legal problem and should have access to justice
• not everyone needs a lawyer but should have the oppertunity to get one
• Justice system should be fair but its not
• Rich people can effort a lawyer and legal aid services
• Improving access to justice should be the aim
• We have a legal system and justice
• Lawyers should help the people who need it the most but can not effort it.
• LEGAL SERVICE FOR EVERYONE
• we need a change = inaccessable like a castle

Is access to justice the biggest problem facing the legal profession?

• It is a big problem
• Advice agencies
• expensive
  Is it the responsibility of lawyers to make people believe that the justice system ist fair?
• Making services more effortable
  Are there any flaws in proposed suggestions?

Advantages and Disadvantages

Citizen Advice:

• It is for free
• Wide range of advice available
• Relatively local

• Get quick advice ready for the next step (if necessary)

• May not be able to do more than suggest going to a solicitor

Getting an advice for free is an advantage because lot of people are not able to effort a lawyer and it’s a good alternative to get help and it is open to everyone so that it is fair.
It is not just for rich people. People who really need help will get help

May not be able to do more than suggest going to a solicitor is a disadvantage because you just get your first advice and maybe you have a big problem and the citizen advice can’t deal with it so that it is necessary to get help from a solicitor.

Internet:

• Instant availability
• Wide range of information available

• Free

• Not necessarily based on law in England and Wales (law in Scotland is sometimes different, with a different system in place)

• Not necessarily accurate
• Sometimes incomplete unless the user signs up and pays

Most disadvantages has the Internet because it is not up to date and can have wrong information. Some articles are written from a lay person.

Solicitors:

• Professional
• Easy to access

• Properly regulated and insured concerning poor work such as delay, mistakes or overcharging

• Can be expensive

• Local firm may not specialise in the area you need

Barristers:

• Professional
• Specialist
• Confidential

• Properly regulated and insured concerning poor work such as delay, mistakes or overcharging

• Can be expensive

• Access usually through your solicitor
• Not always local

Insurance companies:

• Easy to access

• Can specialise in particular types of claims, such as classic cars

• Client must pay a premium for the policy, whether they use it or not

• Dealt with at a distance

• Sometimes limited range of cases dealt with

• CFA’s help the public gain access to justice

• CFA’s have a cost linked outcome
• CFA’s may encourage early settlement of the case
• Usually the costs are paid by the loser
• Solicitor with CFA work harder to win the case
• The other party must be told if you have a CFA
• Solicitors are reluctant to take difficult cases because of the risk of losing

CFA stands for Chartered Financial Analyst.

Civil Funding Issues:

• Funding of civil cases is being restricted continually
• The starting point is that it is not available unless it is a category recognised in the Act or other regulations eg Mental Health Tribunal and children’s rights
• Many cases no longer qualify for funding eg child contact, divorce, employment, welfare benefits, medical negligence except in very limited circumstances

• The lack of legal funding may result in more people representing themselves (‘litigants in person’)
• This person will be at a distinct disadvantage when faced with a qualified lawyer on the other side
• This also makes the case very slow and costly to the losing party
• However for many civil matters there are Conditional Fee Agreements and damages Based Agreements available

Evaluation of criminal Funding:

• ¾ adults do not qualify for legal aid
• Number of solicitors is decreased
• Criminal cases take priority
• Criteria too harsh