Lecturer: Miljen Matijašević G10, room 6/I, Tue 15:30-16:30 Session 8, 5 Dec 2014

1. Revision of the last session 2. Legal Aid 3. Vocabulary work

The Legal Profession in England

1. Who are solicitors? Who are their clients? 2. Where do solicitors usually work? 3. What sort of work do they generally do? 4. Do they appear in court? What is the right of audience? 5. How do you become a solicitor?

1. Who are barristers? Who are their clients? 2. What sort of work do they do? 3. How are barristers referred to in court? 4. How do you become a barrister?

Complete the table with the words from the same family VERBNOUNNOUN (person) PartnerPartnershipPartner Trainee Advise Practice specialise-

Complete the table with the words from the same family VERBNOUNNOUN (person) PartnerPartnershipPartner TrainTraineeship/ Training Trainee AdviseAdviceAdviser PractisePracticePractitioner SpecialiseSpecialismSpecialist

1. - 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. 2. – 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 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. 4. Solicitors usually work in large firms or , while barristers usually work alone. 5. In court, barristers are referred to as Solicitors prepare and then instruct barristers, so that they could represent the client in the court of law.

1. - 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. 2. – 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 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. 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.

Unit 8

Answer the question with your partner:  Equality before the law is a requirement laid down in the European Convention on Human Rights. Is that really the case in practice? Why (not)?

 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  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: Legal Services Commission the Legal Services Commission (LSC)  Set up as an executive non-departmental public body of the Ministry of Justice, operating under the Lord Chancellor

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 the areas of 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, revizija sudske 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

spouses’s assets may be required to contribute towards the cost of the proceedings  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 assets acquired through crime  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 To be eligible for (legal aid) assetscontracting 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!