Paying for the Legal Advice
Good solicitors do not come cheap! However, there may be ways of reducing the cost including using the Legal Help Scheme, Public Funding, negotiating a lower fee, and entering into a "no win no fee" agreement.
Legal Help Scheme
If your income and savings are very low you may be eligible for up to two hours free legal advice. This includes the solicitor writing a letter on your behalf or assisting you with preparing a Small Claims Action (see below). This scheme does not cover the cost of having a solicitor represent you in court. Your solicitor will advise you whether or not you are eligible for this scheme. "Controlled legal representation" is a form of legal help which helps with the cost of representation before, for example, immigration adjudicators and at the Immigration Appeals Tribunal. This work can only be carried out by a solicitor with an appropriate "contract" (a form of licence required to be permitted to carry out the work).
Publicly-funded legal representation
This broadly replaces what used to be called legal aid and may be available to cover the costs of investigation and representation in civil court action. Again, your income and savings must be below a certain level. Your solicitor will be able to advise you whether the matter in question is covered by the scheme, whether you are eligible on financial grounds, and whether his/her firm holds an appropriate "contract" which may be necessary for them to be permitted to carry out the work.
The Help at Court scheme.
If the client meets the criteria, including the financial eligibility criteria, s/he will be entitled to free help to present certain cases at court, for example, in certain debt cases.
Assistance by way of representation (ABWOR).
ABWOR may cover the costs of representation at a civil case in the magistrates' court, for example, where the client risks imprisonment for non-payment of council tax and where there is no duty solicitor at court.
Criminal Legal Aid
If the client meets the criteria, including the financial eligibility criteria, s/he will be eligible for criminal legal aid. Depending on her/his financial circumstances, s/he may have to pay a contribution to the costs.
No Win-No Fee Agreement (Conditional Fees)
In some cases solicitor's will work on a "no win - no fee basis". In other words, if you lose the case, your solicitor cannot charge you for his time. However, if you win, you will be required to pay your solicitor a "success" fee on top of the usual charges. Your solicitor will explain in detail how the agreement works.
Accident Line
In England and Wales, Accident Line offers a free initial interview with a solicitor to someone who has suffered personal injury as a result of an accident. Information about participating solicitors may be obtained by phoning the freephone number 0500 192939. Accident Line solicitors who are acting for clients who are not publicly funded may offer a special insurance policy if the client enters into a conditional fee agreement. This is called Accident Line Protect. The policy would cover the other side's costs and solicitors' expenses if the client loses the case.
Negotiating a lower fee or a fixed fee first interview
Some firms will offer a first interview at a lower rate than their usual hourly charge. It is always worth enquiring about this. Generally, the amount you pay will depend on the seniority of the lawyer that you are seeing .On average, hourly rates begin at around £60 per hour. A senior partner will charge considerably more than this!
Do not be afraid to try and negotiate a lower fee.
If you are a member of a Trade Union, you may find that your membership entitles you to have your legal expenses paid. Generally, if this is the case, the Trade Union will require that you use a certain firm.
It is also worth checking the terms of any insurance that you may have. Some household and travel insurance policies extend to paying for legal costs in the event of your being sued or involved in an accident.
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