The Difference Between Legal Aid and Paying Privately

There is a substantial percentage of individuals that are entitled to legal aid, that is something that we always advise when speaking with potential clients, as we believe it is only fair to be upfront and honest with each and every person we speak with, but Legal Aid is causing difficulties throughout the criminal justice system, and it is our view that the level of service provided is not a match to funding a case privately but there are some very good legal aid solicitors out there, and some incompetent solicitors who will overcharge with private fees. Therefore, seeking the right lawyer at the right price and finding that balance is important.

Legal Aid is government funded representation which is available to those who meet the eligibility criteria which you can find here: https://www.gov.uk/legal-aid/eligibility. Applicants for legal aid must often pass a means test and a merits test within their application which often involves detailing the offence and their financial circumstances.  

The rules to who is eligible are set out by the Legal Aid, Sentencing and punishment of Offenders Act 2012 and includes but is not limited to: 

• Initial advice and initial assistance  to an individual who is arrested and held in custody at a police station. 
• Proceedings before a court for dealing with an individual accused of an offence.
• proceedings before a court for dealing with an individual convicted of an offence, including proceedings in respect of a sentence or order.
• Proceedings in relation the extradition of a defendant. 

Legal Aid can be offered in full or in part to a defendant, and if in part then a contribution order is made whereby the defendant pays part and the Legal Aid Agency pay part. 

Privately paying for your legal advice and representation means your lawyer will charge for their services, and the client is responsible for paying their fees. The costs of private representation can vary widely depending on the lawyer's experience, reputation and the complexity of the case. This is where it is extremely important you research the lawyer before you enter into a payment agreement with them. There is no eligibility criteria for instructing a solicitor privately, other than your ability to pay for their services. 

Defendants who fund their case using Legal Aid may have very little choice in selecting their solicitor, as not all solicitors accept legal aid funded cases. The solicitor will usually be appointed by the Legal Aid Agency, particularly for police station representation. 

Privately paying clients have complete freedom to choose their solicitor based on personal preferences, recommendations, or the solicitor's expertise and reputation. Before instructing a solicitor do your research! Speak to a few different firms, ask the solicitor and use Google to see what others say about the solicitor, and also what work they have done throughout their career for example; instructing a motoring solicitor to represent a defendant in a rape case would not be a good idea if their expertise and experience does not reflect what is required in such cases.  

You can often speak to lawyers and they give a very good sell, they promise you results and this is of course what you want to hear when you are desperate to prove your innocence, but you must be wary of these promises from a lawyer who has not even considered the evidence in your case. 

Like with all services, if you are paying privately you expect a high level of service and expertise. Those who do not qualify for Legal Aid may have no option than to pay, and rightly so by many privately paying client's it is perceived that private solicitors are more committed to their case, as they are directly compensated by the client and their professional reputation is closely tied to client satisfaction. At Eventum Legal we believe everyone accused of a criminal offence has the right to present their case properly, to challenge the evidence and strongly defend their position and whilst doing so be receiving a high level of service and client care, we are proud that our client feedback reflects this. 

We have implemented five core values into our firm, which we standby every day: 

Our services are available 24 hours a day, to those who are arrested, attending court or just require advice. You can contact our lawyers via our contact us page or by calling 0161 706 0602.

In conclusion we believe that choosing the right solicitor for your case is crucial, there can be fantastic legal aid solicitors out there who are much more experienced with sexual offences than some of those who bill for their work privately. The key to making sure you have the right representation is by asking the solicitor who is representing you, their qualifications and experience and above all do your own research.