The Difference Between Legal Aid and Paying Privately
The difference between legal aid and paying privately for legal representation
Finding a lawyer to represent you can seem like a challenge, and how to fund your case can be an even bigger worry. In this blog we set out the main difference between legal aid and paying for your legal representation 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.
What is Legal Aid?
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.
Choosing the right lawyer for your case
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.
Quality and availability of service
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:
1. We think big and go beyond the basics. Fighting tenaciously for our client but applying a compassionate approach.
2. We are outcome driven, our lawyers want to achieve results!
3. We put people before our profits, our client's and an our staff.
4. We are not afraid to challenge external factors impacting our client's case.
5. We provide honest and realistic advice.
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.
We Can Help With
Has your case been listed for pre-trial review? Are you concerned about what the hearing may entail? Our team have put together this short fact sheet which provides some guidance as to why a pre-trial review may be listed and what happens in the courtroom. Pre-trial reviews are not always necessary, however in cases which may have complex issues, be anticipated to be lengthy trials, or issue have arisen during trial preparation between the parties, then a pre-trial review is likely to be required. What is a Pre Trial Review? A pre-trial review is exactly what the name suggests, it is an opportunity for the court review the case prior to trial. The judge will ensure that both parties have met previous directions set by the court, and that there is no outstanding issues or reasons which may cause a delay to the trial. If there are any issues that have arisen between the parties they will be aired and the judge, where required, may set directions to the prosecution and defence with the aim being to resolve the problems, and to enable trial to begin and run effectively. Issues that can arise during trial preparation may include: 1. Applications to introduce bad character , this can be of the defendant or any other trial witnesses. 2. Applications to introduce hearsay evidence 3. Problems with witnesses 4. Delays caused by either part, where material should have been served and hasn't. 5. Applications for disclosure of documents which the defence may need and they are being withheld. Do I need to attend my pre-trial review? Yes, the defendant in a case is almost always required to attend their pre-trial review. It can also be useful for the defendant's attendance so that they can remain fully involved and aware of the process and decisions being taken in their case. You will not be asked any questions at the hearing but the judge may wish for you to acknowledge the outcome of the hearing and directions set, particularly if there is work for the defence team to carry out. Will my barrister attend my pre-trial review? You must always be represented at any court hearing. Our team take great pride in our meticulous preparation for all court hearings and your barrister would be instructed to attend your pre-trial review, with a detailed brief which would detail any issues we have with the prosecution or delays that are affecting our ability to prepare for trial. Do my witnesses have to attend my pre-trial review? No, your witnesses do not have to attend your pre-trial review. No evidence will be heard during the hearing, it is to establish readiness for trial only, resolve issues that could potentially cause delays, and to give the court confirmation that the current date listed for trial will be able to remain. How long does a pre-trial review hearing take? How long a pre-trial review hearing takes depends on the nature of the case and whether any issues require addressing by the judge. The court will usually want to process pre-trial review hearings quickly, and in sexual offence or domestic abuse cases the hearings can last anywhere from 10 minutes to one hour. How Eventum Legal can help Our team take a meticulous approach to trial preparation and will always be alert to any issues that could affect your case. We take a no stone unturned approach and we are not afraid to challenge decision of the CPS at hearings before the courts. We have select barristers which we work regularly with when defending sexual and domestic violence cases so you are provided with a strong and experienced team who are dedicated thorough preparation and presentation of your case. If you have a pre-trial review hearing approaching and are unrepresented, or feel that your current legal team are not making the progress required then contact us for a free initial consultation where we will assess your case, circumstances and the future of any court hearings.
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