From Lawpack's Affordable Law.
If you need to see a solicitor but you cannot afford to pay for one, then you may be entitled to support from the Community Legal Service (CLS). What used to be called 'Legal Aid' doesn't formally exist any more since the system of public funding for all cases was radically overhauled in 2000 and it's now officially known as 'CLS Funding'.
The government provides money to help pay for cases through the CLS fund, which oversees advice and legal representation for people involved in civil cases, or the Criminal Defence Service for criminal cases.
To be eligible, you have to show that you cannot pay for your case (in accordance with the CLS guidelines) and that you have a sufficiently strong case that you're likely to win. Even if you're working, own your home and have savings, you may still qualify. However, you may well have to pay a contribution towards the cost of taking your case to court. To find out if you qualify, you can use the CLS' legal aid calculator on its website at www.clsdirect.org.uk.
Areas where you may be able to get support are: financial and children matters relating to divorce and family; housing (e.g. rent or mortgage arrears, repairs and eviction); welfare benefits; consumer matters (credit, debt and buying goods); immigration; employment; mental health; actions against the police and clinical negligence. Routine personal injury cases have been taken out of the scheme and are now dealt with by conditional fee arrangements.
Here's advice on what to do if you're eligible for Legal Aid:
Step one
Contact your lawyer or adviser and arrange an appointment to discuss your situation. Take with you all the information you can about your case so that he or she can give you detailed advice. Write down any questions you may want to ask beforehand.
Step two
Take with you details of both your own and your partner's income - savings and outgoings, recent wage slips, mortgage or rent information, Council Tax payments and bank statements.
Step three
If you are on either Income Support, Income-based Job Seekers' Allowance, Guarantee State Pension Credit, Working Tax Credit or Child Tax Credit, bring proof that you are in receipt of these, such as a benefit book.
Step four
If you qualify, the cost of your meeting with the lawyer/adviser will be paid by the CLS fund. You may have to repay these costs if you win (this is known as the 'statutory charge'). Also, if you don't tell the truth about your financial circumstances, your certificate may be revoked leaving you liable for all the legal costs you have incurred. Make sure that all of this is explained to you before you go any further.
Step five
One meeting may be all you need. If your case is more complicated, you may be advised by your lawyer or adviser to take it further and apply for higher levels of CLS Funding. He or she will explain how to go about this.
1 March, 2006