Part four: information and resources

Secondment remuneration and other costs

Secondees remain the employee of their law firms.

Their salaries and on-costs (annual leave, sick leave and other entitlements and benefits) are met by the seconding firms.

Secondment programmes may also require additional resourcing and incur administrative costs such as the purchase of capital equipment, which should also be met by the seconding firm.

Supervision, training and support

In situations where secondees are undertaking work in which they are not experienced, it is essential for adequate supervision, training and support to be provided by in-house legal counsel staff within the organisation.

This will particularly be the case for trainee secondments, which must adhere to strict Solicitors Regulation Authority (SRA) regulations around:

• supervision
• training
• skills development
• recording

Employment terms during secondment

Whilst the secondee’s employment terms remain the same during the placement, consideration should be given to conflicting employee policies between the secondment organisation and the firm (for example, time off in lieu (TOIL) policy or number of days leave at any one time).

Where a conflict exists, the position should be clarified with the secondee.

Timing of secondment

Careful consideration should be given to the timing of a secondment to make sure it will not have a detrimental impact on the secondee.

A secondment at the start of a period of training/training contract or a return from an extended period of leave may impact the employee feeling integrated within their firm.

Duration of a secondment

Consideration should be given to the needs of both the firm and the recipient organisation.

Firms may find it difficult to release solicitors, particularly those at senior levels, for longer periods.

The recipient organisation may prefer longer-term secondment arrangements, given the inevitable time required to acquire expertise around the organisation and/or to focus on developing a particular project to completion.

Short-term secondments that are rotated through the firm need to be managed sensitively to avoid disruption to the recipient organisation’s clients and staff.

Recruitment and seniority of seconded solicitors

Firms will need to consider the internal process used for recruiting secondees.

Firms can advertise the availability of secondment positions to solicitors at the appropriate levels within the firm through emails, newsletters and other communication materials.

Some firms also include a pro bono client secondment within the list of available trainee client secondment positions.

Firms should seriously consider the experience and seniority of secondees, balancing the requirement that the solicitor be sufficiently experienced to manage the placement and the need for the firm to maintain its in-house expertise.

Recognition for work

Secondees should not be penalised or disadvantaged in terms of performance appraisals or future advancements.

Work done on secondment should be treated in the same way as any other work undertaken by the solicitor for the firm.

Firms should also consider giving special recognition for pro bono secondments by publicising the work performed in communication material and at events.

Professional indemnity

The seconding law firm is generally not responsible for work performed by the secondee at the recipient organisation.

As such, the recipient organisation should be responsible for the secondee’s professional indemnity insurance (PII).

LawWorks

LawWorks (the operating name for the Solicitors Pro Bono Group) is a charity working in England and Wales to encourage, support and celebrate the pro bono of solicitors, law schools and law students across the country.

LawWorks is supported by us (financially and in-kind), and with around 150 members, including international and City firms, regional, medium and small firms, and in-house solicitors and organisations.

LawWorks supports and develops pro bono activity across England and Wales, using their experience and understanding to help ensure pro bono efforts are targeted where they can be most effective and have the greatest impact.

Information about LawWorks and LawWorks membership is available on its website or by email (membership@lawworks.org.uk).

The membership fee contributes to supporting the organisation’s charitable objectives in promoting and celebrating pro bono.

LawWorks supports a network of local independent pro bono clinics (see below) – there is no charge for clinics to join the LawWorks network.

Not-For-Profits Programme

The LawWorks Not-for-Profits Programme connects smaller not-for-profit organisations in need of legal support with the skills and expertise of solicitors from among LawWorks members, to support the continuation and expansion of their services to people in need.

The casework project helps not-for-profit organisations (including charities, voluntary organisations, social enterprises, and other not- for-profits) that need legal advice but struggle to pay for it.

Issues tackled by these organisations vary enormously but commonly deal with poverty, disability, abuse, social exclusion, and special education needs.

Volunteers can provide discrete, one-off pieces of legal advice on most areas of law including:

• intellectual property
• employment
• property
• tax
• commercial/contract
• insurance
• insolvency
• data protection
• defamation, and
• company/charity law

Examples of how volunteers can help include:

• drafting a contract
• reviewing a lease
• updating a constitution/articles, or
• clarifying rights in a commercial dispute

LawWorks can provide insurance in some circumstances, for example for in-house solicitors and teams providing legal advice where no other insurance is available.

Free Talks are short online videos about common legal issues faced by smaller charities and not-for-profit organisations. 

The videos are all free to watch and aim to help when making important decisions.

They feature volunteer solicitors and cover a range of topics including charity issues, property law, employment law, and lots more.

LawWorks Clinics Programme

The LawWorks Clinics Programme provides consultancy and advice to support free legal advice clinics supported by volunteer solicitors and law students.

It supports an expanding network of approximately 300 independent clinics across England and Wales which deliver over 37,000 pieces of pro bono advice every year.

The programme also helps to set up new, sustainable clinic partnerships between law firms, in-house legal teams, law schools and advice agencies to help address unmet legal need in local communities.

LawWorks works with stakeholders to identify local need and provide support through the stages required to set up a new legal advice clinic.

It provides advice and guidance to clinics on issues such as regulatory requirements, volunteer recruitment and clinic expansion.

Clinics in the LawWorks clinics network get free access to software such as legal research tools; secure document storage solutions, as well as training sessions, toolkits and template resources for use in clinics.

LawWorks run networking events connecting clinic stakeholders to discuss common issues and share best practice.

The programme also supports clinics in the network to collect monitoring data on the work being done at clinics, and the clients that access their services.

LawWorks collates this data to produce a national picture of the contribution that pro bono advice clinics in the network are making and highlights emerging trends and issues which clinics across the network are experiencing.

It is free for clinics to join the LawWorks clinic network and to access training, information and online resources and materials.

Casework and representation

LawWorks enables volunteer solicitors to provide in-depth legal advice and representation to individuals in some discrete area of law outside their usual practice (secondary specialisation).

For each secondary specialisation project, LawWorks engages clients and volunteer solicitors work under the supervision of one of LawWorks specialist in-house solicitors, using LawWorks legal guides and template documents.

Currently LawWorks runs two secondary specialisation projects:

• Unpaid Wages: LawWorks receives unlawful deduction from wages cases from referral agencies and then supervises trained volunteer lawyers to negotiate with employers and, if necessary, take them to the First-tier Employment Tribunal
• Voices for Families: the project assists families of children with life-limiting and other serious conditions in various community care law matters

Free Legal Answers

Free Legal Answers (FLA) is an online platform where people on low incomes can describe a legal problem or ask a legal question and receive pro bono legal advice.

It focuses on early/initial legal advice on civil law matters (family, housing, employment and consumer law issues).

This service was created for qualified lawyers as an accessible, minimal-effort opportunity to provide impactful pro bono assistance.

The FLA website can be accessed by eligible volunteers at any time from any location, and is supported by an administrator, who can be contacted with any queries, concerns or technical questions.

Send any enquiries about Free Legal Answers to freelegalanswers@lawworks.org.uk.

Pro Bono Connect

Pro Bono Connect links solicitors and barristers who can act together pro bono on civil matters, for individuals, charities and community groups who cannot afford legal advice or representation.

The scheme covers civil claims which are litigated or have the potential to result in litigation: where a claim or piece of work may reach a stage where it needs input from a barrister perhaps by way of specialist advice, or representation at a hearing.

All areas of civil law are covered.

The scheme is only limited by the experience of its panel members – the more solicitors and barristers joining the scheme, the greater the range of work covered.

The scheme has recently expanded to include Pro Bono Expert Support, which links lawyers with pro bono experts and litigation support providers.

Training

LawWorks facilitates the delivery of training in various areas of law as well as providing professional/advice skills training to equip volunteers with the confidence to provide pro bono legal advice.

In addition, LawWorks offers a range of resources to support specific programmes, including in-house teams, trainees and students.

Policy Voice

LawWorks provides a policy voice on issues concerning pro bono, access to justice and barriers to the provision of free legal advice.

Explore the LawWorks website for membership information and for clinic contact details or email (info@lawworks.org.uk).

UK Collaborative Plan for Pro Bono

The UK Collaborative Plan for Pro Bono is a profession-led initiative for law firms.

Each of the participating law firms has a strong institutional commitment to pro bono and access to justice.

Participating law firms collaborate with each other in order to improve access to justice through pro bono in the UK.

Participating law firms work collaboratively to develop the systems and infrastructure to allow pro bono services to be effectively delivered to address unmet legal need.

The plan also incorporates an aspirational target of 25 pro bono hours on average per fee earner in the UK each year.

Find out more about the UK Collaborative Plan for Pro Bono.

Law Centres Network

Law centres are a network of over forty not-for-profit legal practices throughout the UK.

Each law centre is an independent charity with a defined service area.

Law centres help people who cannot afford to pay for traditional commercial legal services.

They provide free legal advice and representation in social welfare law (for example, housing, immigration and welfare benefits).

Local services and areas of law will vary among law centres dependent on the funding available. Law centres offer legal aid where available.

Explore Law Centres Network’s website for contact details of each Law Centre or email info@lawcentres.org.uk.

Citizens Advice

Citizens Advice provides advice that is free, independent, confidential and impartial to everyone on their rights and responsibilities.

It is a network of independent charities throughout the UK providing advice in-person, by phone, web chat, and email and their self-help website.

It also offers:

• a consumer service giving telephone and webchat advice on consumer rights such as broken or faulty goods or problems with energy
• online debt advice, available 9am to 8pm Monday to Friday and 9.30am to 1pm Saturday
• Help to Claim: support with Universal Credit applications via telephone or webchat
• support for those going to court as a witnesses through the Witness Service, and pension guidance to people aged over 50

Some individual Citizens Advice branches host pro bono projects with local solicitors.

Telephone (9am to 5pm Monday to Friday except for bank holidays):

• England – 0800 144 8848
• Wales – 0800 702 2020

Find out more on the Citizens Advice website.

Other domestic pro bono and third sector organisations

AdviceUK

AdviceUK is the umbrella body for 800 independent community advice organisations across England, Scotland and Wales.

AdviceUK members are diverse and serve population groups across the spectrum.

Over 250 have a BAMER focus on people from ethnic minorities and many other members work with disabled people, refugees and migrants, women, young people, older people or specific groups such as housing association tenants or students.

AdviceUK members can access organisational development and funding support, learning and skills (staff development), AdvicePro case management software, insurances and have an influencing and policy voice.

Potential members may apply directly to AdviceUK website or email mail@adviceuk.org.uk.

Age UK

Age UK is a charity comprising around 120 local branches reaching most of England; Age Cymr covers Wales.

They provides advice on a range of issues including health and care, housing, work and learning, money and benefits, wellbeing, home and community.

Age UK provides a telephone information and advice service, casework and face-to-face services and publishes guides and factsheets on a wide range of topics including legal issues such as setting up lasting powers of attorney.

Some branches can help people with applying for welfare benefits and appealing applications that have been refused.

The information and advice telephone line is open 8am to 7pm every day of the year.

Where they can assist, the caller will be transferred to a specialist adviser or directed to their local Age UK.

There is also online information aimed at professionals including a welfare benefits calculator to help professionals support clients with benefits issues.

Telephone: 0800 678 1602 169 6565 (information and advice line)

Advocate

Advocate provides barristers across England and Wales for people who are not eligible for legal aid and who cannot afford to pay.

Cases are matched to qualified barristers from Advocate’s panel.

Support that is available includes specialist legal advice, drafting and representation and help at mediation across all areas of law, and all courts and tribunals.

Advocate is unable to assist with cases where legal aid is available or a barrister can be paid for.

Applications by individuals, charities, community groups, companies and other organisations can be made Individuals must be referred from a MP, lawyer, or advice agency using an application form available online.

A paper copy of the form can be posted to the applicant if needed.

Applications must be submitted at least three weeks before help is needed.

Telephone: 020 4518 614 7092 3960 (voicemail only) (Monday, Wednesday and Friday from 10am to 2pm).

Email: enquiries@weareadvocate.org.uk

Free Representation Unit

The Free Representation Unit (FRU) represents clients in social security and employment tribunals. Volunteers, who are mostly law students, and are overseen by FRU’s staff, run the cases.

FRU provides representation in tribunals and pre-hearing settlement negotiations in the areas of employment, social security benefits and in criminal injuries compensation.

FRU is unable to assist with cases without a hearing date in London or the South East and cases are listed at tribunal venues outside London and the South East or Nottingham and the surrounding are

Most cases have to be referred from one of FRU’s partner agencies, see the FRU website for a list of partner agencies.

Short employment tribunal hearings (final hearings lasting no more than two days) may be referred directly by claimants using the self-referral scheme, which is explained fully on the FRU website.

Telephone: 020 7611 9555

Email: admin@thefru.org.uk

IPSEA

IPSEA is a registered national charity that helps children and young people with special educational needs and disabilities to get the support at school to which they are entitled.

It runs helplines that provide telephone advice to parents and young people and provides support to families going to tribunal.

There are pre-booked appointments available through the advice line and tribunal helpline (bookable through the website), and a call-in helpline on Tuesdays, Wednesdays and Thursdays.

Support is available for children and young people with all kinds of special educational needs and disabilities who are distressed and disadvantaged because they are not getting the educational support to which that they are entitled to.

Telephone: 01799 582
Call-in helpline: 0300 222 5899

Email:

• office@ipsea.org.uk
• jhancock@ipsea.net

Pure Leapfrog

Pure Leapfrog provides social investment and professional support to community energy projects in the UK.

Its mission is to give all UK communities the opportunity to own and generate clean, green power and work together to reduce energy demand by making finance accessible and affordable.

It introduces community energy groups to high value affordable professional expertise, provided through a network of lawyers, accountants and other professional service providers.

Telephone: 020 7825 3479

Email: info@pureleapfrog.org

Shelter

Shelter helps people struggling with bad housing or homelessness through advice, support and legal services.

Shelter offers housing advice to anyone. It can help people take action, including if they are:

• living in run-down or overcrowded housing
• homeless, or worried that they soon could be
• having problems with their landlord (private or social)
• facing eviction or repossession
• having difficulty paying their rent or mortgage
• experiencing problems with neighbours
• unsure of their housing rights
• unsure of the welfare benefits they are entitled to, and
• having difficulty with debt or bankruptcy

Shelter’s free national helpline is open all year round and offers expert housing advice in urgent cases. Their website offers housing advice and practical tips online.

Individual questions are answered through an email form on the website.

Telephone: 0808 800 4444 (urgent cases only)

TaxAid and Tax Help for Older People

TaxAid covers people of working age, including business tax, individuals’ tax and tax debt.

Tax Help for Older People concentrates on all aspects of tax for those close to 60 or older and those recently bereaved.

The two charities between them cover all tax matters and each will refer a case to the other where doing so is in the client’s interest.

The charities do not undertake tribunal or court representation, nor do they assist with social security benefits or take on ongoing responsibilities as a tax agent.

• Contact TaxAid on 0345 120 3779
• Contact Tax Help for Older People on 01308 488066

The National Pro Bono Centre

The National Pro Bono Centre (NPBC) is a charity that exists to support lawyers who want to volunteer their time, and organisations that provide legal help to the public for free through volunteer lawyers.

The NPBC plays a crucial role in supporting pro bono through its numerous projects, including:

• hosting a volunteer portal that connects legal professionals with pro bono opportunities
• connecting pro bono lawyers and charities with service providers (such as ediscovery, forensic accountancy or translation services) through the Pro Bono Expert Support scheme (delivered with Pro Bono Connect)
• delivering a case study scheme to support charities that do pro bono
• playing a key role in the delivery of the annual Pro Bono Week
• supporting regional pro bono committees and in-house pro bono
• developing resources and guidance for both legal professionals and frontline charities

Visit nationalprobonocentre.org.uk or email admin@nationalprobonocentre.org.uk for more information.

International pro bono organisations

Advocates for International Development

Advocates for International Development (A4ID) enables organisations to access pro bono services through its partnerships with law firms, in-house legal teams and barristers’ chambers.

A4ID offers training and events on the law and international development for lawyers and law students.

A4ID provides support to NGOs, inter-governmental organisations, developing country governments and social enterprises.

Advice and assistance is provided to organisations working towards global poverty eradication or sustainable development in any part of the world.

All areas of law are covered from commercial legal needs, to legal research, advocacy and training.

Telephone: 0203 559 6244

Email: info@a4id.org

International Senior Lawyers Project-UK

International Senior Lawyers Project-UK provides the pro bono services of highly skilled and experienced lawyers to promote human rights, equitable and sustainable economic development and the rule of law worldwide.

It assists governments, non- governmental organisations and other institutions working to build legal capacity and to advance the rights and well-being of their citizens.

They assist communities, non-governmental organisations and governments internationally.

Email: info-uk@islp.org

iProbono

iProbono has built a network of over 50,000 lawyers and 1,200 organisations, with more than 630 projects that have been completed in 29 countries.

It provides end-to-end support – working with organisations to diagnose their needs, scope out projects and bring together a team of people to accelerate their work. It works with all civil society organisations and social enterprises (not-for-profit).

iProbono is constituted to assist civil society organisations for matters that support the public good. It cannot take on private matters for members of the public.

Email: contact@i-probono.com

PILnet

PILnet helps charities and NGOs to access free legal assistance. From its six offices around the world they act as a matchmaker between NGOs that need legal help and expert lawyers that are willing to volunteer their time and skills.

PILnet provides support to charities, NGOs, not-for-profit organisations, social enterprises and community groups.

It provides local and international legal research, advice, training and representation.

Support is provided across all areas of law including employment, contracts, tax, human rights, equality and public law. PILnet is unable to assist individual clients.

Contact Ms Ágnes Almádi, operations manager on info@pilnet.org.

The Global Pro Bono Bar Association

The Global Pro Bono Bar Association is a global legal professional membership and advocacy organisation with members on five continents.

The Global Pro Bono Bar Association is incorporated as a recognised 501(c)(3) nonprofit organisation in the United States.

Its vision is to empower individual Advocates of Conscience around the world to work together to realise universal human rights, human dignity, and critical public interest advocacy in areas of broad moral consensus.

The Global Pro Bono Bar Association actively engages with projects in:

• modern slavery
• global poverty
• justice and human rights
• abuse of anti-defamation law
• environmental justice

TrustLaw

TrustLaw is the Thomson Reuters Foundation’s global pro bono legal programme.

They connect lawyers around the world with NGOs and social enterprises, to provide free legal assistance to help organisations scale their impact and operate more effectively.

NGOs, social enterprises, law firms and in-house corporate legal teams can become members of TrustLaw.

Members of TrustLaw can submit requests for pro bono legal assistance. TrustLaw will connect them with law firms who can provide:

• legal research
• drafting of employment and volunteer agreements
• corporate structuring advice
• partnership or funding agreements, and
• intellectual property support

Civil

To qualify for legal aid in a civil matter, it must satisfy three criteria: means, merits and scope.

A client’s income and capital must be within certain limits.

The LAA has an online eligibility calculator to work out whether a client would qualify financially.

This is not foolproof – for example, it does not make clear to a victim of domestic violence seeking a divorce that their partner’s income and assets should be disregarded.

A person in receipt of certain ‘passporting’ benefits will automatically pass the income test but they would also need to satisfy the capital test. The passporting benefits are:

• income-related Jobseekers Allowance
• income-related Employment and Support Allowance
• Income Support
• those in receipt of the guarantee credit part of Pension Credit, and
• those in receipt of Universal Credit

All legally aided clients must be advised at the outset that, at the conclusion of a case, where a client receives money or property, this can be subject to the statutory charge.

This is where the legal costs of the solicitor or firm will have to be paid back to the LAA by the successful client. In this respect, legal aid is not always free.

In some areas of law, legal aid is available but the client will be charged a contribution which varies according to their means.

Once a client has been deemed financially eligible for legal aid, a merits assessment must be carried out. This looks at the benefit to the client and the likelihood of success.

Finally, turning to scope, LASPO reduced the areas of law for which legal aid is available and these are set out in Schedule 1 LASPO.

As a brief overview, the following areas remain in scope for legal aid:

Housing

• Defending possession proceedings for rent arrears and antisocial behaviour
• Staying eviction
• Advice and assistance regarding homelessness and representation for homeless appeals
• Claims for disrepair where there are serious health concerns and for counterclaims in possession proceedings
• Claims for harassment and for injunction proceedings

Family

• Private family matters where there is qualifying evidence of domestic violence or abuse
• Child protection proceedings and child abduction cases
• Family mediation

Asylum and immigration

• Asylum applications
• Applications for Indefinite Leave to Remain on the basis of domestic violence
• Applications by EU citizens to remain in the UK due to relationship breakdown or domestic violence
• Applications to stay in the UK from trafficking victims
• Proceedings before the Special Immigration Appeals Commission
• Applications for asylum support (provided the application is for both accommodation and subsistence)

Mental health

• Applications to the Mental Health Tribunal
• Court of Protection proceedings
• Deprivation of Liberty cases

Community care

• Obtaining and challenging community care assessments
• Issues regarding payment for services and problems with direct payments
• Issues relating to abuse and sexual assault
• Advice and assistance with Disabled Facilities Grants and home adaptations

Welfare benefits

• Appeals to the Upper Tribunal or above

Council tax reduction

• Appeals to the High Court or above

Many cases of discrimination, special educational needs and debt (including mortgage possession cases) are still in scope for legal aid but it is a mandatory requirement that applications must, in the first instance, be made through the Civil Legal Advice (CLA) Helpline.

It is important to keep a record of such calls in case the client wants to challenge a negative eligibility decision.

Civil legal advice line

It may be possible for a client in need of legal help to access some advice through the CLA helpline. The CLA is run by the LAA and offers free legal advice covering various matters.

For some areas of law, as noted above, it is a mandatory requirement to have sought advice through the helpline before being able to see a solicitor face-to-face.

The helpline is confidential but, as with legal aid, is subject to eligibility.

Call the CLA service on 0345 345 4 345.

Housing possession duty scheme

For clients who are facing possession proceedings in the county court, there are duty advice schemes for free legal advice and representation on the day of the hearing.

The scheme operates in county courts in England and Wales.

A specialist advisor on the day can assist with representation and reaching an agreement with the opponent.

Clients should be encouraged to obtain early advice wherever possible.

Exceptional case funding

As noted, LASPO reduced the areas of law for which legal aid is available.

However, recognising that there may be cases where the refusal of legal aid would make it impossible for someone to access justice, LASPO introduced exceptional case funding (ECF).

This means that it may still be possible to obtain funding where the case is otherwise out of scope for legal aid.

ECF is available where without funding there would be a breach of EU rights or rights under the European Convention on Human Rights.

For instance, it may be possible to obtain ECF for the following:

• where there would be a procedural unfairness resulting in a breach to the right to a fair hearing, so engaging article 6 of the European Convention of Human Rights
• to protect the right under article 8 of the European Convention (the right to respect for private and family life) for example, in a family reunion case where legal help is required
• to uphold the right not to be tortured or treated in a way that is inhuman or degrading under article 3 of the European Convention
• representation at an inquest – to give effective access to the right to life under article 2 of the Convention

ECF is also available whenever legal aid is ‘necessary’ to ensure effective access to EU law (in areas where EU rights continue to be relevant post-Brexit).

To obtain ECF, applications must be made to the exceptional cases team at the LAA.

ECF is still subject to eligibility, so all applications need to be accompanied by means and merits details.

It is possible for an individual to apply directly for ECF without instructing a representative. The applicant will be offered a preliminary view on their application.

The applicant can then take the preliminary view to a solicitor where a full funding application can then be made.

It is also possible for solicitors working in organisations who do not hold a legal aid contract to apply for ECF.

However, the LAA may want the case transferring to a solicitor within an agency where a contract with the LAA is held.

If the application for ECF is unsuccessful there is an internal review procedure.

Grounds for review together with any supporting documents must be sent to the ECF Team at the LAA within 14 days of the date of the decision not to award funding.

If the refusal of the funding is upheld, the only way to challenge this is by way of judicial review.

The Public Law Project (PLP) may be able to assist with ECF funding applications and challenges against refusal decisions.

The PLP is an independent legal charity whose aim is to improve access to public law remedies.

Criminal

Anyone who has been arrested or is going to be interviewed by the police under caution is entitled to free legal advice and representation at the police station.

This does not depend on financial circumstance so is not subject to an eligibility check.

After this initial advice, for any further assistance which may be required, legal aid may be available depending on the circumstances.

If advice and assistance is required between being seen at the police station and going to court the type of legal representation needed is subject to various criteria.

To get legal representation (a representation order), the interests of justice test must be satisfied and the means or eligibility test must also be satisfied.

The interests of justice test is always satisfied if the offence is an indictable only offence (an offence that can only be heard at the Crown Court).

Other offences depend on the circumstances and a criminal solicitor is best placed to advise on this.

To satisfy the means test, it is necessary to look at a person’s earnings.

An online eligibility calculator can be used to assess whether a person qualifies for legal aid to assist with their criminal case.

For a representative order in the magistrates’ court, a person will automatically qualify if they are in receipt of passporting benefits

Anyone under the age of 18 also automatically qualifies. Otherwise, qualification will depend on a person’s income.

If at the magistrates’ court, a person is not entitled to legal aid, they may receive free advice from a duty solicitor who will be on the duty rota for that day.

But this duty rota scheme does not cover non-imprisonable offences.

Assessment for legal aid at the Crown Court may be subject to a contribution depending on a person’s means and they may have to make a contribution towards the costs of the defence.

However, if there is a finding of not guilty at the end of the case any payments made will be refunded.

It is also possible to apply for legal aid for Advocacy Assistance to cover the costs of case preparation and for initial representation.

Typically, Advocacy Assistance covers cases dealing with prisoners.

What to do if you think someone might be eligible

Given the requirement to investigate whether legal aid may be available, pro bono assistance could be used to great effect to help a client assess eligibility.

For instance, help could be provided by completing on-line eligibility checks, phoning the CLA and assisting with either finding a legal aid solicitor or, signposting accordingly if the client is eligible.

With regards to ECF applications, and in light of the potential complexity of these cases, assistance could be provided to identify possible breaches of the relevant law giving rise to an ECF application together with assistance to complete the form.

ECF applications can be complex and it may be difficult for a client to find someone willing to invest time with such applications.

There is a vital role for pro bono solicitors to provide such assistance.

Help could also be given to refer a potential ECF case to the PLP, especially where there may be a challenge to a refusal to grant ECF funding.

Legal expenses insurance (LEI)

An example of this kind of situation is where a client has a legal expenses insurance policy which may cover them for their legal matter.

LEI can be purchased on a standalone basis, but it is also often included with other policies (for example, household building and contents policies).

It can also be an optional and sometimes free extra with other financial products such as bank accounts or credit cards.

For these reasons a client may be a policyholder without necessarily realising it.

LawWorks have produced a useful resource for advisers on LEI.

A client who can claim under a LEI policy would generally be better served in doing so.

Not only would such a policy cover their own legal costs but also disbursements and an order to pay the other party’s costs.

The consumer group Which(?) provides a range of consumer facing information on different LEI products.

Trade unions

In some cases, trade unions may also cover a member’s legal fees.

The areas of law covered may extend beyond employment law matters.

The trade union may cover the costs of the member’s own representation and disbursements and there may also be protection to pay the other party’s costs.

Private funding

In exploring funding options, regard should also be had to the range of ways legal assistance may be privately funded, whether through:

• conditional fee agreements (a ‘no win, no fee’ after the event insurance arrangement)
• contingency fee agreements (i.e. damages based)
• private payment

With regard to private payment, consideration may be given to whether assistance may be available on an unbundled basis.

It is important to note that opportunities to unbundle may not be advertised but rather offered where a client has run out of funds following earlier access to a full privately paid legal service.

Another form of private payment could be through crowdfunding an initiative.

CrowdJustice for example is the leading online fundraising platform specifically designed for legal action.

Funding information checklist

Originally found in Kevin Kerrigan and Victoria Murray (eds), A Student Guide to Clinical Legal Education and Pro Bono, 2001, Palgrave Macmillan reproduced with permission of Palgrave Macmillan.

Support through Court

Support through Court, previously known as the Personal Support Unit, helps litigants in person, their friends and families, witnesses, victims and inexperienced court users.

It is based in courts and university buildings around England and Wales.

Trained volunteers give free, independent assistance to people facing proceedings without legal representation in civil and family courts and tribunals.

Support through Court also offers a National Helpline Service on 03000 810 006 and an online service, which supports anyone across England or Wales who is unable to access its local services.

Advicenow

Advicenow, formerly known as Law for Life, is an education and information charity.

It aims to increase access to justice by providing everyone with an awareness of their legal rights, together with the confidence and skills to assert them.

Advicenow provides legal support including:

• easy-to-use information
• legal self-help tools
• education and training to help people going to court understand how going to court works and what to expect

Royal Courts of Justice Advice Bureau

RCJ Advice – Citizens Advice and Law Centre is an independent charity, based originally out of the Royal Courts of Justice in central London, providing a number of local and national services.

Its services include:

• legal advice in areas of law including civil, housing, and family
• Finding Legal Options for Women Survivors (FLOWS), a legal advice and support service designed to protect women from the effects of domestic abuse
• CourtNav, an award-winning online tool designed to help people who are completing an application for non-molestation and/or occupation order
• advice to Islington residents through the Citizens Advice Islington service
• support for individuals who have experienced a miscarriage of justice
• Time Together, the only court-based child contact centre in the country
• an immigration consultancy service advising Citizens Advice staff and volunteers across England and Wales
• legal aid in housing and family
• Housing Loss Prevention Advice Service at the Central London County Court

Free Representation Unit

The Free Representation Unit (FRU) is a charity that provides:

• legal advice
• case preparation and advocacy in employment
• social security, and
• some criminal injury compensation tribunal cases

FRU provides representation in:

• employment tribunals (and the Employment Appeal Tribunal)
• benefit appeals in the first-tier tribunal (and Upper Tribunal)
• criminal injury compensation cases in the first-tier tribunal (and Upper Tribunal)

It can assist individuals that have a hearing date at a tribunal in London and the south east or those whose case is referred to them by one of its referral agencies.

FRU only takes cases directly from members of the public in short Employment Tribunal cases under its self-referral.

Employment Tribunal Litigants In Person Support Scheme

The Wales Employment Tribunal established a LiP working party made up of representatives from pro bono organisations, judiciary and HMCTS.

The LiP working party supported the launch of a Employment Tribunal Litigants in Person Support Scheme (ELIPS).

The ELIPs clinic runs online clinics and is available to unrepresented litigants in person who meet their criteria.