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Overview of Legal Aid Reform

 


             Section 1 AJA 1999 established the Legal Services Commission, which is the body that replaced the Legal Aid Board, and is now the administering body. It is made up of 7 to 12 members appointed by the Lord Chancellor. Section 2 AJA 1999 allowed the CLS and the CDS to be created to replace the old civil and criminal schemes. Section 3 AJA 1999 provides the LSC with sufficient jurisdiction to undertake inquiries, to make contracts, loans and investments, and accordingly advise the Lord Chancellor. The CLS was established by s.4 AJA 1999, 'for the purpose of promoting the availability to individuals of services described as available under the civil justice system, and that individuals have access to services that effectively meet their needs'. To this end, s.5 AJA 1999 provides the budget for the LSC to maintain a CLS fund. The LSC funds these services by entering into contracts with solicitors by way of a franchise, which basically means that solicitors who have successfully secured the franchise must manage the fund given to them and justify their expenditure on the basis of each case handled by them. This transfers the burden to the solicitors to show that their case or cases should be funded. The aim of the LSC in introducing the franchise scheme was to secure value for money. Hence, if solicitors feel that the chance of success in a case is unlikely to materialize, they are deterred from expending money given to them by the LSC. This leads to effective fund management on the part of the solicitors.
             It is interesting and intriguing to observe that in a review article by Yarrow in 2001 no horns were sounded echoing the success of the CLS. So, those who are ineligible for public funding have to pay privately for legal services, and this can be expensive, particularly in London. This therefore discourages people from pursuing their rights. For this reason, the Lord Chancellor has developed the conditional fee arrangement (CFA).


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