subject: Affect Of The Changes In Legal Aid [print this page] Legal Aid is funding to help those who cannot afford legal assistance when they are involved in a legal matter. This can be if someone has been accused of a criminal offence, are involved in a family law situation (such as a divorce), as well as many other things. Who qualifies for legal aid depends on a number of factors, such as income and assets, and the aim is to help those who need financial assistance when it comes to legal matters. Legal Aid funds solicitors and advice agencies who will then work with those who qualify. Those who are entitled to legal aid can contact the relevant agencies and law firms when they need legal help.
There have been changes to the way in which the legal aid system works due, in part, to cuts in its budget, which could be cut by over 20%. Previously participating law firms had been paid on a case by case basis when helping clients who qualified for legal aid. Now law firms must bid for blocks of contracts, meaning less law firms will be able to offer assistance with the use of legal aid. Although the same amount of work will be carried out under legal aid in total it means that less law firms will participate. This has been criticised by law firms who believe this vastly reduces the choice clients have as to which law firm they use and could cause a conflict of interest. With less law firms able to qualify it means there is inevitably less choice. It could also mean greater distances between firms, so clients may have to travel further to see a solicitor. As legal aid helps those most in financial need this could mean clients incur more costs, something some may not be able to afford. And with less law firms, some may end up representing more the one side in a case causing a conflict of interest.
Another potential problematic factor is that the criteria that law firms must fit has become stricter. Some law firms has claimed that certain unnecessary rules have been put in place, meaning that many who would have done previously, are unable to apply to be a legal aid firm.
According to the Legal Services Commission, who runs legal aid in England and Wales, the number of law firms that have won new contracts is only 1,300, compared with 2,400 who were previously offering legal aid funded legal advice. That is a drop of almost 50%.
Many have suggested that family law will be particularly affected. This is because many family Family Law Solicitors are small, niche firms, who under the new system will find it more difficult to help on a large number of cases. Being able to work on a case by case bases suited them much better.
