What is Legal Aid? - Journey Over the Years
The history of Legal Aid goes all the way back to the 1940s, when the Legal Aid and Advice Act 1949 was established. This detailed the UK’s first state-funding legal aid system, and it was largely directed towards making divorce a more accessible option for people. At this time, Legal Aid could be sought for almost any civil or criminal issue, and was available to anyone who was of moderate means. This made 80% of the population eligible for some degree of Legal Aid, but things have changed slightly over the years.
By the 1980s, Legal Aid expenditure had risen and to reduce this cost, Legal Aid cuts were made. In 1986, changes meant that only 63% of people were eligible, and those that were had to contribute more towards rising legal costs. By 1995 the annual cost of Legal Aid was £1.4 billion, but the number of people eligible for Legal Aid has decreased over the years. Only 27% of people could access Legal Aid by 2007, which has meant that a lot of firms put Legal Aid work on the backburner. However, with rising costs and people struggling financially, Legal Aid is quickly returning to being a key part of the legal system.
What is Legal Aid?
Legal Aid is there to help people cover the costs of legal advice, representation in a court and family mediation. Legal Aid does not always cover all of the costs and some individuals may need to contribute in some ways, such as paying some of the costs beforehand, or paying the costs back if they win money or property as a result of the case. In the UK, everyone has the right to free legal advice if they are arrested or questioned at a police station. However, not everyone is entitled to Legal Aid. Accessing Legal Aid is dependent on the type of case and the financial circumstances of the individual. Even if a case is eligible for Legal Aid, it needs to be proven that the problem is serious enough to deserve Legal Aid and that the individual cannot afford the legal costs otherwise.
Who is Legal Aid For and Areas Covered
Legal Aid is for those on a low income and with a serious legal problem, such as being at risk of losing their home, at risk of abuse or serious harm, such as domestic violence. Legal Aid is means tested and things such as income, family circumstances and living costs are all taken into account. It’s available for civil cases and criminal cases, and a wide range of legal areas are covered, including:
- Immigration detention
- Discrimination
- Certain types of debt where a person’s home is at risk. This includes mortgage possession, orders for sale of the property and involuntary bankruptcy.
- Certain types of housing where the person’s home is at risk or they are homeless. This includes eviction, disrepair, anti-social behaviour and homelessness assistance.
- Public family law related to protecting children.
- Private family law where there is evidence of child abuse, domestic violence, child abduction and forced marriage protection cases.
- Special educational needs
- Asylum claims
- Some clinical negligence cases where a child suffers neurological injury.
- Some welfare benefits cases where there is an appeal.
- Mental health and mental capacity
- Judicial review
Day in the Life of a Legal Aid Lawyer
No two days are the same working as a Legal Aid lawyer, and each day requires something slightly different from you professionally. Whereas a lot of lawyers rarely have to attend a court hearing, Legal Aid lawyers are regularly stepping foot inside the courtroom and trying to do what’s best for their client. As a Legal Aid lawyer, you will represent clients in court hearings and mediations, and your role is to ensure that they are cared for and correctly advised legally.
Often, there is a quick turn around for a Legal Aid lawyer, with clients needing assistance at the last minute. This means you need to be knowledgeable in various aspects of the legal system, and able to put a plan into action quickly. First, your job is to get to the bottom of the problem and find a viable solution, whilst advising them on the next steps to take. This could mean you spend the day negotiating with a landlord or handling a complex eviction, or it could mean dealing with immigration detention.
As a Legal Aid lawyer, your job is to help a client from beginning to end. Not only is your role to represent them through legal proceedings, but a good Legal Aid lawyer will be there until they are back on their feet. It’s easy to see why emotional empathy is just as important in Legal Aid as legal expertise.
Why Work as a Legal Aid Lawyer?
There are a lot of different legal career paths to take, so why is Legal Aid one that’s worth considering? A lot of the time, the people who are eligible for Legal Aid are those who are the most vulnerable, and so they need help the most. As a Legal Aid lawyer, you will be helping people who may not otherwise have access to the vital legal assistance, guidance and representation that they need. Without Legal Aid, they wouldn’t have a voice and they would be denied their right to access justice, which is a basic human right.
To be a Legal Aid lawyer, you not only have to have a passion for law and doing what’s right, but you also need to have a determination to help others. There’s a lot of work that goes into a career in Legal Aid, but it certainly pays off when you successfully help clients who would otherwise go without. If you are intent on helping others, working as a Legal Aid lawyer could be the ideal career path for you.
If you are interested in a Legal Aid career, please get in touch for a confidential chat.