Some people are entitled to help with their legal fees under the public funding system, also known as Legal Aid, which is run by the Legal Services Commission. Anthony Gold has franchises in clinical negligence, family, housing and community care law. This means that we are recognised as specialists in these areas.
Public funding covers legal work involved in preparing for, and being involved in, court proceedings. This type of work is not normally covered by the Legal Help Scheme.
The Legal Services Commission must authorise all work undertaken under the scheme. To be granted public funding you have to show that you are financially eligible:
- If you receive Income Support or income-based Jobseekers' Allowance, or if you are on a very low income, you will not have to pay anything towards your legal fees.
- If you have a higher income you may still be eligible for public funding but you may be asked to pay a fixed monthly contribution to the Legal Services Commission whilst your case is going on. Your contribution is worked out on a calculation involving your income, your outgoings and what your family needs to live on.
- The Legal Services Commission also looks at how much you have in savings and other assets. If you have less than £3,000 you are likely to be eligible. If you have between £3,000 and £6,750 you may have to pay a monthly contribution. If you have more than £6,750 you will not be eligible.
As well as looking at financial eligibility, the Legal Services Commission also looks at the type of case you are involved in and considers whether the case justifies public funding:
- If your case is about compensation, for example for clinical negligence, the Legal Services Commission will balance the likelihood of you winning, the amount of compensation you would be given if you were successful, and the likely legal fees. They normally require you to show that your likely compensation exceeds the likely costs by a certain proportion. If it is unlikely that you will win, or if the costs involved are greater than the compensation, you may not be granted funding.
- If your case is about more than simply money, for example where you are trying to get repairs carried out to your home, the Legal Services Commission will consider whether the likely benefit to you in bringing the case justifies the likely legal costs. In considering the likely benefit to you, they include both your prospects of winning, and what you will achieve if you do win.
If you are eligible for public funding we will explain all the implications to you in full at the outset.
