Disadvantages Of Conditional Fee Arrangements For Legal Aid

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ANALYZE THE ADVANTAGES AND DISADVANTAGES OF CONDITIONAL FEE ARRANGEMENTS FOR LEGAL AID: In this essay type question, a discussion will be given based on legal aid, conditional fee arrangements, its meaning, its role and function towards the legal aid system. Following up will be given the advantages and disadvantages of conditional fee arrangement for legal aid. The Legal assistance and Service Act set up the legal aid stratagem in England and Wales which was established from Access to Justice (AJA) 1999. The Legal Aid provided assistance and legal counselling to the nation and those people who are accused of a crime and are unable to afford legal representation. This means a fairer legal system for all people involved in it. However, in…show more content…
This action was taken resulting from a drastic increasing rate in the legal aid cost, namely from a few hundred million to over 2.1 billion pounds from the 1980s to 2000. Conditional fee arrangement (CFA) is between a client and a solicitor that is drawn up when the client wishes to make a claim. Simply it is an agreement on financial arrangement on the fees payable based on the outcome of litigation between a solicitor and a client who come together and agree to share the…show more content…
There can be access to justice on personal injury and business disputes. In the case of Thai Trading Co v Taylor [1998] 2 W.L.R. 893, it was held that, provided a solicitor did not charge more than his usual charge out rate in the event of success. Through this way it is easier for people to claim their losses rather than going through the process of legal aid. However this can also have its negative impacts on the community. Since the permitting of conditional fee agreements (CFA), statistics shown that there has been a drastic increase on the number of claims in the councils on accidents for compensation using legal processes. This can be a disadvantage for those with low incomes since solicitors will only take up cases which may have a large financial outcome to a client, thus denying the poor individuals access to justice even if they has a good
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