Provision of legal services - levels of service

Civil - provided by Community Legal Advice
Levels of Service	Public money pays for solicitors, barristers, investigation and other fees (disbursements) at different "levels"
1. General Information - (civil)
General Information	The Legal Services Commission provides general information about the law, the legal system, and the availability of legal services, stopping short of advice about a particular case. There is a government web site, AdviceNow, the LSC provides leaflets, government departments provide information and some excellent websites.
2. Legal help - (civil)
Legal help	Provides initial advice and assistance with any legal problem from a solicitor or any other organisation. This is sometimes referred to as the �green form� scheme (for historical reasons). ("Legal Help" replaced "advice and assistance" provided under the Green Form/Claim 10 - Green Form Scheme or Form 10)
�500 worth of work covered by "Legal help" scheme	The legal help scheme covers �500 worth of work by a solicitor (formerly 2hrs). The solicitor can apply for extra time to finish the work under the scheme. This is usually known as an extension.
Two criteria Benefit Reasonableness	For the case to qualify for the legal help scheme, there are two criteria that must always be met: - 1. Help may be provided only where it can be shown there is a benefit to the person 2. Help may be provided only if it is reasonable for the matter to be funded.
Other criteria, e.g. prospects of success	In addition to these criteria, there may be other criteria applied, depending on the nature of the case, for example, if the case is about possession of a person's home, legal help will be refused if the prospects of avoiding possession are poor.
Matrimonial matters.	A solicitor can represent a person in Divorce, Judicial Separation, or Nullity proceedings under the "Legal Help" Scheme. This is only if those proceedings are "Undefended", (a partner is not challenging the proceedings) and if a person qualify for assistance under the Scheme. Legal Aid is not usually available to defend a divorce unless there are very good reasons for defending the divorce. If a partner defends the divorce so that it leads to a trial a person may be able to obtain Legal Aid on the basis that a partner�s actions mean that a person have no choice but to attend a trial in order to obtain a divorce and a person need representation at court. In order to sort out children disputes or financial matters a person will need to apply for "Legal Representation".
3. Help at court- (civil)
Help at court	This covers help and advocacy for a client at a particular hearing without formally acting as legal representative. Subject to same �500 limit of work. These cases are those where a person needs help to present issues to the court, for example a debt case where the only issue is when and how the debt is to be paid. Financial eligibility and other criteria is the same as for the legal help scheme. Additionally, the solicitor or adviser must think it is appropriate and cost-effective to attend the hearing rather than simply write a letter on their client's behalf.
4. Family mediation - (civil)
Family mediation	This covers mediation of a family dispute about money, children and property; including assessing whether mediation appears suitable to the dispute, the parties and the circumstances of the case, and trying to reach an agreed settlement with the help of an independent mediator.
5. General Family Help - (civil)
General Family Help	A Means Tested funding for negotiation or otherwise, including services covered by Legal Help. Also the steps needed to obtain the early resolution, or a consent order. But not representation at a contested final hearing.
6. Legal representation -(civil)
Legal representation	(subject to the scope and merits rules) This includes litigation services, advocacy services all help usually given by those providing representation in proceedings, and all help usually given by those in arriving at or which results in a settlement, which avoids or ends any proceedings. This does not include the provision of mediation or arbitration. However, help can be given regarding mediation or arbitration or with the payment of mediators' or arbitrators' fees as a disbursement. Investigative help means legal representation, which is limited to investigation of the strength of a proposed claim. Full representation means a grant of Legal representation other than Investigative help.
Legal representation covers: Housing Debt Consumer Employment Appeals	Examples of cases covered publicly-funded legal representation: - Housing � including eviction, repairs, rent arrears etc. Debts - to recover debts by going to court Consumer problems - compensation for faulty goods or services Dismissal � the preparation of a case before the Employment Tribunal but not representation at the Employment Tribunal itself Appeals to the High Court from tribunals such as appeals from Social Security Commissioners' decisions and High Court immigration appeals. Personal injury cases are not generally covered by publicly funded legal representation because it is expected that a "conditional fee agreement"will be used.
High cost cases	However, if the overall costs are expected to be unusually high, some publicly funded legal representation may be available.
Covers non-family mediation Mediation Commercial and community mediation or conciliation	Publicly funded legal representation may cover the costs of non-family mediation as well as those of court proceedings. Mediation is a process of negotiation where the parties are helped by a neutral mediator who assists them in finding a mutually acceptable resolution on major disputes. For the purpose of publicly funded legal representation, the term 'mediation' covers both commercial mediation and community mediation or conciliation. Work in relation to mediation will be paid for only if it is considered reasonable. Some family cases will be considered more suitable for family mediation through publicly funded legal representation rather than publicly funded legal representation being made available for court proceedings.
Such other services	as are authorised by specific orders or directions from the 'Lord Chancellor and Secretary of State for Justice'.
Funding Criteria	Cases will be funded or not for many reasons laid down in the Funding Code: Sufficient benefit to person Reasonable to publicly fund Not excluded cases Not excluded courts Solicitor franchised Case likely to succeed Alternative funding arrangements not available Alternatives to litigation not available
Other cases where legal aid is available	There are some instances where Legal Aid is available regardless of income or capital these include matters relating to children, such as care proceedings and abduction.