Analyze the Advantages and Disadvantages of Conditional Fee Arrangements for Legal Aid

1734 Words Apr 21st, 2011 7 Pages
Essay Title:
ANALYZE THE ADVANTAGES AND DISADVANTAGES OF CONDITIONAL FEE ARRANGEMENTS FOR LEGAL AID

THE RESEARCH ESSAY

ANALYZE THE ADVANTAGES AND DISADVANTAGES OF CONDITIONAL FEE ARRANGEMENTS FOR LEGAL AID

Conditional Fee arrangements was introduced as an attempt to transfer legal funding from the treasury to the private sector. Before starting discussion of the advantage and disadvantage of conditional fee arrangement for legal aid we better to give a look what Conditional Fee arrangements is ---------

Conditional Fee Arrangement is an agreement whereby a lawyer and a client can agree to share the risk of the litigation by coming to a financial arrangement on the fees payable based on the outcome of the litigation. "No win,
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Some even had to pay more. This does not seem to be a system to help the poor!
The quality of justice has been described by the CAB (Citizens Advice Bureau) as appalling ever since the CMCs have started to act as middlemen for lawyers and clients in setting up a Conditional Fee Arrangement in personal injury cases. CMCs use hard-selling marketing tactics which pressures victims into entering into a contract with them. Often, they start by saying that they do not need to come out with a cent in seeking compensation but later on in some tiny footnotes they would write that the client may be subject to some payment. Essentially, not paying a cent is true, where legal costs is concerned, but damages are not always enough to pay back the interest rates of applying for a bank loan, which was meant to supply the insurance premiums. Because of the straightforwardness of some cases, some lawyers also take advantage of the situation to drag the case so that they may be paid more legal fees. Many consumers have complained that Conditional Fee Arrangements cases are so inefficient that they find it hard to resume their daily lives. Some straightforward cases were said to take up to months[8].

This year The Jackson Report has led to many changes to the Conditional Fee Arrangements scheme and following analysis is from disadvantage views--.

For one, the Conditional Fee Arrangement Act 2010[9] aims to reduce the success fee from 100% to 10% maximum. This is

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