When someone walks in unable to pay for legal help, the first thing they want to know is whether the state will fund their case. Answering that is a core skill for any solicitor doing publicly funded work: you need to know what falls within the scheme, who qualifies, and how funding behaves once it is granted — including what your client may have to repay at the end.
This lesson takes you through the system in the order you would actually apply it, from the threshold questions to the consequences of recovery.
What this lesson covers:
- Framework and Scope — what civil legal aid is, the three cumulative requirements, and how to tell whether a matter is in or out of scope.
- Exceptional Case Funding — the safety net for out-of-scope cases where refusing legal aid would breach the client's rights.
- The Means Test — how income and capital are assessed, passporting benefits, partners' resources, and contributions.
- The Merits Test — sufficient benefit, prospects of success, and the proportionality of cost against likely benefit.
- Levels of Service and Procedure — controlled versus licensed work, the forms of help available, and keeping a case under review.
- Statutory Charge and Withdrawal — how the LAA recoups its costs, and the difference between revocation and discharge.