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

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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, …show more content…

However, many such as the Law Society and the Manchester Law Society have spoken up for the lawyers saying that the 100% success fee should maintain. Many lawyers also seem to object to this move[10]. This goes on the grounds that it is important that there are incentives for lawyers to do work. After all, if they lose the case, they are not paid, and these lawyers are really gambling out there. Based on my opinion, what this amendment does will cause severe repercussions. This will not stop the problem of cherry-picking. Rather, it will result in more cherry-picking because there is a tendency to do almost no-risk work. Also, this would mean that many people would lose the option to enter into a Conditional Fee Arrangement as supplier base would probably decrease due to less sure-win cases. Next, to look at the problem of dragging cases to increase profits, this might actually persist and get worse in order to earn more. Hence I would feel that this is an effort, despite its good intentions, that would be difficult to bear fruit. Now we concentrate on advantages-- Conditional Fee Arrangements create opportunities for them who failed to qualify for legal aid. It is a progress of “access to justice”. the Access to Justice Act (AJA) 1999 gives a provision to the middle income group that not qualifying for legal aid, but they don’t have ability to afford legal services at all. For example 2000-2005 alone, personal injury cases

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