Funding Information Sheet
Legal Help, Family / Matrimonial
As you were advised during our meeting, you are eligible for advice and assistance under the Legal Help, Help at Court and Family Help (Lower) scheme (Legal Help scheme). This is a form of Legal Aid that will fund the costs of the legal advice and help that you will receive in respect of your family / matrimonial problem. This Information Sheet will provide specific information about this level of funding, any limitations to it, your obligations and other important information. This Information Sheet should be read in conjunction with the Client Care Letter that you will have also received. You should keep this Information Sheet safe as you may need to refer to it in the future.
A costs estimate is provided in the accompanying Client Care Letter. This is not a request for payment but it is a requirement that we provide you with this information as there are certain circumstances when you will have to repay some or all of the costs covered under the Legal Help scheme.
If we are successful in recovering money or recovering property on your behalf, it is possible that you might have to pay for some of your legal charges out of any money or property that you recover or preserve. This will only apply if the costs of your case become “exceptional”. This means that the costs of your case are in excess of three times the standard fee(s) that would normally be payable to us by the Legal Aid Agency. If the costs are in excess of this then you may have to pay back any further costs incurred above this amount. This is known as the “Solicitor’s Charge”.
The fixed fee(s) that apply depend on the type of case and the level that the case reaches. You will have been told at our meeting whether the solicitors charge is likely to apply to your matter and the fixed fee(s) that apply will have been confirmed to you in writing.
If your case cannot be settled by negotiation, we may need to apply for a public funding certificate to represent you in proceedings. In such circumstances, you may have to pay back all the costs of your case, including any costs incurred before the certificate was issued. This is known as the Statutory Charge and is explained in more detail on the Funding Information Sheet titled “Statutory Charge”.
You do not have to pay anything towards your Legal Help in advance.
The Legal Help scheme will cover all expenses and charges incurred in dealing with your matter in the office. The Legal Help scheme does not however extend to representation at Court hearings. If this is necessary, you will need to make an application for full public funding to the Legal Aid Agency. This will be explained to you and discussed in more detail as and if required. In addition the Legal Help scheme does not extend to Court fees. Instead you will need to apply to Court for exemption or remission from such fees under the Court fee exemption scheme providing evidence of your financial position. The Court will then assess your eligibility and determine whether you are entitled to a full exemption from the fee i.e. no requirement to pay a Court fee, or a partial remission i.e. requirement to pay a contribution towards the fee. In addition, there may be disbursements that cannot be funded by the Legal Help Scheme, for example, formal property valuations. If there are likely to be disbursements within your matter that are outside the scope of the Legal Help Scheme you will be advised accordingly.
Our charges are calculated mainly in respect of time spent dealing with your matter. Time spent will include meeting with you and perhaps others; considering, preparing and working on documents and other paperwork; correspondence; making and receiving telephone calls; etc.
If your case becomes exceptional, it is important that you are aware of the hourly rates that will apply. The hourly rate applied to Legal Help work is currently £45.95. The work carried out on your behalf under the Legal Help scheme will be charged for each hour or part of an hour (in six minute units). Routine letters written and routine telephone calls both made and received will be charged at £3.65 per item. Routine letters received are not charged. Non routine letters and telephone calls will be charged on the basis of the time spent dealing with them. Travel and waiting will be charged at £25.74 per hour or part of an hour (in six minute units).
VAT will be added to all charges at the appropriate rate which is currently 20%.
As you have been advised, in order to receive Legal Help you need to be financially eligible and at our meeting, an assessment was made of your financial circumstances. Your eligibility for funding is based on the information that you provided during our meeting. It is however essential that you provide documentary evidence of your capital, income and relevant expenditure if you have not already done so. You must also provide us with further information if your financial circumstances change, for example if your earnings rise dramatically or you get any money from selling your house or via an inheritance. This is because we may have to carry out a further assessment of your financial circumstances to determine whether you are still eligible for help and advice under the Legal Help scheme.
In addition, in order to receive Legal Help, the “merits” of your matter were also assessed. This means assessing whether there is a reasonable chance of you succeeding and whether it is worth the time and money needed to succeed. It also requires you to conduct the case in a way that is reasonable. If at any time we believe that you are not doing so, or that you have been untruthful, we may withdraw your Legal Help funding.
If you have any questions about the information contained in this Information Sheet, or you require anything explaining to you please contact the office.
