Funding your case.

Whatever your needs Burton Copeland will provide you with the highest quality of advice both in relation to your case and also methods of funding. We understand that affordability will be a concern for most when it comes to requiring the service of a lawyer. We will ensure that all funding options are explored and you receive the best and most cost effective solution dependant upon your needs.

What types of funding are available?

There are several funding options and will usually depend on the type of case and in some circumstances your financial circumstances. For example, legal aid is available in respect of all criminal offences, but may be the subject of a contribution in the Crown Court and will be means tested in the magistrates court, meaning that if your disposable income is above a certain figure you will not be eligible. Legal aid will not be available for regulatory or disciplinary matters, but you may be covered by by a legal indemnity on your insurance policy.

Full and detailed information on all of the funding option available are below:

Insurance backed funding

Most assume that legal protection from insurance companies only apply to some motor vehicle insurance policies. However many insurance companies now offer Legal Protection Insurance (LPI) or Legal Expenses Insurance (LEI) as standard and sometimes free options, so you may not know that you have it. Alternatively they are offered as additional options or a “bolt on” to their existing life, home, public liability and other policies.

If, as part of your employment you are a member of a union or professional society, body or organisation you will probably have some form of LEI or LPI.

If you are unsure as to whether you have such a policy or whether you are covered, please contact us.

Some policies will have restrictions on lawyers that you can use often referred to as “panel solicitors”. Even if your insurers indicate that Burton Copeland is not on the panel, please contact us. We can usually abide by any terms and conditions that the insurers stipulate and given our experience and accreditation’s insurers may allow us to become panel members.

Policies invariably contain a clause that allows the insurer to withhold or withdraw funding for a legal action or defence, is there are no “reasonable prospects of success”. Your insurer should only make this decision after taking expert advice, if they have not, they you should contact us to try to appeal the decision or make a complaint to the Financial Service Ombudsmen.

Most policies will only provide cover after the event or start of the action resulting in proceedings. However this is often complicated. If for example you are employed as Doctor and a historic allegation is made against you of negligent treatment. Insurers are likely to argue that you are not covered as the “event” is the negligent treatment which may have taken place before the policy was taken out. You may need a lawyer to examine the terms of the policy for you. Often insurers can be persuaded that the relevant date is not the date of the event, but in fact the date of knowledge of the event.

It is therefore important to check with all of those bodies or organisations you may be a member of and your insurance policies to see what exactly you are covered for.

If you are unsure please contact us and we will assist.

Funding your case privately

Burton Copeland prides itself in providing the very best service at the most competitive rates and if you are not eligible for legal aid and do not have insurance cover we can offer a range of private rate packages to suit you. We appreciate that every person and every case is different and we will work with you to understand your needs and expectations. We also appreciate that defending any case is likely to be extremely stressful period, but the protection in ensuring you get the right advice and representation is likely to ease that stress.

“Professionalism was reassuring, at what was without doubt the most difficult period of my life…. Everything I have achieved since, wouldn’t have been possible without them and for that I am truly grateful, I cannot recommend them strongly enough”

Mr Hanif Mohammed

We will always provide you with clear explanations of your options without any legal jargon and we will ensure you choose a package which is fair, cost effective and appropriate for your circumstances.

1. HOURLY RATE

This service allows you to choose your expert lawyer yourself. We can of course advise you on the individuals available and level of expertise and experience required dependant on the type or seriousness of your case and type of advice and representation required. Your chosen lawyer will attend at all court hearings or other appointments as is necessary and will be your single point of contact within the firm. You will be assured by the fact that you will always deal with the same individual. The hourly rate service ensures that you only pay for what service you receive and nothing more. We will provide you with a quotation before any work starts and you will receive regular statements setting out work done and costs to date.

2. FIXED FEE

We listen to our clients and understand that some would prefer to know the whole costs from the outset. It is for that reason that we also offer a number of fixed fee services, meaning that you can be confident that the price you have been quoted is the price you will pay. This offers certainty from the outset and will mean that there is one less thing to worry about and provides security for any other financial commitments that you have.

To discuss our rate, please contact one of our lawyers here or alternatively call Lisa Nevitt on 0161 827 9500 or please email the team here

Legal aid

Is legal aid funding available for my case?

Legal Aid provides payment to your solicitors by the government.

There are different rules and criteria for different types of cases. For example everybody is entitled to free and independent legal advice at a police station if you are arrested or interviewed a suspect under caution. However if you are charged, summoned or served with a postal requisition this means that you will need to appear initially before the Magistrates Court. Legal aid in the Magistrates Court is dependent firstly upon your financial circumstances, therefore if your income is below a certain threshold you will then have to go on to pass the “interests of justice test” which considers the merits of the case and other criteria. Whether you are at risk of losing your liberty, livelihood, suffer serious damage to your reputation or a substantial question of law is involved are a few of the examples.

Can I get legal aid at the police station?

Yes, legal aid at a police station is not means tested and therefore everybody who is to be interviewed under caution is entitled to free legal advice in interview, either at a police station or by a police officer at another location such as at a home address. The advice can come from either a duty solicitor or a solicitor of your choice providing the company holds a contract with the Legal Aid Agency. Legal aid is also available for other interviews under caution such as those conducted by customs officers.

Expert advice at the police station is crucial and the right advice can often make the difference between being charged or not. If you are employed and charged with an offence you may have to disclose this to your employer and face the consequences of being suspended pending the result of any court case or, at worse, dismissed. For more information as to why the right advice is so important and examples see here

Burton Copeland are criminal defence experts and can provide you with specialist advice and representation at the police station from one of our experienced Solicitors, Legal Executives or Police Station Accredited Representatives.

Senior lawyer representation

If you would prefer a Senior Lawyer or Partner to represent you at a police station then this can be arranged on a privately paid basis. This can be either on the basis of an hourly rate or alternatively we can agree a fixed fee in advance, meaning that you will know the exact cost at the outset no matter how long the interview takes.

If you would prefer representation by a Senior Lawyer please contact Lisa Nevitt on 0161 827 9500 or click here to contact the lawyer of your choice directly.

What about other types of interviews?

There are lots of other agencies who also interview suspects under caution and again legal advice is crucial before answering any questions.

Department For Work And Pensions (DWP)

If you are to be interviewed under caution by the DWP you can receive legal aid if you are in receipt of a pass ported benefit. Please contact our police station department on 0161 827 9500 who can explain your options further.

Business, Innovation & Skills (BIS)

If you are to be interviewed under caution by the Department for Business, Innovation & Skills (BIS) ordinarily you cannot receive legal aid. However please contact our team of solicitors who can advise you of your options.

Many other agencies also conduct interviews with individuals under caution such as;

Trading Standards

Local Council Counter Fraud Teams

Inland Revenue Fraud Investigations

Driver and Vehicle Standards Agency (DVSA)

Vehicle and Operator Services Agency (VOSA)

Anybody interviewed under caution by any of those agencies are also entitled to legal advice and to stop or postpone an interview to obtain legal advice. Legal Aid may be available for interviews conducted by those agencies; it will depend on the circumstances. Legal advice is essential please remember that the purpose of an interview is to obtain evidence against you, so please contact us before answering questions.

Can I get legal aid at the magistrates court?

If you are under 18 or if you receive any of the following benefits you are automatically eligible for legal aid;

• income support
• income-based job seekers allowance
• guarantee state pension credit
• income-based employment support allowance, or
• universal credit

If you have an income greater than £12,475 it is unlikely that you will be eligible for legal aid in the Magistrates Court but if your case is sent to the Crown Court you are likely to be eligible for legal aid once the case is sent. You may have to pay a contribution depending upon your income and other financial factors.

You can check if you are eligible using the online financial eligibility calculator on the Legal Aid Agency website here.

Can I get legal aid at the crown court?

If you are under 18 or if you receive any of the following benefits you are automatically eligible for legal aid and won’t have to make any contribution;

• Income support
• Income-based job seekers allowance
• guarantee state pension credit
• Income-based employment support allowance, or
• Universal credit

Do I have to pay towards legal aid?

If your income is above a certain level you may have to pay towards the cost of your defence by way of a Contribution Order while your case is ongoing. Contribution Orders are based on your income and mean that a proportion of your income is paid towards your legal costs for a period of 6 months. If you are found not guilty at the crown court you will be entitled to claim back any contributions you have paid. If you are convicted and any contributions do not cover the total costs of your defence, the Legal Aid Agency may seek to obtain further costs from you if your capital is in excess of £30,000 .

When making your application for legal aid you will be asked to provide evidence of your income and assets. If you do not, your payments could be increased, which would result in you paying more towards your defence costs. If you don’t think you can afford to pay, or you think that a mistake has been made, you can ask for a review of the amount the Legal Aid Agency has told you to pay.

You can check if you will have to make a contribution to your defence costs using the online financial eligibility calculator on the Legal Aid Agency website here.

If you are found guilty, you may have to pay towards your defence costs from any capital assets you may have. This would only apply if:

• You have £30,000 or more of assets, for example: savings, equity in property, shares or Premium Bonds; and
• Any payments you have already made have not covered your total defence costs.

You will be told at the end of your case if you have to make a payment from capital.