A little love for Legal Aid
Most of my pre- and post-qualification years have been working with Legal Aid, and I would not have it any other way. Although you may think me sad, if I had to pick a Mastermind specialist subject, Civil Legal Aid would be my ultimate choice – in fact, the only choice for someone who picks the Civil Legal Aid Contract as their night-time reading. I see Legal Aid as an everchanging puzzle, not unbeatable but complex – you have to make all of the scope and proceeding pieces fit together to make the perfect certificate – like Tetras for Lawyers. The thrill that I get when someone asks me a Legal Aid question, going through the process of whether the test is means and merits, substantive or delegated, does it need LASPO Gateway evidence – Ahh, the excitement is all too much! Legal Aid is not as black and white as eligible or not. It requires care and attention greater than many think, yet there is a simplicity to it that I love. My challenge: to share that with you in less than 750 words!
Legal Aid has given me the opportunity to work on a variety of cases which would not be possible in any other context. These have included the instruction of Official Solicitors, hearings at the Court of Appeal, fact finds of over 20 days, and cases of incest, abduction and parental alienation. Applications have included injunctions and children proceedings, Protection from Harassment and s91(14) Barring Orders. Exceptional Funding applications show a sneaky side option to cover those circumstances that you just could not make up – showing Legal Aid to be so much broader than first thought. If the certificate isn’t perfect on issue, amendments can be made, balancing the proceedings with their cost limitations to ensure complete coverage. Each and every case gives me experience and knowledge to take to the next. In family law you may think you have seen it all; but you haven’t. Legal Aid gives that to me every single day.
I see clients having been turned away from other firms because their Legal Aid eligibility is not obvious, perhaps because they are self-employed or they own multiple properties. I see this as a challenge and one that I am always willing to accept. Writing a convincing statement of case for an application gets my lawyer juices flowing. For example, persuading the Legal Aid Agency to disregard capital for a client with numerous properties in Ukraine with a trapped capital application. Prima facie this would make them ineligible as their equity would render them over the capital limit. However, in the context of the Ukraine War, it was nigh-on impossible for the equity to be released and therefore arguably should be disregarded. The interpretation of the civil contract, using its clauses to support my client’s eligibility, takes me back to essay writing at university – taking your authority and making it fit your case.
Of course, the best part of being a Legal Aid lawyer is the relief that you see when clients feel that they finally have someone in their corner. Victims of domestic abuse often feel let down by other authorities and find comfort in having a solicitor on their side to take on the burden of the administration, to give advice, and someone to listen. Despite everything that we see in family law, this makes it all worthwhile, and on even the lowest of days, keeps me logging back on. Covering court fees, conferences and representation, Legal Aid takes away so many burdens that are already on top of contentious litigation. Being funded to provide that is the reason that I decided to become a solicitor, being able to help those who need it most, in the most personal and serious of circumstances.
So, I hope that I have convinced you that Legal Aid is exciting, evolving and evolutionary, but most importantly it is life-changing. It has changed my life. I count the days until the revival of CCMS (or its successor) like Christmas. I await the next qualifying conundrum or eligibility enquiry, keeping me on my toes. I accept that my passion is niche, but I love Legal Aid.