If you unable to get legal aid there are other options you can consider:
- Exceptional Case Funding – this can be considered if a refusal of funding is seen to breach your Human Rights. You can make this application yourself but it requires a lot of form-filling and you must show that you have a strong case and/or are very disadvantaged (eg if you can’t read). It’s better if you can find a lawyer who will make the application for you.
- Law Centres – there may be a local law Centre that offers free legal advice.
- Pro Bono – some pro bono organisations such as Advocate can offer free representation, if they feel your case has “merit” – so when you apply remember to put forward the strongest case you can. They need at least three weeks to look at your application before going to court, and they don’t guarantee to find someone.
- University Law Clinics – some universities offer free legal advice and even write letters on your behalf. These are trainee lawyers who are supervised by their lecturers.
- McKenzie Friends – these can provide support and assistance to litigants in person, and even attend court with you. They will usually charge, and some can charge as much as lawyers so make sure that you have a working agreement on costs before you start. If you are representing yourself in court you are called a ‘litigant in person’. A McKenzie friend cannot usually speak for you in court, but they can apply to the courts for a ‘Right of Audience’ under section 27(2)(c) of the Courts and Legal Services Act 1990. This means that they can make their own application to court and be heard by the Judge who will question not only their knowledge of the law but will also ask for the reasons why your McKenzie friend is asking to speak for you. Reasons for this could include difficulties in reading, not speaking English very well, or that you don’t feel able to cope with speaking for yourself.
- Direct access barristers – there are some barristers who you can approach directly and ask them to represent you in court – usually for a fee. Fees can be high so make sure they give you a breakdown of how much they will charge before you start working with them. If you instruct a solicitor on a paying basis, please remember that every phone call and email will be charged as well as time spend doing these tasks.
sns-self-help-guide.net 