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NewsFree Legal Services Unit News - date posted 30/10/06 The Faculty of Advocates has a centuries-old tradition of representing people who deserve to have their case heard but can't afford to go to court. In Scotland, government funding in civil cases was not introduced until 1950 and in criminal cases, legal aid was not available until 1964. Long before then, advocates accepted a professional duty to help people who could not afford to or did not have the ability to defend themselves, even when charged with the most serious crimes. As it was explained in 1424 advocates appeared for "onie puir creature, for faulte of cunning or expenses, that cannot, nor may not follow his cause." In 1535 two advocates for the poor were appointed and in 1784 the Faculty began to appoint six members of the Bar to act for the poor in civil cases. The provision of free legal services is vitally important as more and more people fall outside the scope of State-funded legal aid, particularly in civil cases. Since 1989 the Faculty has worked with Citizens Advice Scotland to provide advice and assistance where the legal complexity of the case makes it difficult for non-lawyers to help. There are two schemes, each requiring a referral from a recognised agency. Agencies
involved in the scheme include Citizens Advice Scotland, Community Help and Advice
Initiative, Granton Information Centre, Money Advice Team, the Advice Shop, Shelter
Housing Law Service, Welfare Rights Team, Strathclyde University Law Clinic and the Scottish
Child Law Centre. Under the Free Representation Unit (FRU), devils (trainee advocates) provide written advice on legal issues and representation before Employment and Social Security Tribunals. The Free Legal Services Unit (FLSU) is a logical extension of that work, allowing the Faculty to offer free advice and representation before courts and tribunals by experienced practising members of the Bar. The FLSU also plays an important role in providing advocacy training to agency volunteers. Cases taken by the unit are assessed on the basis of three criteria: (a) is legal aid or other funding available? (b) is the case important enough to justify the involvement of counsel? (c) are there reasonable prospects of success? Cases might involve hearings before the Immigration Adjudicator and Immigration Appeal Tribunal, the Employment Tribunal, Social Security Commissioners, Criminal Injuries Compensation Appeal Panels, mental health cases and defended eviction hearings. Advocates who have volunteered to join the Faculty's Free Legal Services Panel can provide verbal or written advice, help with mediation, or appear in any court or tribunal in Scotland after a case has been referred by an advice agency. Currently, 63 advocates have signed up to advise or appear in cases free of charge and 40 panel review members review cases as they come in. FLSU's job is to co-ordinate the pro bono legal work between the advocate and the advice agency. FLSU Chairman Stephen Woolman QC said: "Members of Faculty take their obligations of public service seriously. People are often presented with the image of 'fat cat lawyers.' I hope that the FLSU demonstrates that advocates are more than willing to put something back into the community." Maureen Docherty, Service Manager for CHA1 Advice Services, said: "We have used the FLSU for advice for ourselves, representation for clients and training for staff. It has proved very helpful for us and for our clients.
"In one particularly complex case representation was provided at a Social Security Appeal Tribunal and the case was won for our client by the advocate. "The Secretary of State appealed against the decision and the advocate helped us find a solicitor to prepare the client's case for the Social Security Commissioner's Hearing. That hearing was funded through legal advice and assistance, enabling the same advocate to appear for the client again. "The client would not have pursued her claim to this level without the assistance provided by FLSU, and the support from CHAI to cope with the stress of the process." |
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