Funding In Family Law Cases

A solicitor can not enter a conditional fee agreement with a client in relation to family proceedings. However public funding maybe available where the clients of modest means. Section 8 of The Access to Justice Act 1999 establishes the funding code for funding individual cases.

Effect of public funding: to serve immediate notice upon the court and other parties the original public funding certificate. As a result the solicitor owes duties to the Legal Service Commission and must report any acts of unreasonableness by the client. Duty to LSC overrides the solicitor’s usual duty of confidentiality.

Statutory Charge: Where services have been funded by the commission this should be considered as a loan to the funded person. They will have to repay it through contributions from capital or disposable income. Applies where property is recovered or preserved.
It does NOT apply in the following cases:

• Where you do not gain/reap money or property in dispute.
• Where you recover all your costs from the other side.
• To maintenance payments.
• To the first 2,500 or 3,000 of any money/property you gain.
• Where you’re being advised by a solicitor while attending family mediation (req ‘Help with Mediation’ certificate).
• Advice given under “Legal Help”.

Sears Tooth Agreement- An agreement to assign any awards for financial relief to the firm in order to pay their fees.

Maintenance Pending suit: a court awarding a sum of maintenance pending suit at such a level as to include money for legal fee’s. However this is usually a last resort.

Lump Sum Orders can be made as an additional instalment to provide the other party with funds from which they can pay legal fees in anticipation of future litigation.

Bank loans: borrowing money in order to meet legal fees. However there will be conditions attached to such a loan and will vary from one bank to another (i.e. where the client can offer security or a favourable opinion from counsel on the outcome of litigation).

Useful Forms:
CLS APP3-Application for CLS funding Certificate: General Family Help.
CLS APP5-Application for CLS Funding Certificate: Special Children Act Proceedings.
CLS APP7-Applicationm for General Family Help and Legal Representations in Family Proceedings.
Controlled work 1 form: Application for CLS Funding Certificate for legal help and help at court.