A handout from the Legal Information training day held by SINTO on 8th April 2010.

1. Providing legal advice for the public
1. Introduction
This information was provided for a seminar held at Sheffield Hallam
University in April 2010 and is designed to show how people who need
legal advice can access this if their first approach is to a library.
2. What advice do people need ?
People will approach advice centres about a number of issues and will
need advice at differing levels.
There are two main types of advice : generalist and specialist. A generalist
provider will know the basics of a large number of areas of law, enough to
diagnose an issue and give information and simple one-off advice. A
generalist worker should know enough to pass the case to a specialist
worker if required. Specialist advice comes from a worker who is an expert
in one or two areas of law and can access specialist information and
caselaw. Specialist advisers will usually offer some type of representation.
Levels of advice needed :
• Information – basic knowledge such as how many days holiday an
employee is legally entitled to each year or where to complain about
their solicitor. Information needs to be accurate and appropriate. It is
also important that the information provided flags up where action
needs to be taken (for example deadline dates for court or tribunal
submissions).
• Self-Help Information – information to assist them to take action
themselves such as guidance on making a claim to an employment
tribunal or the small claims court. This needs to be accurate and
appropriate. Clients have different abilities to use self-help information.
• One-Off Advice – Need a quick discussion with an adviser either to
allow them to complete the case themselves or to decided that there is
no point in proceeding or even to fill in an application form. For
example they may wish to have guidance on what to put in a
complaint letter or to know if they can legally take an unfair dismissal
claim. Often one-off advice will result in no further action being taken
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Anne Hudson
Sheffield Law Centre
Enquiry Line : 0114 2731888
Website – www.slc.org.uk

2. either because no further action can be taken or there is no merit in
continuing.
• Casework – Where a caseworker (may be a solicitor or may not)
discusses the case and options with the client and then takes
instructions from the client about how to proceed. May write or
telephone on behalf of client and may negotiate on behalf of client
with landlord or employer. A casefile will be created to which the client
can have access. The case will continue whilst there is sufficient merit
in the case.
• Representation – Attending court or tribunal to put the case for a
client or engaging a barrister where appropriate.
Areas of advice
The amount and types of legal advice are legion but the main areas of law
on which advice is generally available are (list not exclusive) :
Charity law
Children law
Civil liberties and human rights
Civil litigation
Clinical negligence
Commercial law
Commercial property
Company law
Competition law
Computer and IT law
Consumer law
Conveyancing residential
Criminal law
Debt problems
Disability
Discrimination law
EU law
Employment law
Environmental law
Family law
Fraud
Immigration law
Intellectual property law
International law (non EU)
Landlord and tenant - residential
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Anne Hudson
Sheffield Law Centre
Enquiry Line : 0114 2731888
Website – www.slc.org.uk

3. Mental health and incapacity law
Personal injury
Planning law
Tax law
Trust law
Welfare Benefits
Wills and probate
3. What advice/information is available ?
Information is available from a variety of sources :
• Books – specialist law books, law books for the general reader and
self-help books. Need to ensure that these are up to date. Most
libraries will not hold the variety of books needed to cover all the
areas of law required but some are very good such as those which
help with wills and conveyancing.
• Helplines – many organisations offer helplines which can provide
free information and even one-off advice. Good examples include
ACAS or those provided by charities such as RNIB. The Legal
Services Commission provides a free legal advice line.
• Internet – there are a myriad of sites offering free legal advice
often with downloadable factsheets. Caution needs to be taken to
ensure that the site is from a reputable source, is up to date and is
dealing with UK law. Getting advice by e-mail is not usual.
Legal advice is obtainable from private practice solicitors who will
charge. It is wise to look for a solicitor who specialises in that area of law.
Many solicitors will give half an hour free advice or run an advice surgery
which is also free.
Some solicitors offer a “no win no fee” arrangement on cases, usually in
employment law. This means that the solicitor will often not take on a
case unless there is a good chance of succeeding and there is a
substantial money payment likely to be received.
Legal Aid. There are two (main) types of legal aid. Legal Help is advice
and representation delivered in a specialist area of law for cases which
would be heard in lower courts or tribunals. Legal Help is also usually
available at magistrate courts for criminal matters and county courts for
those in danger of eviction. Firms of solicitors and not-for-profit advice
agencies have contracts with the Legal Services Commission to deliver this
advice which is free to the client and also covers incidental disbursements
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Anne Hudson
Sheffield Law Centre
Enquiry Line : 0114 2731888
Website – www.slc.org.uk

4. such as interpreters bills, barristers fees and medical reports. Other legal
aid covers cases taken to county court and above and may involve a
financial contribution from the client. All types of legal aid are means
tested and it is usually clients on income based benefits or similar levels of
income who are eligible. Legal aid is not available in all areas of law (for
example it is not available for libel cases).
Free legal advice in the not-for-profit sector. Legal advice given by
charities and advice agencies is usually free although clients may have to
pay for some court fees. What service is available will usually depend on
the funding received by the agency, for example they may only be funded
to work for clients in a particular geographical area or area of law and
they may not have funds for interpreters or other costs. Many agencies
also have contracts to deliver legal aid. Not-for-profit advice agencies
usually do not give advice to employers, landlords, the providers of goods
and services or people in a trade union who need employment advice.
The main providers are :
• Citizens Advice Bureaux – Independent charities affiliated to a
national body. These offer generalist advice and some bureaux
offer specialist advice and representation in some areas of law,
usually welfare benefits, debt and housing. They usually offer a
drop-in service and follow up appointments. Much of the service is
delivered by volunteers.
• Law Centres – There are over 50 law centres in Britain with most
situated in major cities. Law Centres are independent charities
which are affiliated to a national body. They deliver specialist law
and they all employ solicitors which allow them to take cases to
higher courts. All of them have Legal Aid funding but in differing
areas of law.
• Other advice agencies – There are a large number of independent
advice agencies, usually affiliated to Advice UK. Some work like
CABx but are more independent and others are organisations such
as Age Concern which might serve one geographic or demographic
community. Some are provided by local authorities.
The situation with not-for-profit advice agencies and the availability of free
advice will vary considerably from area to area. In many areas there are
developing umbrella bodies which can assist in finding providers and
which may also be developing electronic referral systems to allow agencies
to make appointments for clients at other, more appropriate, local
agencies.
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Anne Hudson
Sheffield Law Centre
Enquiry Line : 0114 2731888
Website – www.slc.org.uk

5. Most not-for-profit advice agencies do not have websites and most do not
advertise locally. This is usually because they cannot meet the level of
demand locally for their services and do not wish to raise expectations
that help and assistance is available. This can make it difficult to find the
appropriate local agency without some research.
4. Caution – why you should NOT give advice ?
• You may think you know it but the situation/law may have
changed. This happens all the time with legal advice and
caseworkers are encouraged to look everything up with the latest
resources. This is also an issue with information gleaned from
books and Internet.
• Your lack of specialist knowledge may result in you raising the
hopes and expectations of possibly vulnerable people inaccurately.
• You are NOT insured. Advice agencies and solicitors pay
considerable sums of money for professional indemnity insurance
each year in case they give incorrect information or miss an
important deadline which results in a client being unable to take a
case. It is important, even if you only assist a person in getting
information, to be clear that you are not giving advice and only
assisting them.
• It is unlawful to give immigration advice without being registered
with the OISC. You must be sure that you do not give any
immigration advice and that you signpost people to a specialist
provider.
5. Useful links – some starter sites
To find a solicitor www.communitylegaladvice.org.uk or
www.lawsociety.org.uk
To find a not-for-profit advice agency www.adviceuk.org.uk or
www.lawcentres.org.uk or www.citizensadvice.org.uk.
Good websites with up to date legal information (you may wish to add to
this or develop your own local list) :
• www.adviceguide.org.uk - maintained by Citizens Advice
• www.employmenttribunals.gov.uk - assists with making and
employment tribunal claim
• www.homeoffice.gov.uk - immigration forms and information
• www.acas.org.uk - information on employment rights
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Anne Hudson
Sheffield Law Centre
Enquiry Line : 0114 2731888
Website – www.slc.org.uk