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Forum Home  →  Discussion  →  Access to justice and advice sector issues  →  Thread

Charging for advice (revisited)

shawn mach
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Hi ..

Just came across a couple of documents that reminded me of the misc previous discussions we’ve had on the subject of charging for advice, including -

- Claimants could be charged for appealing benefit decisions (Feb 2014)
- Not for profit advice services and charging for services: New Legal Services Board guidance (Jan 2013)
- Law centre submits first Alternative Business Structure application (Nov 2012)
- Accessing social justice in disadvantaged communities: Dilemmas for Law Centres in the context of public service modernization (May 2012)
- Charging clients for advice provision (July 2011)

The newer documents are -

- Charging for advice: a bulletin forming part of a series intended to serve as action papers for the Baring Foundation’s Future Advice programme -

‘The concept of Law Centres and advice agencies charging for advice is controversial. The purpose of these providers has in most cases been to provide high quality independent advice to people in need without charge.

However, charging some clients a fee for services might:

i. Enable people to obtain advice at a reasonable cost which they might not otherwise receive
ii. Enable providers of advice to retain valuable specialist advice skills which might otherwise be lost

It is of significant interest to agencies and others to ascertain whether there is a clear demand for the not-for-profit sector to provide privately funded advice services and whether there is a particular model which might be suitable for replicating elsewhere.

In common with other projects being funded, this topic feeds into the discussion about long term sustainability. No political party has pledged to bring back social welfare law into the scope of legal aid funding and it appears unlikely that this will happen in the foreseeable future, if ever ...’

- One Service Strategy: a Citizens Advice consultation on a whole range of issues, but that includes reference to -

‘While we will always try to make our specialist advice services free for users, where this is not possible due to local or other funding constraints, we may charge for some services beyond generalist advice’

- and -

‘While it will always be right for our service to receive a strong component of public funding, we will grow our complementary revenue sources. This will be achieved [including] through ..... Where possible, responsibly realising the commercial value of our strongest assets, particularly around advice content, anonymised data about problems and issues, and referrals to services (where this is genuinely in clients’ best interest).’

 

 

MNM
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Solicitor, French & Co Solicitors, Nottingham

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Thanks Shawn, I’ve read the links and find the topic very interesting. 

I work for a firm that lost its WB contract last year and now we (the firm) do charge for advice, assistance and representation in WB matters (for those that can afford it) does that make -me- immoral, unethical?

Before the backlash - the types of cases we generally do are large benefit overpayments, trust cases, inheritance cases, disability fraud cases, ESA support component appeals/supercessions and we ALWAYS direct potential clients to the free advice sector at first instance - sadly many have ended up my way because no-one is there to help them, the wait is too long, or service recieved is poor, the advice is wrong or they have the money and are willing to pay. 

I’d love to know others thoughts

 

 

Gareth Morgan
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CEO, Ferret, Cardiff

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As I’ve said before, the best advice is good and free.  Good and paid for is fine if the client thinks so.  No advice at all can be bad.  Free and bad advice can be disastrous.

An issue we haven’t discussed, AFAIR, is how do clients know that the advice they received is bad?  How many act on it and still don’t know it’s bad (in particular when that means not acting)?  How do clients get advice checked (what do you do if someone asks for a second opinion - do they ever ask)?

MNM
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Solicitor, French & Co Solicitors, Nottingham

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“As I’ve said before, the best advice is good and free” 

Is that meant to read; advice that is good and free is best?

If so, I’d agree, good quality advice is best and if its free its even better. 

Claire Hodgson
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PI Team, BHP Law, Durham

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the issue then becomes, of course, how do the people providing good advice at no charge keep the wolf from their own doors/pay their own heat/light/admin/etc? someone has to provide the money and this Government certainly isn’t!