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LAA Dictionary

A

B

C

D

E

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

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A

Appeal: Procedure by which a case is brought from a lower to higher court (or commitee) for revised ruling or rehearing.

Appeal (Legal Aid Alberta): The process of getting your application reviewed if legal aid coverage is refused.  LAA coverage refusals are reviewed by LAA Committees.

Appeals Committees (Northern or Southern):  A LAA committee that reviews client coverage decisions from Regional Committees and who make decisions on special categories of cases.  This committee is the final level of appeal for refusals of legal aid coverage.

Application (Legal Aid Alberta): It is the process that you go through with a Legal Aid Officer/Interviewer to get funding for your case and is also the form you fill out with the assistance of the Legal Aid Officer/Interviewer which contains all your financial information and the description of your legal problem.

Assets: The property that you own (Example: house, vehicle), how much money you have in the bank, etc.  LAA will ask you about your assets to help us determine your financial eligibility.  If you have assets that can easily be sold that you could use to hire a lawyer on your own, legal aid coverage may be refused.

 

B

Bail Assignment: Is a document that LAA will ask you to sign if you have been released on bail.  LAA sends a copy of this document to the court to let them know that the money you pay to get out of jail (bail) will be sent to LAA to put towards your legal aid bill.

Bar: Entire body of lawyers and counselors-at-law.

Board: The use of the word “Board” refers to the Board of Directors of Legal Aid Alberta.

Brydges Service: The provision of legal advice by telephone to persons who have been detained by police. Legal Aid Alberta operates a 24-hour, 7 days a week toll-free line for access to immediate legal advice for all detained persons in Alberta, regardless of their financial standing. The number for the toll-free Brydges line is posted in detention centres across the province. (Brydges service provided on behalf of the Minister of Justice and Attorney General, according to R. v. Brydges)

 

C

Certificate: A certificate is a document that is issued by Legal Aid to a lawyer, authorizing him/her to act on the behalf of a client.

Civil action: Lawsuit between private parties, usually to recover money, property, or remedies, or to enforce rights.

Code of Ethics: Rules of the Profession of Law that lawyers are required to follow.

Counsel: Counsel is another term used for a lawyer or a group of lawyers who conduct cases in court or give legal advice.

Criminal law: The statutes and common law of crimes and their punishment.

Coverage: Identifies the type of legal problem and the amount of funding that LAA will provide to a lawyer to help you with your case.

 

D

Dependant: The spouse of an applicant, and/or a child of the applicant who is under the age of 18 at the time of the application, and/or a child of the applicant who is over the age of 18 at the time of the application and is unable, by reason of mental or physical disability, to earn a livelihood, and/or any other child who, in the opinion of an office or designate, is financially dependant upon the applicant.

Duty counsel: Duty counsel are lawyers that are hired by Legal Aid who help people understand the court process and who give free legal advice to people representing themselves at their first court appearance. Duty counsel is found at the courthouse and most often speak to clients before their court appearance. They do not become involved in trials.

 

F

Family: The applicant and his/her dependants (or in the case of youths, his/her parents or guardians). Dependants may include an applicant’s spouse, common law spouse, a child of the applicant if the child is under 18, any other child who is financially dependant on the applicant.

Fee: Lawyer’s charge for his/her service.

Financial Eligibility Guidlines: The set of rules that are used to compare your (net) income after deductions (by subtracting things like income taxes, child care expenses, etc.) to family size.  If your net income compared to your family size is too high, legal aid coverage may be refused.  The Financial Eligibility Guidelines also contain rules about assets. 

 

G

Gross Family Income: All monies received by a family before any deductions whatsoever. This measure is used in determining financially eligibility for legal aid coverage.

Guardian: One legally empowered to manage the affairs of a minor or incompetent person.

 

J

Joint Committee: Prior to the Legal Aid Society (Legal Aid Alberta) administering legal aid, the Alberta Law Society and the Attorney General of Alberta administered legal aid through a committee composed of both parties. The committee was known as the Joint Committee.

Judicare: Judicare is the service delivery model that describes a legal aid system that includes the provision of legal services by members of the private bar. Alberta is a mixed model that includes both Legal Aid staff lawyers as well as lawyers from the private bar.

 

L

Lawyer: (also called "counsel", "barrister", or "solicitor") A professional who has the knowledge, training, qualifications, and the license to represent clients in court.  The word "attorney" is also sometimes used, but this term is more commonly used in the United States.

Legal aid applicant: An individual who has applied to Legal Aid Alberta for legal aid. (eligible or not eligible)

Legal aid client: A Legal aid client is a person whose application for legal services has been approved by Legal Aid Alberta.

Legal Aid Officer (LAO): Front line worker for Legal Aid Alberta. LAO’s are responsible for determining eligibility for legal aid. LAO’s are not lawyers and cannot provide legal advice.

Legal Aid Alberta Tariff: A document that describes the fees, rates, and guidelines a lawyer must follow when billing for legal aid work.

 

P

Program Offices: Part of Legal Aid, but separate form regional Legal Aid offices, program offices specialize in one area and/or service. Two of Legal Aid’s largest program offices are the Family Law Office and the Youth Criminal Defence Office. Each of these offices have locations in both Edmonton and Calgary.

Provincial Office: The Provincial Office is the corporate office for Legal Aid Alberta. It is located in Edmonton.

 

R

Recoveries Department/Office: The department at LAA which is responsible for working with you to arrange payment of your legal aid bill.

Regional Committee: A LAA committee that reviews refusals of client coverage decisions made by LAA staff.  The Regional Committee also makes coverage decisions on special categories of cases.  This is the clients' first level of appeal if coverage is refused.

Regional Offices: There are eleven regional offices in Alberta. Each office provides legal aid services to the applicants in the community and surrounding areas. Staff from regional offices meet and interview applicants/clients at the Legal Aid office and other locations such as jails, remand facilities, youth facilities, hospitals, and courthouses. Regional office staff determine eligibility and appoint lawyers for eligible clients.

Resident Albertan: An individual who makes his/her home and is ordinarily present in Alberta.

Roster: Private bar lawyers who wish to take on legal cases belong to the Legal Aid roster.

Roster lawyers: Roster lawyers are lawyers who take on legal aid cases. Roster lawyers come from the private bar, which means they have their own practice and/or work for a private law firm. The majority of legal aid cases in Alberta are handled by roster lawyers. Currently, there are approximately 1500 lawyers on Legal Aid Alberta’s roster.

 

S

Substantive Eligibility: This is eligibility criteria that does not depend on finances, it includes criteria such as the type of legal problem and the merit of the case.

Security Agreement:  A document that LAA will ask you to sign if you own valuable property such as a vehicle.  LAA will register this document and if at some time the property is sold, a portion of the money from the sale of the property will come to LAA to be put towards your legal aid bill.  Legal Aid Alberta will never force you to sell the property to pay your legal bill.

 

T

Tariff of Fees (Tariff): The Legal Aid Tariff of Fees dictates how lawyers accounts should be paid/how much they may bill their clients.

Taxation Officer: An employee of Legal Aid Alberta that is responsible for the taxing of accounts submitted by lawyers.