(c)at the end of the proceedings for which legal aid has been granted (or, where appropriate, after the end of the advice and assistance provided by the lawyer to the person), the Chamber finds that the interim payment exceeds the amount payable by the Fund to the solicitor under paragraph 1 in relation to the solicitor`s provision of legal aid (or advice and assistance). If you receive money or property as a result of legal advice or assistance, or if money or property is saved through the lawyer`s intervention, you must first pay the lawyer`s fees. In some cases, the lawyer`s fees cannot be deducted from the arbitral award, for example if it is alimony or government benefits. You should check with the lawyer if any money or property costs can be covered before deciding whether or not to pursue the case. You can find out which lawyers in your area offer legal aid via a Solicitor Finder tool on the Scottish Legal Aid Board website. Please choose a suitability assessor from one of the following three types of legal aid that best describes the help you need: If the legal problem you have is not listed in the list of case categories, a lawyer can offer you a diagnostic interview or other legal work up to a maximum of £35. If, during this initial work, the lawyer identifies an important issue that is on the list of case categories, you can seek full advice and assistance if you are financially eligible. You can check what is included in the list of case categories appended to this document. You can contact our suitability assessors to find out if you are likely to be financially eligible for legal aid. It is important to wait until civil legal aid has been granted before asking the lawyer to act. The scholarship cannot be backdated and therefore does not cover the costs of work done prior to its grant. In urgent cases, a lawyer may apply for urgent legal aid, which can be used to cover the delay in issuing the legal aid certificate. 3(J) Regulations may be made in accordance with paragraph 3C to refer to mutual assistance in criminal matters commenced and continuing before the date of entry into force of Article 7 of the 2001 Compliance Convention (Scotland) (ASP 7) and the provisions relating thereto may exclude any condition: that would otherwise apply under paragraph (3C)(b) above.
Legal aid is a fundamental part of the Scottish legal system and society. It makes access to legal representation and legal advice more affordable for those who need it. If you want to apply for legal aid, you must fill out a form that shows the charge, your finances and the lawyer who will represent you. A legal aid lawyer will help you apply and you can find details about legal advice firms in your area in our lawyer finder. You must be able to prove your income and the money you have in bank or savings accounts. Ideally, you bring these documents with you to your first appointment. There are seven Public Defence Solicitors` Offices (PDSOs) in Scotland: Ayr, Dundee, Edinburgh, Falkirk, Glasgow, Inverness and Kirkwall. Their lawyers can advise and represent clients eligible for criminal legal aid in all types of criminal matters at any level of jurisdiction across the country. Depending on the nature of the case, a person may receive legal aid from other sources. Some of them are listed below.
If your situation changes during the period in which you have received legal aid, for example because you get a job or inherit money, you should contact the Legal Aid Committee immediately, as you may be asked to contribute more to the case. (c)keep an appropriate register of all professional services provided in the provision of such criminal legal aid and of the expenses incurred in providing such criminal assistance before or after the exercise of that decision-making power. The Legal Aid Business Support and Recovery Fund recognises the crucial role legal firms play in the justice sector as Scotland recovers from COVID-19. It also ensures the availability of legal services for those most affected by the pandemic. If you do not qualify for legal aid, you may be able to enter into a speculative fee agreement (no profit, no fees) with a lawyer. If you are legally supported, you cannot use this type of agreement. Speculative fee agreements are allowed in any type of case, but are most often used in cases of bodily injury. If you receive income support, income-related jobseeker`s allowance or universal credit, you are automatically entitled to civil legal aid for reasons of income and savings. The Code protects persons in need of legal aid in criminal matters by ensuring that lawyers comply with all legal, ethical and professional obligations. You should apply through a lawyer who provides legal aid. You will need to fill out an application form that includes details about your income and savings. The lawyer will then send the form to the Scottish Legal Aid Board.
If legal aid is granted, the Scottish Legal Aid Board will tell you what the contribution will be. Contributions are generally made in instalments over a period of 10, 15 or 20 months, depending on the amount of contribution to be made. As a rule, if the contribution is to be paid from savings, everything is paid immediately. If you receive legal aid, the lawyer will not ask you to pay private fees. However, legal aid may not fully cover your costs. For some types of civil cases, you may have to pay a contribution. These are usually very small for legal aid boards, but may be more important for the work of legal aid courts. If you recover or obtain money or assets as a result of a successful court proceeding, the Scottish Legal Aid Board will recover the cost of legal aid from them – a process known as `recovery`. Contact the Scottish Legal Aid Board for more details and if you are likely to pay a contribution. If you are struggling to find a lawyer and you live in Aberdeen or Aberdeenshire, Argyll & Bute, Edinburgh and the Lothians or the Highlands and Islands, the Civil Legal Aid Office may be able to help. It may be helpful to find a lawyer or, in some cases, one of their own lawyers can take on your case. More information is available on the Civil Legal Assistance website.
[F1(2A)The Committee also has the general task of monitoring the availability and accessibility of legal services in Scotland (including by reference to all relevant factors relating in particular to rural or urban areas).] F322 p. 41: Definition of `authorised legal service provider` and `solicitor investor` inserted (2.7.2012) by The Legal Services (Scotland) Act 2010 (Ancillary Provision) Regulations 2012 (S.S.I. 2012/212), regs. 1, 3(3)(b) Lawyers and law firms wishing to provide mutual legal assistance in criminal matters must be registered with SLAB and comply with the Code of Conduct for Mutual Legal Assistance in Criminal Matters. If you win your lawsuit and receive money or property as a result, you may need to use some or all of the money to pay your legal fees to the Legal Aid Board. (9) Where an application under section 11 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 (S.I. 1989/1490) relating to the provision of legal aid in civil matters is treated, for the purposes of the Regulation, as if it were related to the proceedings for which legal aid is granted: necessarily and appropriately has occurred.] Legal aid does not include representation in most courts or for simple proceedings in the sheriff`s court up to a value of £3,000. However, you may be entitled to assistance with legal fees related to the preparation of a case under the advice and support programme (see under Advice and Support). [F20(ac)all sums collected from a person who receives or has received advice and assistance, assistance in contentious civil matters or legal aid in criminal matters under section 24, but who has rights and facilities which do not require him to avail himself of the provisions of this Act.] The counselling and support program provides low-income individuals with free legal advice and support from a lawyer.