Schedule – Legal Aid or Advice & Assistance

SCHEDULE RELATING TO LEGAL ADVICE & ASSISTANCE OR CIVIL LEGAL AID:-

 

1  If you qualify for Legal Advice & Assistance you may have a contribution to pay.  If you are not sure what that is please ask the person dealing with your file.

2   When you apply for Civil Legal Aid the Scottish Legal Aid Board will assess your means and confirm what contribution, if any, you will have to make towards your legal costs.  The assessment is dependent on the income and outgoings of you and your partner.  Any capital that you have will also be taken into account.  Any change in your circumstances MUST be intimated to the Scottish Legal Aid Board.  You may get some of your contribution back if the case costs less than expected.

3   If you qualify for Legal Advice & Assistance or Civil Legal Aid the bill to your solicitor will be paid:-

• first, from any contribution you make
• second, from any costs your opponent pays
• third, if (i) and (ii) are not enough, from any property you win or keep – please ask your solicitor to explain in detail
• fourth, if (i), (ii) and (iii) are not enough by Scottish Legal Aid Board.

4   If your solicitor requires to do urgent work on your behalf before a decision has been made on your Legal Aid application you may have to pay a contribution for this work, even if you decide not to go ahead or your Legal Aid application is unsuccessful.

5   Your solicitor has asked you to sign a declaration about your income and savings and you require to provide your solicitor with vouching of your income and savings. The Scottish Legal Aid Board rely on the truthfulness of your declaration and the vouching you produce.  You should be aware that it is an offence to make a false declaration and doing so may result in you being liable to make payment of your solicitor’s costs.