If your case is likely to go to court, you will usually need to apply for civil legal aid. This funding can help pay for all the legal preparation work as well as your lawyer who will represent you in court. The Scottish Government has more information on civil legal aid. For more information about helping with legal fees, including PDSO, you should contact an experienced advisor from your local citizen advisory office. It is possible to transfer lawyers if you are receiving legal aid. However, the Scottish Legal Aid Board will consider whether it is appropriate in the circumstances to authorise this transfer. The Scottish Legal Aid Board will assess your situation and, if it is reasonable to switch to another legal aid lawyer, will approve it. An example would be if you move to another part of the country. The amount of disposable income you have determines whether or not you qualify for legal aid. It is possible that, although you are entitled to civil legal aid, you will have to pay a contribution. If you are over retirement age (60 for women and men), there is an additional allowance. 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. 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 lose the case, you may be ordered to pay the other party`s court costs if the court deems it appropriate. Legal aid would not cover this. Legal aid is available to children or adults who need advice or representation in the context of a hearing of children or court orders relating to the hearing of children. This type of legal aid differs from legal aid in civil matters and has its own rules. For more information on legal aid in relation to hearings involving children, visit the Scottish Legal Aid Board website. Examples of legal aid cases include: There are seven Public Defence Lawyers (PDSOs) offices 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. This can help cover the cost of legal advice from a lawyer, such as information about your rights and options, or help with negotiations and paperwork. 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. 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. Some university law schools offer free legal aid clinics to people living in the local community. Advice is provided by law students, supervised by qualified lawyers. You can find out which lawyers in your area offer legal aid via a Solicitor Finder tool on the Scottish Legal Aid Board website. You can only search for non-criminal („civil”) cases. If you have been charged with a crime, ask your lawyer if you can get legal help in criminal matters. Depending on the nature of the case, a person may receive legal aid from other sources.
Some of them are listed below. Trade unions can offer free legal representation in legal proceedings relating to industrial accidents or employment problems. Free trade union representation may be better than legal aid, as representation is usually provided by a lawyer specializing in this type of work and the person does not have to make a financial contribution. Advice and support Legal aid can help you pay for the work your lawyer does to prevent your case from going to court, including: If the case can only be resolved through legal proceedings and the case cannot be covered by ABWOR, the lawyer may suggest that you receive legal aid in civil cases (see section on civil legal aid) or legal aid (see under the section Legal aid for criminal proceedings) apply. Civil legal aid does not include representation at children`s hearings. However, a parent or child may apply for a special form of legal aid to be represented in appeal proceedings at a children`s hearing. A lawyer should advise you on how to apply. Legal aid is granted to persons accused of criminal offences to cover the costs of representation in court by lawyers or lawyers and for bail applications. The granting of legal aid in criminal matters depends mainly on whether it is „in the interests of justice” that the accused be legally represented. Qualified lawyers are not the only professionals who offer legal advice as part of their practice, although only lawyers are allowed to initiate legal proceedings and represent you in court.
Accountants, for example, advise on tax and corporate law, and banks can draw up wills or act as executors of the estate (although they may charge more for these services than lawyers). Some lawyers give up to half an hour of legal advice for free or at a fixed price. This can be helpful if you want to know if you have a case worth defending or suing. It is not dependent on income and is accessible to everyone if the lawyer offers the service. For more information on what you may have to pay, see a brochure entitled `Civil legal aid – information for applicants`, available on the Scottish Legal Aid Board website. If you lose the case, you usually only have to pay the other party`s legal fees and your own lawyer`s fees. These expenses may include expert fees, accident report fees, formal investigations, travel expenses. While you don`t have to pay the basic lawyer`s fee, the fees can be very high. 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. You may be eligible for legal aid if you can prove that you cannot afford legal aid. You can check if you qualify for legal aid using the Scottish Legal Aid Board`s funding tool. However, it`s always best to confirm your eligibility with your lawyer. The legal help you ask for depends on the help you need. Your lawyer will tell you what funds to apply for and help you with the application process. You will be asked general questions about your legal problem, income and savings.
You will find out where you can get legal advice. Information for Scottish lawyers providing legal aid, whether civil legal aid, criminal legal aid or legal aid for children. Legal aid in criminal matters also depends on the financial situation of the accused. It is considered whether the costs of the proceedings would constitute „unreasonable” harm to the accused (or dependants). There is a calculator on their website that can give you a rough estimate of your financial eligibility. If you receive a passport, such as an income-related jobseeker`s allowance, you must automatically take the financial test. For certain types of criminal cases, including counselling in a police station, legal aid is automatically available to beneficiaries. 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).
Professional organisations such as housing advice centres or financial advice centres may be able to provide specialist legal advice. Minor offences such as traffic offences are generally not eligible for legal aid. Find out about the opponent in a civil case, why we contact them and what their rights are to provide us with information about applying for legal aid. Read more 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. Some sheriff`s courts offer free legal advice on housing issues. This could solve your problem before a lawsuit begins. To find out if legal advice is available in your area, contact your local court or citizen advice office. The Scottish Legal Aid Board will assess your financial situation and the circumstances of your case before granting you legal aid. We cannot tell you if you are eligible for legal aid and you should visit the Scottish Legal Aid Board website or call them on 0845 122 8686.
Legal centres offer cheaper or free legal aid to people who may have difficulty getting legal advice. Many offer walk-in services and appointments where you can discuss your housing issue informally. The Scottish Legal Aid Board must agree that a person has a reasonable case before agreeing to grant legal aid in civil cases.