Legal Aid
People often worry about consulting a Solicitor because they believe that they will not be able to afford his fees. Many people do not realise they may be eligible for Legal Aid, which might mean they would not have to pay their Solicitor anything or only a proportion of the costs involved.

There are two types of legal aid in Scotland. First there is Advice & Assistance which is available for both civil and criminal matters. Secondly, individuals can apply for Legal Aid to allow them to raise or defend a Civil Court Action or to provide representation for a criminal trial.

When a person first seeks the services of a Solicitor, the Solicitor will normally assess that person's eligibility for Legal Aid under the Advice & Assistance scheme. There are complicated rules relating to both income and capital and allowances are given if you have a partner, child or dependent relatives living with you. You will need to disclose to your solicitor your earnings and any savings.

Legal Aid provided under the Advice & Assistance scheme does not normally pay for a Solicitor to represent you at Court, although in some cases, mainly criminal, it may do. Ordinarily, to obtain legal aid funding for representation at Court a person must complete a further legal aid application. The paperwork required for this is much more complicated than that for Advice & Assistance purposes.

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