If you have powers under the Incapacitated Adults (Scotland) Act in relation to the property, financial affairs or personal welfare of a disabled person and the application for civil legal aid relates to a procedure under the Act, the disabled person`s income and assets will be assessed to determine eligibility. Your personal resources will not be taken into account. The first hurdle to overcome is whether it is “in the interests of justice” that you be legally represented. The more serious the charge, the more likely you are to meet this requirement. Find out what capital resources your client needs to apply for legal aid. Free legal advice is available to all those imprisoned in Scotland. If the case can only be resolved through legal proceedings and the case cannot be covered by ABWOR, the lawyer may suggest that you apply for legal aid in civil cases (see section on civil legal aid) or legal aid (see under Legal aid for criminal proceedings). 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. 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. 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. If you are entitled to legal aid, it is always free of charge. You don`t have to pay anything for the cost of the deal. We will help you apply for legal aid in Scotland. Legal aid for criminal cases also depends on your financial situation. If the cost of the case causes you or your dependants “unreasonable” hardship, you are more likely to benefit from Scottish legal aid. If you are receiving income assistance, income-related jobseeker`s allowance, employment and income-related support benefit, or Universal Credit, you are entitled to free legal advice and assistance, unless you have savings above the limit. To be eligible for legal aid, the applicant must meet the financial conditions relating to disposable income and capital set out in section 15 of the Act. “Disposable income” and “disposable income” are defined in Article 42. Financial eligibility limits are reviewed periodically, usually at annual intervals. Schedules 2 and 3 of the Regulations contain detailed rules for computing disposable income and disposable capital, respectively.
We assess an applicant`s disposable income and capital when deciding whether or not to grant legal aid. 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. 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). The counselling and support program provides low-income individuals with free legal advice and support from a lawyer. The Scottish Legal Aid Board must agree that a person has a reasonable case before agreeing to grant legal aid in civil cases. For example, he might not agree that it is reasonable to sue a business without money or assets.
You can check your eligibility by estimating civil legal aid on the Scottish Legal Aid Board website. Your legal aid lawyer can advise you of the possible costs of your case and the Scottish Legal Aid Board will advise you if you have to pay anything for this. In Scotland, free legal advice is available to all persons in detention. So if you are arrested or invited to attend a police interrogation, you have the right to bring in a lawyer and you do not have to pay for his participation in your hearing. You can hire a lawyer to get legal help, but it`s important to make sure you`re eligible. Other areas covered by the program include general advice on legal matters, writing letters, hearings, obtaining a lawyer`s opinion, and obtaining medical advice for an accident claim or compensation claim. 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. Here are some situations and cases in which a member of the public may be eligible for legal aid. Financial eligibility is only one of the prerequisites for legal aid. Even if you are financially eligible, your case must pass additional tests. Find out how to contact us to find out more about eligibility for civil legal aid. You can find out which lawyers in your area offer legal aid via a Solicitor Finder tool on the Scottish Legal Aid Board website. The type of legal help you apply for through a lawyer depends on the type of legal aid you need. You can talk to your lawyer about this. 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.
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 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. 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. You`ll only get advice on whether or not you can get legal help – you won`t get a final decision until you talk to a counsellor. If you are already receiving legal aid but your situation has changed, you should contact the Scottish Legal Aid Board or your lawyer for advice. Automotive organizations, such as AA or FCAC, may offer cheap or free legal advice if the person is a member. In some cases, costs are not deducted from your premium, for example, if the money is alimony or government benefits. It is important to discuss this with the lawyer before applying for legal aid. 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 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.
Criminal legal aid is only available after you have pleaded not guilty or, in more serious cases, when you first appear in court. 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 income support, income-related jobseeker`s allowance or universal credit, you are automatically entitled to civil legal aid for reasons of income and savings.
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. 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.