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COMMON QUESTIONS AND GLOSSARY
QUESTIONS AND ANSWERS
How do I get legal aid?
You cannot apply directly to the Scottish Legal Aid Board for legal aid. An application must be made through a solicitor. To qualify for legal aid, you must meet certain eligibility criteria. To find out more about legal aid, the different types that are available, and how to find out if you are eligible, click on the links:
To find a solicitor who is registered to practise legal aid, click on the link to use our find your nearest solicitor service.
I need legal advice – can you help?
The Scottish Legal Aid Board cannot provide legal advice – it is a public body which administers the legal aid system in Scotland. Legal aid can only be provided through a solicitor. See the question above for details of how to get legal aid.
Sources of general help and advice include:
- Your local Citizens Advice Bureau can help with a wide variety of problems - to find your nearest branch, look on their website www.cas.org.uk or in the Yellow Pages
- Adviceguide – this website, published by the Citizens Advice Bureau, provides information on a wide range of topics, including the legal system, immigration and debt www.adviceguide.org.uk
- Dial-a-law is a service available on the Law Society of Scotland's website It provides information on more than 40 different legal topics, covering a wide variety of situations we come across in everyday life
- Law centres - Some larger towns and cities have law centres which provide free and independent legal advice to people who live or work in the area, although they sometimes specialise in things like welfare law and immigration law. The Scottish Association of Law Centres’ website provides more information and a list of law centres in Scotland
- Money Advice Scotland provides free advice on money and debt problems. To get more information and to find your nearest money advice agency, use their website www.moneyadvicescotland.org.uk
- Shelter - provides help and advice if you are facing homelessness or housing problems.
What information can I get before going to a solicitor?
Many of the organisations mentioned above can provide information and help with a wide variety of problems. We also produce a range of leaflets giving more information about legal aid and eligibility. You can read these or download them from this website by clicking on this link legal aid leaflets If you would like us to send you a copy of any of these, please ring our publications line 0131 240 1985, or email us
I need help and advice about immigration or asylum
The Scottish Legal Aid Board cannot help with this unfortunately, but you may find these contacts useful:
- the Scottish Executive's website www.scotlandistheplace.com provides information on moving, visiting, or working in Scotland. It provides a wide range of other organisations you may find useful and their contact details. The site also offers a Relocation Advisory Service.
- The Scottish Refugee Council is a charity providing advice, information and assistance to asylum seekers and refugees
in Scotland, their website address is www.scottishrefugeecouncil.org.uk Asylum seekers and refugees can call their Freephone number for advice: 0800 085 6087 (09:30-16:00 Monday to Friday).
- The Immigration and National Directorate is the part of the Home Office responsible for immigration control. Their website provides detailed information on coming to the UK, your rights and responsibilities, and applications for permission to stay, citizenship and asylum, their website address is: www.ind.homeoffice.gov.uk/
How can I find out if I qualify financially for civil legal assistance?
To find out whether you are likely to qualify, you can look at, or download a leaflet on financial eligibility or use our online calculator for advice and assistance or civil legal aid.
We would advise that you contact a solicitor who is on the civil legal assistance register to go through the financial eligibility details with you. Many solicitors do not charge for an initial appointment and will be able to advise whether you are likely to be granted civil legal assistance and, if so, whether you would have to pay a contribution.
I need a solicitor who specialises in a certain type of law (for example, employment law or
human rights)
Our online find my nearest legal aid solicitor lets you search for certain types of case.
The Law Society of Scotland’s website provides a list of all legal firms practising Scots law www.lawscot.org.uk under Find a Solicitor. You can then request details for a firm near you which deals with a specific category of work.
I think someone has applied for legal aid in a case that affects me – what happens?
If we know the identity of the opponent in a case, we will normally send them a form saying that someone has applied for legal aid for a case in which they are the opponent, and explaining your right to object to the application for, or grant of legal aid.
In certain circumstances, we do not inform the opponent. This could be because we do not know their address, or if the solicitor or applicant has given us reasons why telling the opponent would be inappropriate, such as in cases of domestic violence.
You can get more information about this reading or downloading our leaflet for opponents.
If you think that someone has applied for legal aid in a case that affects you, but you haven't received a form about it from us, you can telephone us on 0131 226 7061 and ask to speak to someone in the Civil Applications Department, or write to us at Civil Applications Department, The Scottish Legal Aid Board, 44 Drumsheugh Gardens, Edinburgh EH3 7SW, or email civilmeans@slab.org.uk
I think someone receiving civil legal aid is not entitled to it – what should I do?
All applications for civil legal aid are covered by strict rules of confidentiality, so we cannot give you any details about what another person has declared about their financial circumstances in their application without their permission.
You should also bear in mind that assessments of financial eligibility for civil legal aid only take into account the income and outgoings a person has during the twelve-month period immediately following the date their application was made (but we can take any changes to capital into account if the case is still ongoing).
If you give us details of your concerns, we will investigate. You can telephone us on 0131 226 7061 and ask to speak to someone in the Civil Applications Financial Assessment Unit, or write to us at Civil Applications Financial Assessment Unit, The Scottish Legal Aid Board, 44 Drumsheugh Gardens, Edinburgh EH3 7SW, or email civilmeans@slab.org.uk
What is ‘clawback’ and how will I know if it is going to affect my case?
If you win or keep money or property as a result of your solicitor’s work, you may have to pay some or all of the costs of your case – this is called clawback. Clawback applies only in cases about money or property. For example, in divorce cases, the court often has to decide how to divide money or property that you and your spouse own jointly, or you might be seeking a lump sum from your spouse. Another example would be if you were trying to get compensation or damages for injury. You should ask your solicitor at the start of your case whether clawback could apply. Read more about it in our leaflet on clawback.
If I’m receiving legal aid, how long do I need to keep you informed of changes to my financial situation?
If you receive any capital (a lump sum, or something of value) after you apply for legal aid but before your case is finished, you must tell us about it. If the changes to your financial situation are to your income or outgoings , you only need to tell us about changes during the twelve months that follow the date of your application.
I am having difficulty paying my contribution – what will happen if I don’t pay?
You must tell us immediately if you are having difficulty paying, so we can try to help you. If you can show that your financial position has changed for the worse, we may be able to reduce the amount of your monthly contributions. You should write to our Treasury Department, The Scottish Legal Aid Board, 44 Drumsheugh Gardens, Edinburgh EH3 7SW. O r telephone us and ask to speak to someone in Treasury, or email treasury@slab.org.uk
If you don’t pay, your legal aid may be stopped, and your solicitor would have to stop working on your behalf under legal aid. You may still have to pay the rest of your contribution, to help meet the costs of your case.
I am Scottish and want legal aid for a case in another country – is this available to me?
Legal aid is only available for a matter of Scots law, so if the subject matter of the case occurred in another country, no funding is available from the Scottish Legal Aid Board. There may be funding available in the other country to help you take action.
Where can I find out about legal aid in other countries?
For information about legal aid in England and Wales contact the Legal Services Commission, 85 Gray's Inn Road, London WC1 8AA, telephone 020 7759 0000. Their main website address is: www.legalservices.gov.uk Also administered by the Legal Services Commission is http://www.communitylegaladvice.org.uk - this is the website of the Community Legal Advice service which provides help and advice to those eligible for legal aid in England and Wales.
For information about legal aid in Northern Ireland, visit the Northern Ireland Legal Services Commission
A Scottish solicitor may be able to give you advice and assistance to help you find a solicitor in England or Wales to deal with your problem.
Many other countries have legal aid schemes although they may not cover the same things as Scotland's. Your solicitor will be able to help you find a solicitor abroad, or you can contact the Board for information. You may also find our links section helpful.
I’m waiting to hear about my application, how long should it take?
Our service standards tell you the level of service you can expect from us, including how long it will take us to
do things.
I am having difficulty finding something on this website – what should I do?
We are sorry you’ve had problems. One of the easiest ways to find something is to use our Search facility, which you can find at top right hand corner of each screen on this website. T ype in a key word or phrase into the search box, then press the return key, or click on the search button. The system will then do a search and provide you with a list of documents that correspond to the word(s) you typed. If you cannot find what you are looking for, or you have a question we haven’t answered on this page, you can email us
I have a question that is not answered here. What can I do?
If you have a query, please contact us by email or find out about how to contact us.
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