When can A&A be granted (with the fixed fee) for cases which resolve before the first court appearance?

Advice and Assistance can be granted to allow the fixed fee to be paid under A&A where cases are resolved prior to the proceedings commencing, subject to the following criteria being met:

• the solicitor was appointed by the client
• a decision has been made to prosecute the case in the sheriff court
• the solicitor has submitted a letter of engagement to the PF
• a copy of the complaint has been issued to the solicitor by the PF, and
• the case is resolved and concluded prior to proceedings commencing.

Relevant legal aid guidance: Applying for Advice and Assistance for these early resolution cases