Only you or counsel can provide ABWOR [section 6 of the Legal Aid (Scotland) Act 1986]. ABWOR, in turn, can only be provided where the procedure in question is listed in the ABWOR regulations. An unqualified person, including a first year trainee, cannot charge for attendance at a hearing or for any preparation in connection with a hearing.
Representation is not restricted to an appearance in court or before a tribunal, as may be imagined. Representation means advice and assistance provided to your client by taking any step in instituting, conducting or defending any proceedings [section 6 of the Act].
Representation, therefore, includes the steps you take in preparing documents such as:
As such, none of this work is chargeable under Advice and Assistance. However, you can assist your client to complete the simplified divorce forms.
Other charges that constitute representation and are not permissible under advice and assistance include: