Advice and assistance is oral or written advice on a matter of Scots law provided to your client by you. It does not include taking steps in connection with instituting, conducting or defending proceedings unless assistance by way of representation (ABWOR) is available.
The definition of advice and assistance is set out in section 6 of the Legal Aid (Scotland) Act 1986:
““Advice and assistance” means any of the following
oral or written advice provided to a person by a solicitor (or, where appropriate, by counsel)
on the application of Scots law to any particular circumstances which have arisen in relation to the person seeking the advice;
as to any steps which that person might appropriately take (whether by way of settling any claim, instituting, conducting or defending proceedings, making an agreement or other transaction, making a will or other instrument, obtaining further legal or other advice and assistance, or otherwise) having regard to the application of Scots law to those circumstances;
assistance provided to a person by a solicitor (or, where appropriate, by counsel) in taking any steps mentioned in paragraph (a)(ii) above, by taking such steps on his behalf or by assisting him in so taking them.”
“Representation” in the context of advice and assistance
“Representation” means advice and assistance provided to your client by taking on their behalf any step in instituting, conducting or defending any proceedings. Representation, therefore, includes a number of steps short of actual appearance in court or before a tribunal and can only be given where ABWOR is available.