Definition of advice and assistance

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

  1. oral or written advice provided to a person by a solicitor (or, where appropriate, by counsel)
    1. on the application of Scots law to any particular circumstances which have arisen in relation to the person seeking the advice;
    2. 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;
  2. 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.

Matters covered by civil advice and assistance

In this section

Availability of advice and assistance

Matters covered by civil advice and assistance

Find out about the extent to which advice and assistance is available for covering matters in different contexts, including outwith Scotland.

Availability of advice and assistance

Granting standard advice and assistance

Read about the two forms of advice and assistance, and when you need prior approval to give standard A&A.

Availability of advice and assistance

Matters covered by a diagnostic interview

Find out about the matter types and the tasks that may be covered by diagnostic advice and assistance.

Availability of advice and assistance

Choosing the correct A&A category code: Civil or Children’s

Read our guidance on choosing the correct category code for certain matters under A&A, to understand when a matter falls under Civil or Children’s A&A.

Availability of advice and assistance

Diagnostic advice and assistance matter categories

View the list of categories that are covered by diagnostic advice and assistance (e.g. benefits, prison rules), and their associated category codes.

Availability of advice and assistance

Policy and procedure where providing a diagnostic interviews only or multiple interviews

Find out how often you can grant diagnostic A&A and the associated procedures for doing so.   

Availability of advice and assistance

Moving from a diagnostic interview to standard advice and assistance: when and how to do this

Find out how to apply for an uplift from diagnostic to standard A&A, factors you should address in your application and the implications for payment.

Availability of advice and assistance

Approved subject matters for standard advice and assistance: deciding whether a matter is ‘distinct’

Find out how to determine if a further grant of civil A&A is required for a ‘distinct matter’ and view a list of approved categories for standard A&A

Availability of advice and assistance

Civil advice and “representation”: steps that can and cannot be taken before a court or tribunal

Find out what work can be carried out under A&A and ABWOR before a court or tribunal.

Availability of advice and assistance

Relationship with civil legal aid applications

Read about how A&A interacts with civil legal aid applications; including A&A where civil legal aid is refused or not available.

Availability of advice and assistance

Who may provide civil advice and assistance?

Find out who may provide civil advice and assistance, and elements which may be undertaken by trainees or unqualified staff.

Availability of advice and assistance

Who can receive advice and assistance?

Find out who can receive A&A, and read guidance on availability of A&A for any client with other rights and facilities.

Availability of advice and assistance

Commencement of advice and assistance: the relevant date

Find out at what point A&A work becomes chargeable, and the relevant date to complete on the application.    

Availability of advice and assistance

The role of unqualified persons in the provision of advice and assistance

Read about the potential roles of unqualified persons in the provision of advice and assistance and what tasks they can undertake.

Availability of advice and assistance

Questions to ask your client in determining whether to grant advice and assistance

Read a list of key questions you may wish to ask different categories of clients (including children) in determining whether you may grant A&A.  

Availability of advice and assistance

Client information and satisfying yourself on eligibility before granting

Find out about satisfying yourself of your client’s financial eligibility before admitting to them to advice and assistance.     

Availability of advice and assistance

List of your responsibilities

Read a list of your personal responsibilities in admitting your clients to advice and assistance.    

Availability of advice and assistance

TOOL: apply for/oppose an order under the Adults with Incapacity (Scotland) Act 2000

Use our tool to view the steps in applying for/opposing an order under Adults with Incapacity (Scotland) Act 2000 and find which category code to use.