Cases where you are not due payment from the Fund: restrictions on what you can charge your client

Where payment is not due out of the Fund,

there are restrictions as to what you can charge your client from any contribution, expenses or property recovered or preserved in connection with the matter [Section 12 of the Legal Aid (Scotland) Act 1986]:

  • You may only charge at advice and assistance rates
  • You can only charge within the maximum limits of authorised expenditure that applied at the time the work was done or any outlays incurred
  • You cannot exceed the total limit of authorised expenditure

Your client is entitled to have the account taxed by the auditor of the sheriff court in the event of a dispute.

You are entitled, at any time, to stop providing advice and assistance to your client provided you follow the correct procedures. If your client wishes you to do further work for them privately, you cannot charge them private rates during the period that advice and assistance was in place.


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