Change of nominated solicitor

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Criteria for allowing a change of solicitor

We can allow a change the nominated solicitor in limited circumstances. A grant of advice and assistance is personal to you, but a change in the nominated solicitor can be requested online where the solicitor has died, retired or otherwise left private practice. This avoids the need for a second application for advice and assistance and your client possibly having to pay a second contribution.

In any other circumstances a fresh grant of advice and assistance is required, including where the solicitor remains in private practice, but is no longer doing legal aid work.

If the solicitor has died you must contact Finance Distribution finance@slab.org.uk and the Manager Accounts Assessment manager.accounts@slab.org.uk copying in the Accounts Support Team support.accounts@slab.org.uk for advice before using the block change option.

The criteria are that:

  • You are unable to complete the course of advice and assistance
  • Another solicitor in the same firm is to complete the advice and assistance
  • All parties agree to the arrangement
  • One account will be sent in at the conclusion of the advice and assistance under the new solicitor’s practitioner code and paid under the mandate relating to the new solicitor.

The exception is if you, as a sole practitioner, have to engage a locum solicitor who, during your absence, determines if your client is eligible for advice and assistance so the grant is not put in your name. The locum will only be acting for a short time and you will usually want to take over acting for your client when you return.

The criteria to be applied in this situation are:

  • All parties agree to the arrangement
  • One account will be sent in at the conclusion of the advice and assistance under your code and paid under the mandate relating to you
  • Confirmation that the existing solicitor was acting in a locum capacity only in your absence

Procedure for changing solicitor

A request for a change in nominated solicitor can be made online using the Block Solicitor/Firm moves application.  This facility can be found on the home page of Legal Aid Online.

Further guidance can be found on our webpage at Legal Aid Online Information Hub.

The limit of authorised advice and assistance expenditure
Second solicitor giving advice and assistance on the same matter

In this section

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Time limit for intimation of application to us

Find out when you must submit an online application by after commencing advice and assistance.

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Multiple grants of advice and assistance

Find out how many grants of advice and assistance you should make when dealing with several different matters and what is meant by a ‘distinct matter’.

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Situations where fresh grants of advice and assistance are required for the same client in proceedings under the Children’s Hearings (Scotland) Act 2011

Find out when you need a fresh grant of A&A for your client and how far you can act under one grant throughout the children’s hearing process.

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The limit of authorised advice and assistance expenditure

This page includes information on the limit of authorised expenditure in A&A. It covers what the limit is, how you can apply for an increase, our process for reconsidering a rejected request for an increase, urgent telephone requests for increases and the availability of retrospective increases.

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Read about the legislative provisions in relation to a second solicitor giving advice and assistance on the same matter and need for our prior authority.

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Procedure for withdrawing from giving advice and assistance

Find out the procedure for withdrawing from giving advice and assistance, including the information you must provide to your client and us.

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Private charging after a grant of advice and assistance

Read about when you are allowed to charge your client privately after a grant of advice and assistance and what you need to check before doing so.

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Can children’s advice and assistance be given at the same time as children’s legal aid?

Find out the legislative position on whether children’s advice and assistance can be given at the same time as children’s legal aid.

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Could a client receiving advice and assistance end up paying money recovered or preserved back to the Legal Aid Fund?

Find out about the likelihood and implications of your client being subject to property recovered or preserved (clawback) provisions under Children’s A&A.