Your client has the power to dispense with your services [regulation 17(2) of the Criminal Legal Aid (Scotland) Regulations 1996].

If your client does so, using the online system, you must:

  • Tell us that you have ceased to act in the case.
  • Provide details as to why you were instructed to cease acting.

In this context, Lord Osborne observed in McKinstry v Council of the Law Society of Scotland 1997 S.L.T. 191 (1996 S.C.L.R. 421)

“Paragraph (2) of the regulation imposes certain duties upon a nominated solicitor who has been required by an assisted person “to cease to act for him”. It appears to me that the language of this paragraph recognises that it is within the power of an assisted person to require that the nominated solicitor act no more for him. It is recognised that, if such a requirement is made, the professional relationship between the assisted person and the nominated solicitor is at an end.”

In this section

Change of solicitor

Nominated solicitor ceasing to act for the assisted person

Find out what you need to do if you decide to stop acting for your client who has been granted legal aid.

Change of solicitor

Assisted person wants another solicitor to act

Learn about the transfer process and the tests we must follow to decide if a change in solicitor can be granted.

Change of solicitor

Turnaround time for applications for change of solicitor

Learn about how long it takes us to make a decision on a transfer request, how you will be notified and whether it can be reconsidered.