During a case, it may become apparent to you or counsel your client:
If no action is taken there will be an abuse of legal aid.
Therefore, it is your duty, in terms of Regulation 24 of the Children’s Legal Assistance (Scotland) Regulations 2013 and the duty of counsel to draw the matter immediately to our attention. You must tell us if your client:
This duty overrides any duty of confidentiality owed to your client because of any privilege arising out of the relationship between solicitor, counsel and client. This is an exception to the stipulation in section 31(7) of the Legal Aid (Scotland) Act 1986 that legal aid is not to affect the relationship between solicitor, counsel and client or their respective rights.