Preparation and submission of your account

Interim Payments

A claim for interim payment may be submitted under regulation 33ZB of The Legal Aid (Scotland) Act 1986.

Criteria for making a claim

  • the first interim claim may be submitted no earlier than the date three months following the date on which we gave notice in writing of the grant of legal aid
  • a second or subsequent interim claim may be submitted at intervals of not less than three months after the date of the immediately preceding claim in that case.

In cases of exceptional hardship we can also consider a claim, on cause shown.

The manner in which fees are to be submitted and paid is covered in the protocol between the Scottish Legal Aid Board and the Faculty of Advocates, effective from 1 October 2022.

Although solicitor-advocates are not members of the Faculty of Advocates, the same rules apply to ensure consistency of approach in how all “counsel” for the purposes of the fees regulations are dealt with.

Recovery where interim claim excessive

Where you accept an offer of payment, either through negotiation with your clerk or following taxation, which is less than the payment we have made as an interim payment you must make the necessary repayment to the Legal Aid Fund.
33ZC(2) of The Legal Aid (Scotland) Act 1986 states:

“Where the sum paid out of the Fund exceeds the sum that would, but for section 33(6), be payable under section 4(2)(a) in connection with the provision of the legal aid or advice and assistance, the solicitor or (as the case may be) counsel is liable to the Board for the difference between the sums.”

Counsel's final account

In criminal legal aid cases counsel should submit their final claim via email at faculty@slab.org.uk within four months of:

  • the date of conclusion of the case; or
  • the date of conclusion of counsel’s involvement in the case where the proceedings have not concluded.

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