Second solicitor giving advice and assistance on the same matter

Your client cannot be given advice and assistance on the same matter by more than one solicitor without our prior authority.  Regulation 13(2) of The Advice and Assistance (Scotland) Regulations 1996 states that the application for authority must:

  • Be made by the second or subsequent solicitor
  • Show that solicitor’s willingness to act
  • Be countersigned by the client
  • Include a statement of the reasons for seeking such authority

No work is chargeable until we grant this authority.  The effective date of the second grant of advice and assistance is the date of our decision to grant authority, not the date of the solicitor’s Declaration.

Change of nominated solicitor
Procedure for withdrawing from giving advice and assistance

In this section

Advice and Assistance Application Procedures

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.

Advice and Assistance Application Procedures

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.

Advice and Assistance Application Procedures

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.

Advice and Assistance Application Procedures

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.

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