Legal Aid is the help you can sometimes get when you can't afford to pay your own legal costs.  It can be a bit of a minefield, with many people wondering if they will be able to apply for it, whether it actually costs anything and basically how the process works.  I’ll try to answer all these questions here…

​Applying for Legal Aid Firstly, to apply for legal aid, you'll need to talk to us first.  We’ll guide you through your options, let you know if you're likely to get legal aid and help you with the application process. You'll usually need to show that you can't afford to pay for legal help yourself and your problem is serious. You may have to pay some money towards the legal costs of your case, or pay costs back later. You might not need to pay anything at all, depending on your financial position and the type of legal help you need.

 

​What legal aid covers

The type of legal aid you apply for depends on the type of legal help you need (please talk about this with us first):

• advice and assistance – this can help with the costs of getting legal advice from a solicitor, such as information on your rights and options, or help with negotiations and paperwork.

If needed, your solicitor may be able to represent you in court for:

• a civil case – for example, if you have housing issues, you're divorcing, have disputes about your children or need help with debt.​
   

Will I need to pay?

We can tell you if it's likely you'll get civil legal aid. However, it's the Scottish Legal Aid Board (SLAB) who will assess your application and tell you what you'll pay (if anything) towards your legal costs.
The process begins with some forms which you need to fill in. We will give you these and help you complete them.  We’ll then send these to SLAB on your behalf. SLAB will check:

• your financial situation – can you afford your legal costs without help from SLAB?

• you have 'probable cause' – is there a legal basis to take your case forward?

• it's reasonable to spend public money to support your case – is it likely to succeed, and will it cost more than it's worth?

• help isn't available to you from somewhere else – is there a trade union or insurance company that could help you, and have you tried to settle your case without going to court?

When SLAB checks your financial situation, they'll not just look at your position, but also that of your partner (unless you're separated or your case involves them).  More specifically, they’ll investigate the following:

• disposable capital (savings, shares, property and money you could use or sell to pay for legal help – this doesn't include the house you live in)

• disposable income (this is the money you have left after paying all your living expenses, like your rent/mortgage, council tax, childcare costs, debt repayments and your travel to work)
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If you get benefits

You won't need to pay anything towards your legal costs if you get:

• Universal Credit

• Income Support

• income-based Jobseeker's Allowance (if you're on a low income)

• income-based Employment and Support Allowance (if you're on a low income)

'Income-based' is a type of benefit you get because you're on a low income.

 

Who can get help
Anyone who fulfils the essential criteria and who had successfully been approved by SLAB.  You may not need to pay anything at all, depending on your financial position and the type of legal help you need. You'll usually need to show that you can't afford to pay for your legal costs yourself. It’s important to note that you may have to pay some money towards the costs of your case, or pay costs back later.

 

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