Everyone in Scotland, and across the civilised world, has the right to legal representation should they be charged or accused of a criminal offence.
Legal aid is a critical part of making this ideal a reality, making quality legal representation affordable and accessible to those who need it the most.
It is integral to the Scottish legal system and many top lawyers Scotland will offer legal aid support.
What is legal aid?
Legal aid is exactly what it sounds like, aid for those who need legal representation and wouldn’t otherwise be able to afford it.
It is only possible to get legal aid through solicitors who offer it. Some do not, but you would be surprised at just how many of the leading criminal lawyer do.
In order to qualify for legal aid, you will probably need to show evidence that you have no means to pay for it otherwise and that the situation you find yourself in is a serious one.
Bear in mind that you may have to pay a certain amount towards your legal costs even if you are eligible for legal aid, either now or in the future. This is not always the case but asking the question will help you to avoid any nasty surprises further down the line.
Legal aid applications must be made be a registered criminal or civil solicitor to the Scottish Legal Aid Board so you will still need to find a solicitor before applying.
Only individuals can be granted access to legal aid. If you are involved in a business dispute involving a company or a business partner it is extremely unlikely that you will qualify. The only exception to this may be if you are a partner in a company that is in conflict with all remaining partners.
What sort of cases will legal aid cover?
Legal aid may be available for those simply seeking legal advice from a solicitor, looking for information on their rights in a certain situation.
It can also be used to apply for assistance in negotiations or in ensuring that paperwork is filled correctly to avoid negative legal outcomes as a result of a misprint or missed deadline.
In terms of representation throughout an entire case, solicitors will sometimes be able to represent you via legal aid in civil or criminal cases.
Housing court cases are one of the biggest benefiters of legal aid support, assisting those who are facing mortgage or tenancy repossession and giving them the best possible chance of keeping their home.
Many people appearing in housing court are in incredibly difficult situations and legal aid provides a bright light in what can otherwise be a very dark time. Of course, being successful in your application for legal aid does not mean that you will be successful in court, but it does give you a fair shot.
Anyone who is involved in a matter of Scots law is eligible to apply for assistance and representation via legal aid, even if they don’t live in the country.