Legal aid: paying counsel's fees
1 Dec 04
Guidance on when the Scottish Legal Aid Board will pay counsel direct and when their fees will be assessed as a solicitor's outlay
The Society has recently had a query regarding payment of counsel who have been instructed in a civil or criminal legal aid case. It was considered that it would be helpful to clarify SLAB’s position.In these cases SLAB will make payment to counsel direct to Faculty Services Ltd. In civil and criminal legal aid cases separate fees legislation exists which allows SLAB to make payment direct to counsel through Faculty Services Ltd as opposed to making payment via the nominated solicitor who has instructed counsel.
SLAB has referred the Society to regulation 9 of the Civil Legal Aid (Scotland) (Fees) Regulations 1989 and regulation 10 of the Criminal Legal Aid (Scotland) (Fees) Regulations 1989.
Under advice and assistance no equivalent legislation exists. Where a solicitor requires the services of counsel their charges fall to be assessed as an "outlay" in the nominated solicitor’s account in terms of regulation 17(1)(b) of the Advice and Assistance (Scotland) Regulations 1996. For the sake of clarity practitioners should please note that this is the policy in all types of advice and assistance case regardless of whether the matter relates to civil or criminal proceedings.