Accounts: Common queries in relation to the preparation and submission of legal aid accounts

We regularly receive paper accounts where the online synopsis form has not been completed and registered first. We cannot deal with accounts until this has been done.

To complete the registration of the paper online account, when you access the summary screen there will be a question at the top of the screen that will ask if you would like to proceed with a paper or online account. Please select paper and then complete the following steps:

• select the work breakdown tab, scroll down the page and click on the appropriate fees and outlays boxes. This activates a pop up box which you should then complete by entering the corresponding amounts
• once completed you can continue to the synopsis form where you will be able to enter your details and then submit the account
• once you have received notification that the online synopsis has been registered you can then submit your paper account by email to: paperaccounts@slab.org.uk

It is important that when completing the synopsis that you include any linked reference numbers in relation to the case, including advice and assistance reference numbers.

Please see our guidance on how to securely submit a legal aid account.

Please see our additional e-learning and online guidance on how to submit online legal aid accounts.

When completing the synopsis for criminal cases the following advisory message appears:

“Please check that the court type and subject matter are correct and producing the correct fee table. If this data is incorrect please contact our Applications area to amend the data prior to adding any work items at this time.”

You must contact Criminal Applications criminalapplications@slab.org.uk to have the application updated before submitting your claim. You should not contact Criminal Accounts Assessment because they cannot do this for you, in order to maintain auditable separation in responsibilities between grants and payment.

In solemn matters, when you are instructed at the first appearance on petition, to complete the summary page, you should answer yes to the question “Was work undertaken under the automatic availability provisions?”

A drop down menu will ask what type of automatic availability was provided and you should choose the 22(1)(b).

This ensures that the first appearance can be claimed in your account.

You do not require to include any outlays in your final account which have previously been submitted and paid by way of an interim payment.

You do not require to include any fees in your final account where an account has previously been submitted and paid by way of an interim payment. The exception to this rule is where you have submitted an account but only received a payment of 75% of the fees claimed. In those cases you must submit a fully itemised account.

 

We may have to reject your final claim if work items that have already been claimed and paid in an earlier interim payment claim are duplicated.

By contrast, where you have received payment of an interim claim for fees but where no account was required you must send us a final account detailing all of the work that has been done under the grant of advice assistance or legal aid.

Where you have received a payment of paper interim claims, you must submit a final account that includes all work that has been done under the grant of legal aid, including the block fees already previously claimed and paid.

You cannot submit an interim claim for fees or outlays pending a decision on a legal aid application.

You can only submit claims where advice and assistance or legal aid has been granted.

You will need to submit the invoice with the claim before we can consider it.

For online claims the invoice should be uploaded to the corresponding work item.

The invoice should detail when the work was done, time engaged and a description of the work done (where relevant).

We occasionally require to request further information to enable us to objectively assess a solicitor’s legal aid claim where the supporting narrative provided is insufficient to justify the charge.

SLAB is a third party payer and we will not have the same level of knowledge of the case that you will have.

To allow us to make payment you should provide a sufficient narrative in support of each charge.

If the client has a protected characteristic or disability that affected how the work had to be carried out in the case (e.g. more frequent or lengthier meetings were required) it is important that you tell us and we will then be able to reach a more informed view on the reasonableness of the charge(s).

Please also remember to include the name of the person who carried out the work and if they were qualified or unqualified at the time the work was done, as we may ask for this information if it is not provided.

For accounts prepared on detailed fees, details of any documents perused should be clearly described in the work item narrative together with the number of sheets and the actual time taken to peruse the documents. For Schedule 5 detailed claims in civil and children’s legal aid cases the table of fees prescribes a fee for perusals and it is only if the document is greater than 12 sheets that a time charge will apply.

We find it helpful for the solicitor’s file note to be uploaded to the work item in support of any perusal charges claimed for, particularly where the documents that the solicitor required to peruse were detailed and/or significant in volume.

We will routinely disallow any fees claimed for perusing the same documents more than once. If fresh documents are included within the documentation perused, then a charge may be made for considering the fresh documentation only.

The perusal of incoming correspondence addressed to the solicitor/firm is not chargeable. The perusal of a letter is specifically excluded under Schedule 5 detailed civil fees and Schedule 1 criminal fees.

For accounts prepared on detailed fees, details of any preparatory work undertaken should be clearly described in the work item narrative together with the actual time taken.

In support of any lengthy preparation being claimed you should upload the corresponding file note to the work item for assessment.

For accounts prepared on detailed fees, we require a description of the letter content in the work item narrative, making clear the purpose of the letter, who it was sent to, and the details of the advice given etc.

It is helpful if lengthier letters are submitted/uploaded to the relevant work item.

The address, greeting and closing sign off are not chargeable components of a letter.  Only the composed content that forms the actual body of the letter may be claimed for.

We do not ordinarily allow a charge for courtesy letters, such as acknowledgements.

The exception to this is where the solicitor has received important/sensitive documentation, for example, an expert report or another solicitor’s file of papers etc, and it is appropriate to confirm its safe receipt.

A formal letter charge can be claimed in these circumstances.

Where a claim is being made for framing a lengthy document it is helpful to submit/upload the document to the relevant work item.

You should submit or upload the relevant document to the work item for any lengthy precognitions or affidavits where they have not already been sent to us.

We published guidance on how you should charge for written representations ordered by the court in circumstances where the submissions directly replace and substitute the need for any separate hearing or oral advocacy.

It is helpful to include a short narrative in the account confirming the type of hearing that took place and the outcome.

If a solicitor, other than the nominated solicitor, conducted the hearing, you should include the name of the solicitor who conducted the hearing in the relevant work item.

Where there are gaps in time engaged at court you should explain if any other work was undertaken during this period, including work done on any other case.

In Children’s proceedings you should submit/upload a copy of the Record of Proceedings (where available) and the Interlocutor that has been issued.

For Children’s Interim Compulsory Supervision Order (ICSO) hearings, you should provide a note of the outcome of the hearing and state whether it was opposed or varied.

The fees for a solicitor engaged at court requires to be calculated on the basis of the total time engaged per day, including travelling.

The online system will calculate the fees payable for accounts submitted online.

For paper accounts you can find guidance on our Legal aid fees page on how a solicitor’s fees require to be calculated.

Travel and mileage must be apportioned equally in circumstances where the solicitor has seen more than one client at the same location on the same day; or has met with the client in relation to separate subject matters.

When submitting your final account, where applicable, please upload a copy of the:

• Minute of Agreement
• Final Interlocutor/Extract Decree
• Judgement in the case.

This will let us know how the case settled/concluded.

 

You can find the table of fees for Schedule 6 Defended Block Fees and the Notes on Operation at: https://www.slab.org.uk/solicitors/legal-assistance-fees/#sheriffcourtblock

The prescribed fee under paragraph 2 (b) only applies to the preparation and attendance at any ‘Continued’ Options Hearing.

A claim may be made for the solicitor’s attendance at a continued hearing.

The prescribed perusal fee under paragraph 5 (d)(iv) is only applicable to documents that have been recovered under specification.  Perusal charges for all other documents are absorbed into the general fees that are payable in the case.

Although no separate charge can be made for meetings that are covered by the inclusive fees it is helpful if you still include the ‘meeting’ work item(s) (claimed at nil) for any meetings that took place and provide a short narrative detailing the purpose of the meeting and what was discussed.

When claiming for the meeting, please ensure that you select the ‘meeting’ work item rather than the work item ‘meeting at court’. This will allow the meeting to be shown on the account.

If the parade is attended by an unqualified person, or for some reason the parade does not proceed then the fees prescribed under regulation 5 do not apply, and payment reverts to the detailed fees prescribed in Schedule 1.

If the identification parade does not take takes place during the period where the inclusive fee under Part 2,paragraph 1, applies only the travel fee would be chargeable over and above the inclusive fee.

You should insert the ‘meeting’ work item(s) (claimed at nil) for any meetings that took place with a narrative detailing the purpose of the meeting and what was discussed.

When claiming for the meeting, please select the ‘meeting’ work item rather than the work item ‘meeting at court’. This will allow the meeting to be shown on the account.

You should insert a narrative confirming if any of the work items claimed from (a) to (h) were dealt with during the course of the preliminary hearing or first diet.

Where a fee is claimed at paragraph 6(b) for a vulnerable witness application, please provide details of the names of the vulnerable witness.

It is helpful if you include a work item with a narrative (claimed at nil) confirming that the solicitor established eligibility before commencing work under the grant of advice and assistance.

This is particularly important in circumstances where the solicitor has travelled to a hospital, prison etc to meet with the client for the first time in relation to the matter.

We may query outward travel if it is not clear from the account that the solicitor established eligibility before travelling.

These tend to be brief documents requiring little thought or legal expertise and are often in the form of a style/pro-forma template. Where this is the case the formal (lower) framing fee should be applied.

For mandates claimed at the non-formal (higher) framing fee, you should submit/upload the mandate to the relevant work item.

The block precognition fee at Part II, paragraph 1D includes the time engaged in taking and the framing of the precognition.

No separate fee should be claimed where this was for the purposes of taking the precognition.

Generally, correspondence to the client chasing them for instructions is not chargeable under a grant of advice and assistance.

The onus is on the client to remain in contact with their solicitor.

However, a fee may be chargeable where it is clear that:

• The client has a protected characteristic or disability and the solicitor has had to make reasonable adjustments for the client depending on their circumstances
• The solicitor has received important information or a document that requires to be discussed with the client and it is reasonable for the solicitor to contact the client to let them know about this
• The solicitor has not heard from the client for some time and has sent them a letter advising that they are closing their file for the matter.